PRIVATE ACTS OF BEDFORD COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF BEDFORD COUNTY, TENNESSEE REVISED EDITION COUNTY TECHNICAL ASSISTANCE SERVICE THE UNIVERSITY OF TENNESSEE INSTITUTE FOR PUBLIC SERVICE NASHVILLE, TENNESSEE Revised and Edited By Steve Lobertini, Codification Specialist, and Theodore Karpynec Administrative Assistant 1996 Updated By Elaine Turner, Paralegal, and Ron Fults, Chief Legal Consultant 2007

2 PREFACE County government in Tennessee is a political subdivision of state government. As a political subdivision, county government has only that authority which is delegated to it by the state. In Tennessee, the process of delegation of power from state government to county government is accomplished through legislative action of the general assembly, either through a general (public) act or private act. In the case of the general act, the general assembly grants certain powers which have general application to all or a large number of counties across the state. These general acts are assembled and codified in the Tennessee Code Annotated which is revised and published on an annual basis and is widely available. However, finding individual county legislation (private acts) is not so easy since it is not published in the official code. The presence of a large body of private legislation in this state is the result of two basic factors. First, although the Tennessee Constitution mentions some county government offices, the provisions of the Tennessee Constitution dealing with county government lack detail, thereby allowing the general assembly wide latitude in county government administration. Secondly, the Tennessee General Assembly has seen fit to enact much of the law relating to county government on an individualized county-by-county approach. The result has been that the 95 counties in Tennessee operate under both general laws and private acts. This body of private legislation is a mass of separate acts, with each applying to only one or a very small group of counties. Since these acts affect counties on an individual basis, they are not included in the Tennessee Code Annotated but rather are published annually in separate volumes. The result of this past method of publication of private legislation has been the accumulation of a large portion of county law in a cumbersome mass of chronologically arranged volumes which at last count numbered over 120 books. To further complicate matters, the older volumes have not been reprinted, so that there are today only a handful of complete sets of the private acts in existence. Nevertheless, scattered through these hard-to-obtain volumes is the only public record of those laws from which Tennessee counties draw a large portion of their authority to govern and under which they operate daily. Before the County Technical Assistance Service began compilation of the private acts on a county-by-county basis, there was no statewide effort to organize these acts into a body of current law easily accessible for reference by county officials and interested citizens. It is our hope that this volume of The Private Acts of Bedford County will provide a useful reference for county administration in Bedford County. We are indebted to the Bedford County legislative delegation for its continued support of the County Technical Assistance Service and this compilation. i

3 HOW TO USE THE PRIVATE ACTS OF BEDFORD COUNTY At least three methods can be used to locate a private act contained in this volume. The method used will depend on the amount of information you have at the outset of your research. First, when you have no information about any specific act but merely a general question as to the law on a given subject, the table of contents can be used to ascertain the pages of this volume pertaining to that particular subject area. The chapter headings found in the table of contents are arranged alphabetically and conform to what the compiler believes to be the most commonly used terms found in county government in Tennessee. You should note, however, that the table of contents is general in nature and is not a word index. A second method can be used if you already know the year and chapter number of an act in question. The parallel reference table in the back of this volume affords a reference to the pages containing the desired act or acts. Finally, if you have a copy of the Tennessee Private Acts Index (The Michie Co., Charlottesville, VA, 1984; currently LexisNexis) it can be used as a more complete word index. Upon ascertaining the chapter and year of the private act of interest, the parallel reference table in this volume can be used to locate the private acts. The private acts currently in effect for the county are reprinted in this volume. When going through this volume you will note that there are some acts noted herein which are no longer current laws due to subsequent passage of acts which have superseded them in usage. The compiler has described these acts which have been superseded in historical notes at the end of the chapter wherein the current act on the subject is reprinted. Under topic headings throughout this volume, brief summaries or references are made to general law codified in Tennessee Code Annotated that deals with the particular topic. The acts that are printed in full in this volume include any subsequent amendments to the act. Although no statement is made regarding whether the amendatory act was ratified, the ratification was checked by the compiler to insure that the amendatory act was approved locally and is in effect. This compilation is updated through the 2007 Session of the 105th Tennessee General Assembly. ii

4 TABLE OF CONTENTS PREFACE... i HOW TO USE THE PRIVATE ACTS OF BEDFORD COUNTY... ii CHAPTER I - ADMINISTRATION...1 AUTO RACING COMMISSION...2 BUDGET SYSTEM...3 COUNTY ATTORNEY...4 COUNTY CLERK...5 COUNTY LEGISLATIVE BODY...6 COUNTY MAYOR...8 COUNTY REGISTER...10 RECORDATION OF DEEDS...10 COUNTY TRUSTEE...12 FEES...13 PUBLIC SERVICE COMMISSION...14 PURCHASING...18 UTILITY DISTRICT...23 GENERAL REFERENCE...26 CHAPTER II - ANIMALS AND FISH...31 FOXES...32 FISH...33 CHAPTER III - BOND ISSUES...37 COURTHOUSE...38 DEBTS...38 HOSPITAL...38 ROADS...39 SCHOOLS...39 CHAPTER IV - BOUNDARIES...40 CREATION OF COUNTY...41 CHAPTER V - COURT SYSTEM...65 BOARD OF JURY COMMISSIONERS - JURORS...66 CHANCERY COURT...68 CLERK AND MASTER...71 CIRCUIT COURT...73 CIRCUIT COURT CLERK...76 CRIMINAL COURT...77 DISTRICT ATTORNEY GENERAL...78 ASSISTANTS AND CRIMINAL INVESTIGATORS...78 GENERAL SESSIONS COURT...79 JUVENILE COURT...88 SECRETARIAL ASSISTANCE...89 iii

5 CHAPTER VI - EDUCATION/SCHOOLS...90 BOARD OF EDUCATION...91 SUPERINTENDENT OR DIRECTOR OF SCHOOLS...96 GENERAL REFERENCE...97 CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT CHAPTER VIII - HEALTH CHAPTER IX - HIGHWAYS AND ROADS ROAD LAW CHAPTER X - LAW ENFORCEMENT JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - TAXATION ASSESSOR OF PROPERTY RECORDATION OF DEEDS GAMING AMUSEMENT DEVICES PRIVILEGE TAX - SOLID WASTE DISPOSAL CHAPTER XII - UPPER DUCK RIVER DEVELOPMENT AGENCY iv

6 CHAPTER I - ADMINISTRATION 1

7 ADMINISTRATION AUTO RACING COMMISSION PRIVATE ACTS OF 1955 CHAPTER 398 SECTION 1. That in counties of this State having a population of not less than 23,600, nor more than 23,700, by the Federal Census of 1950, or any subsequent Federal Census, there is hereby established an Automobile Racing Commission and no person, firm or corporation shall conduct an automobile race without a permit from said Commission. At its next regular term occurring more than 30 days after final legislative action hereon, the quarterly county court of any county to which this act may apply, shall select three qualified persons to constitute such Commission. They shall serve at the will of such court and shall receive no compensation but shall be entitled to their reasonable expenses. Any person, firm or corporation desiring to conduct automobile races in the county to which this act applies shall make application to such Commission for a permit therefor. The application shall state the time and place of the proposed race or races and their probable duration but no permit shall serve to allow any such race on Sunday. On hearing of such application, the Commission shall consider the public welfare, to what extent a nuisance will be created thereby, by noise or otherwise, to what extent traffic congestion will occur on public thoroughfares and whether the same will interfere with the public peace and tranquility to such an extent that it should not be allowed and a fee of $1.00 to go to the general fund of the county shall accompany each application for a permit hereunder. Permits shall issue in the sound discretion of the Commission, subject to the above restrictions and limitations. SECTION 2. That this Act shall have no effect unless the same shall have been approved by two-thirds vote of the quarterly county court of any county to which it may apply on or before the next regular meeting of such quarterly county court occurring more than thirty days after its approval by the Chief Executive of this State. Its approval or non-approval shall be proclaimed by the presiding officer of the body having jurisdiction to approve or the reverse, and shall be certified by him to the Secretary of State. SECTION 3. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: March 17,

8 ADMINISTRATION BUDGET SYSTEM Counties in Tennessee may operate their budgeting system under one of the three optional general laws on the subject or under the provisions of private acts or county or metropolitan government charters. The three optional general laws dealing with budgeting are the County Budgeting Law of 1957, the County Financial Management System of 1981 and the Local Option Budgeting Law of If neither an optional general law nor a private act or county charter has been adopted, the county may have established a budget committee by resolution to serve in an advisory role to the county legislative body. Also see T.C.A through , and T.C.A (school budget). Most counties are subject to a general law dealing with the procedure for making budget amendments that is codified at T.C.A The County Budgeting Law of 1957 is found in title 5, chapter 12 of Tennessee Code Annotated. It is a general law establishing procedures for the preparation and adoption of county budgets for all county funds, activities and agencies. The County Budgeting Law of 1957 is permissive legislation and in order to come under its provisions, counties must adopt a resolution by 2/3 vote of the county legislative body or pass the proposal in a referendum. Section of Tennessee Code Annotated specifically provides that the 1957 general law does not affect either private acts then in existence or prevent the enactment of private legislation for Tennessee counties creating central accounting systems, the position of budget director, or other budgeting procedures. The County Financial Management System of 1981 is codified at T.C.A et seq. This law provides an optional system and methods of controlling the financial affairs of a county, including budgeting, purchasing, and investment processes. This act is permissive in nature and can be activated by a two-thirds (2/3) vote of the county legislative body, or by a majority vote in a referendum election. The Local Option Budgeting Law of 1993 is an optional general law located at T.C.A through This law may be adopted by a two-thirds (2/3) vote of the county legislative body. This law may be adopted and used in conjunction with the County Budgeting Law of 1957 or the County Financial Management System of 1981, or used alone. This optional law provides procedures for the formulation, adoption and amendment of an annual budget that includes deadlines for action. If a county legislative body operating under this law fails to adopt a budget by August 15, the portion of the budget prepared by the department of education goes into effect, and similarly, the remainder of the budget as proposed by the county executive or budget committee goes into effect. 3

9 ADMINISTRATION COUNTY ATTORNEY The office of county attorney is not a constitutional office nor is it an established office under general law. The office of county attorney may be set up by private act. The county mayor is authorized by T.C.A to employ counsel where there is no county attorney established by private act or county or metropolitan government charter. The general law at T.C.A authorizes the board of education to employ legal counsel to advise or represent the board. The County Uniform Highway Law authorizes county highway departments subject to this general law (most counties) to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department. T.C.A There may be other private acts which allow other governmental departments to hire attorneys. 4

10 ADMINISTRATION COUNTY CLERK The county clerk, formerly the county court clerk, is a constitutional office as provided by article VII, section I of the Constitution of Tennessee. The county clerk is popularly elected for a term of four years. T.C.A The bond required for county clerks is $50,000 in counties with a population greater than 15,000 and $25,000 in counties with a population less than 15,000. T.C.A Most of the duties of the county clerk are specified in the general law (public acts) codified in Tennessee Code Annotated. The county clerk is the clerk of the county legislative body. The clerk keeps the official record (minutes) of the legislative body. The county clerk is responsible for the issuance of marriage licenses and pawnbrokers' licenses. The county clerk is the collector for a number of local and state taxes including local wheel taxes, local hotel/motel taxes, wholesale beer tax, business taxes and vehicle registration fees. T.C.A The clerk's salary is determined in accordance with T.C.A The basic fee schedule for the county clerk is found at T.C.A

11 ADMINISTRATION COUNTY LEGISLATIVE BODY Each county in Tennessee, except those with a metropolitan form of government, has a county legislative body, which is also formally known as the board of county commissioners, or informally known as the county commission. The county legislative body, or board of county commissioners, is composed of not less than nine (9) nor more than twenty-five (25) members. The board reapportions the county into districts from which county commissioners are elected. These districts must be apportioned on the basis of population so that each commissioner represents substantially the same number of people. No more than three commissioners may be elected from the same district. T.C.A The county legislative body replaced the quarterly county court as provided in the Public Acts of 1978, Chapter 934, T.C.A et seq. The county commissioners are vested with all the legislative powers and duties formerly vested in justices of the peace, but possess no judicial powers and are not charged with any judicial functions. Under T.C.A , members of county legislative bodies may solemnize marriages. The following acts once applied to the quarterly court or the county legislative body of Bedford County and are included herein for historical purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Acts of 1813, Chapter 134, Section 2, changed the starting dates for the quarterly county courts of several counties, establishing them for Bedford County as the fourth Monday in January, April, July and October. 2. Acts of 1817, Chapter 138, Section 3, stated that the quarterly county court of Bedford County would begin in the future on the first Monday in January, April, July, and October and the court in Bedford County would stay in session two weeks, or longer, or until the docket was completed. 3. Private Acts of 1820 (2nd Sess.), Chapter 68, recited that some doubt had arisen as to whether or not James Norvell, of Bedford County had been properly commissioned as a Justice of the Peace, and since he had performed many acts of that nature, this could cause quite a lot of harm, if the doubts were true, this act states that the judicial acts done by Norvell during his years as a justice of the peace are hereby ratified and made legal in the same way and to the extent as if he were properly commissioned, and directions are given that a proper commission be issued to him in order to clear up all doubt. 4. Private Acts of 1824 (2nd Sess.), Chapter 136, stated that the quarterly county court in Bedford County would be held on the first Monday in February, May, August, and November, beginning with the first session in October, The sheriff, and all the officers will continue in office until the first Monday in February, as prescribed and all process shall be made to conform thereby. 6

12 5. Private Acts of 1826, Chapter 78, regulates and sets the time for the meetings of the quarterly county court or the courts of pleas and quarter sessions, in several counties, including Bedford, and the counties named would select through the county court three of their number at the January term to hold the quorum courts during the year. 6. Private Acts of 1955, Chapter 331, provided that the justices of the peace in Bedford County be paid $5.00 dollars per day for their attendance upon each session of the quarterly county court, and additionally, a per diem allowance may be set by the quarterly county court to provide compensation for reasonable and necessary expenses incurred in carrying out their duties. 7. Private Acts of , Chapter 82, would have amended Private Acts of 1955, Chapter 331, published herein, by increasing the per diem pay of justices of the peace from $5.00 to $25.00 per day for each days attendance at the quarterly county court but this act was not acted on by local authorities and therefore never became a law. 7

13 ADMINISTRATION COUNTY MAYOR All counties in Tennessee, except those with a metropolitan form of government, must have an elected county executive who is formally entitled county mayor unless entitled county executive by private act. T.C.A The county mayor serves a four year term. The county mayor is the chief executive officer of the county and has all of the powers and duties formerly exercised by the county judge except judicial powers. The county mayor serves as a nonvoting, ex officio member of the county legislative body, and the county mayor or a representative of the county mayor serves as a nonvoting member of all committees of the legislative body. T.C.A The county legislative body may elect the county mayor as its chairman. However, the county mayor may refuse to serve as chairman. T.C.A If the county mayor is not elected chairman, then the county mayor may veto legislative resolutions of the county legislative body. T.C.A Except as otherwise provided by law, the county mayor appoints members of county boards and commissions and county department heads. Such appointees are subject to confirmation by the county legislative body. T.C.A (c). It is important to recognize that most boards and department heads are provided for by general law or private act, and this residual appointive power of the county mayor may not be applicable. The county mayor is authorized to employ one or more clerical assistants as may be necessary for the performance of his or her official duties. The county mayor sets the compensation for these clerical assistants within the amount appropriated for this purpose by the county legislative body. T.C.A The following acts once applied to the office of county judge in Bedford County and are summarized herein for historical purposes. The office of county judge was abolished following the 1978 amendments to the Tennessee Constitution and the implementing legislation, Public Acts of 1978, Chapter Private Acts of 1927, Chapter 432, established the office of county judge in Bedford County with a term of six years, except for the judge elected in August 1927 who held office until the first Monday in January The county judge was required to be thirty years old and a resident of Bedford County for two years and the State of Tennessee for five years preceding election. The county judge served as chairman of the quarterly county court composed of the justices of the peace and as judge of the monthly county court with jurisdiction over administrators, executors, guardians, wards, trustees, wills, dower, partition, and all matters testamentary. The county judge was made judge of the juvenile court. The county judge was also granted control over the county roads Additionally, the county judge served as the accounting officer of the county and had authority to draw warrants upon the county treasury. The annual compensation was set at $1,800. 8

14 2. Private Acts of 1937, Chapter 393, authorized the county judge of Bedford County to grant fiats for writs of injunction, attachment, replevin, certiorari and supersedeas, habeas corpus and all other writs to the same extent that chancellors and circuit judges were authorized. The county judge was granted concurrent jurisdiction with the chancery and circuit courts to try all suits to encroach or entrench upon the corpus of estates of minors or other persons under disability, where the amount involved is $1,000 or less. 3. Private Acts of 1947, Chapter 725, amended Private Acts of 1927, Chapter 432, to provide additional annual compensation of $1,200 for the county judge for services as fiscal agent of the county. Beginning, September 1, 1950, the total annual compensation of the county judge became $3,000 and no extra compensation was to be paid for services as fiscal agent. 4. Private Acts of 1953, Chapter 422, amended Private Acts of 1947, Chapter 725, to remove the prohibition against extra compensation for the county judge s service as fiscal agent of the county. 5. Private Acts of 1980, Chapter 241, amended Private Acts of 1927, Chapter 432, to remove the county judge as judge of the juvenile court if a vacancy occurs in the office of county judge, or by September 1, 1982, whichever is earlier. Juvenile jurisdiction is transferred to the general sessions court. 9

15 ADMINISTRATION COUNTY REGISTER RECORDATION OF DEEDS PRIVATE ACTS OF 1947 CHAPTER 576 SECTION 1. That the County Register of the County of Bedford, State of Tennessee, shall not record any deed conveying real estate in said County unless same bears the stamp of the Tax Assessor of said County, certifying that said Tax Assessor has copied the names of the vendor and vendee in said deed of conveyance for the purpose of making proper corrections on his roll of assessments. SECTION 2. That it shall be the duty of the Tax Assessor of Bedford County to be present in person, or to have a deputy present, at his office in the Courthouse during office hours. It shall be the further duty of the Tax Assessor to stamp or to cause to be stamped all deeds presented at his office, with a stamp showing that he has copied the name of the vendor and vendee in said deed of conveyance for the purpose of making proper corrections on his roll of assessments. It shall be the duty of the Tax Assessor to correct his tax rolls in all such cases so that the tax rolls of Bedford County will be kept up to date and will show the correct owners of real estate to the end that property may be assessed in the name of the true owners thereof. Failure of the Tax Assessor of Bedford County to comply with the provisions of this Act shall constitute misconduct in office and subject him to removal from office under Sections 1877 et seq. of the Code of Tennessee. SECTION 3. That this Act take effect from and after its passage, the public welfare requiring it. Passed: February 28,

16 ADMINISTRATION COUNTY REGISTER The office of county register is a constitutional office, established by article VII, section 1 of the Constitution of Tennessee, and is regulated by the general statutes found in Tennessee Code Annotated, title 8, chapter 13; title 10, chapter 7 (public records); title 47, chapter 9 (U.C.C. Secured Transactions); and title 66 (real property and registration of instruments). The salary of the county register is determined in accordance with T.C.A The principal duty of the county register is the registration of instruments which the law requires to be, or allows to be, filed or recorded. These instruments include, but are not limited to: deeds of conveyance of real estate, powers of attorney, deeds of trust, mortgages, liens, land sale contracts, plats, leases, military discharges, and papers under the Uniform Commercial Code. The purposes of such registrations are also varied. The records of the register's office provide a public record of real property ownership, liens and various other transactions that affect the public interest. The basic fee schedule for the register is found at T.C.A

17 ADMINISTRATION COUNTY TRUSTEE The county trustee is one of the county officers established by article VII, section 1 of the Constitution of Tennessee. The office is regulated by title 8, chapter 11 of Tennessee Code Annotated. Duties of the county trustee regarding the collection of property taxes are codified in Tennessee Code Annotated, title 67, chapter 5. The county trustee is elected by the qualified voters of the county to serve a four year term. T.C.A Upon election the trustee must take the required oath of office and enter into a surety bond. T.C.A For other statutes pertaining to the many duties of the trustee as a fiscal officer, see volume 14 of the combined general index of T.C.A. under "County Trustee". The salary of the county trustee is determined in accordance with T.C.A The following act once affected the office of county trustee in Bedford County, but is no longer operative. 1. Private Acts of 1915, Chapter 199, provided that the bond to be made by the county trustee of Bedford County using the 1910 Federal Census figures, would be $20,000 for the state taxes and bond for the county tax would be $30,000. No other or further bonds would be required of this official. 12

18 ADMINISTRATION FEES PRIVATE ACTS OF 1947 CHAPTER 816 SECTION 1. That all fees collected or received by the County Trustee, County Court Clerk, Clerk and Master, Circuit Court Clerk, and County Register in Bedford County, Tennessee, shall be paid into the General Fund of said County monthly, and a warrant shall be issued monthly to said public officials against said fund for the payment of the compensation of said officials as now authorized by law. No fees in excess of the salary as now authorized shall be paid said public officials before the payment of the same has been approved by the Quarterly County Court. Unless said approval is obtained by the Quarterly County Court all fees in excess of the salary of the officials mentioned herein shall remain in the General Fund of said County. SECTION 2. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: March 13,

19 ADMINISTRATION PUBLIC SERVICE COMMISSION PRIVATE ACTS OF CHAPTER 247 SECTION 1. The Quarterly County Court of any county of this State having a population of not less than 23,125 nor more than 23,175 according to the United States Census of Population of 1960, or any subsequent U. S. Census of Population, is authorized to provide essential public services as defined in this Act and in the manner herein provided. SECTION 2. The term "essential public service" as used in this Act means the making available or supplying by anyone, with or without consideration, any labor or facilities or commodities or combinations thereof to all or to any substantial portion or class of the residents of the community which service fosters the health, well-being, happiness, progress or peace of persons in the community and includes but is not limited to (a) ambulance service, (b) cemeteries, (c) funeral parlors and embalming services, (d) nursing homes, (e) recreation facilities, (f) transportation services, (g) family counseling service, (h) services for the mentally retarded and the mentally ill, (i) fire protection, (j) trash and garbage disposal, and (k) job placement SECTION 3. For the purposes of carrying into force the provisions of this Act, the Quarterly County Court of any county to which this Act may apply is authorized to establish a County Public Service Commission composed of five (5) members. The County Judge shall be Chairman of the Commission and the other four (4) members shall be members of the County Court, elected by the Court. 14

20 Each Commissioner shall hold office for three (3) years from the time of his election. Each Commissioner shall serve without compensation but shall receive such expense allowance as the County Court may from time to time authorize by resolution. SECTION 4. The commission shall be established by resolution of the Quarterly County Court at such time as the court finds that there is a need for the Commission. SECTION 5. When established, the Commission shall meet in regular meeting on the dates set by the resolution creating the Commission and at such other times as it may by resolution provide. Called meetings may be held upon three (3) days written notice issued by the Chairman of the Commission or by any three (3) Commissioners for such purposes as are set out in the call. The Commission by by-laws, approved by the County Court, shall establish its own rules of procedure. SECTION 6. It shall be the duty of the Commission to keep abreast of the availability, non-availability, and adequacy of the public services available to the citizens and residents of the county which it considers necessary for their health and welfare and it shall, upon the request of the Quarterly County court or upon its own motion report to the Quarterly County Court concerning the availability, quality and status of said services in the county and its recommendations regarding the services. SECTION 7. The County Public Service Commission with the approval of the Quarterly County Court is authorized, either singly or with either one or more municipalities within the County or in conjunction with any governmental authority, public agency or private agency, corporation or person to do the following: (a) To operate and maintain any public service project for public purposes or for the benefit and use of its inhabitants, with or without a charge or profit. (b) To construct any public service project. (c) To accept from any Federal or State Agency grants for or in aid of the construction of any public service project. (d) To contract debts for the construction of any public service project, to borrow money, and to issue its bonds to finance such construction, and to provide for the rights of the holders of the bonds and to secure the bonds as hereinafter provided. (e) To acquire by purchase, gift, lease or other contract, real or personal property, tangible or intangible or any right or interest in any property, and to hold and dispose of any such property or interest in any such property, in connection with any public service project. (f) To make contracts and execute instruments containing such terms, provisions and conditions as in the discretion of the commissioners may be necessary, proper or advisable for the purpose of carrying out any public service project provided by this Act; to make all other contracts 15

21 and execute all other instruments necessary, proper or advisable in or for the furtherance of any public service project; and to carry out and perform the terms and conditions of all such contracts or instruments. (g) Subscribe to and comply with any federal aid act and any rules and regulations made by any Federal or State Agency or private foundation with regard to any grants or loans, or both, from any Federal or State Agency, or private foundation. (h) To perform any acts authorized under this Act through, or by means of its own officers, agents and employees or by contract with private corporations, firms or individuals. (i) To subsidize or assist, upon terms, conditions and standard requirements set by the Commission, any person, agency, or other legal entity, whether public or private, providing public services or proposing to provide public services. Such assistance or subsidy shall include but not be limited to providing necessary financing, equipment, tools, vehicles, or other real or personal property needed to raise the standards of such services to the level the Commission considers desirable to assure adequate services to the residents of the county. (j) To exercise, for the purpose of obtaining a grant loan or other financial assistance from any Federal or State Agency pursuant to or by virtue of any Federal Aid Act, any power conferred by this Act independently or in conjunction with any other power or powers conferred by this Act or heretofore or hereafter conferred by any other law. (k) To do all acts and things necessary or convenient to carry out the powers expressly given in this Act. (l) To cooperate with and receive grants from the State or other Agency operating under the authority of the State, having funds available for cooperation in constructing, acquiring, improving, extending, operating and maintaining any public service project or projects. SECTION 8. Upon the approval by the County Court of any public service project proposed by the Commission, the Quarterly County Court shall have the power for such purposes to levy a property tax, to appropriate from the general fund, or otherwise provide funds for the public service project or projects in lieu of or as a supplement to revenue derived from or to be derived from the public service project or projects, and for the operation and conduct of the Public Service Commission. The Commission shall make such reports to the Quarterly County Court in such detail and at such times as the Court may direct. SECTION 9. If any provision of this Act or the application thereof, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. SECTION 10. This Act shall have no effect unless it is approved by a two-thirds (b) vote of the Quarterly County Court of any county to which it may apply at or before the next regular meeting of the Court occurring more than thirty (30) days after its approval by the Governor. Its approval or non-approval shall be proclaimed by the presiding officer of the Court and certified by him to the Secretary of State. 16

22 it. SECTION 11. This Act shall take effect upon becoming a law, the public welfare requiring Passed: May 18,

23 ADMINISTRATION PURCHASING PRIVATE ACTS OF1945 CHAPTER 357 SECTION 1. That in all counties within this State, having a population of not less than 23,145 and not more than 23,160, according to the Federal Census of 1940 or any subsequent Federal Census, the County Judge or Chairman of such counties is hereby designated as the County Purchasing Agent, whose duty it shall be to purchase any and all supplies and equipment for the use of county officials, employees or departments and to enter into contracts for the purchase of the same and who shall be charged with the full responsibility of carrying out all of the provisions of this Act, and who shall have sole power and authority to contract for and purchase materials, supplies and equipment of every kind whatsoever, including insurance, for the use of all officials, agents, servants, departments, or agency of, supported by or under the control of the county government or for which the county may be chargeable. The said County Purchasing Agent shall likewise have the sole power and authority to arrange for the purchase or rental of any and all real estate, machinery, or other equipment where said purchases or rentals are to be paid out of any funds belonging to the County or any department or agency thereof. SECTION 2. Be it further enacted, That all purchases or contracts for the purchase of supplies, equipment or material for the use of any official, employee or department or agency of the county government, the estimated value of which shall exceed five thousand dollars ($5,000) shall, except in emergencies or instances as hereinafter provided, be made by the County Purchasing Agent only after he shall have received at least three written competitive bids for such purchases or contracts for purchase of such supplies, equipment or materials and such purchases or contracts for purchases shall be made only in accordance with the lowest and best bids or bidders. For purchases or contracts with an estimated value between two thousand five hundred dollars ($2,500) and five thousand dollars ($5,000), the County Purchasing Agent shall receive three written quotes. Any purchase below two thousand five hundred dollars ($2,500) shall require the customary purchase order. Said County Purchasing Agent may reserve the right to reject any and all bids, either in whole or in part, when he shall deem advisable to so reject the same, and when two or more bids are submitted at the same price and for the same character, kind and quality of supplies, equipment or materials, he may in his discretion award the contract to either of such bidders or may apportion the requirements between or among the respective bidders. Whenever in the opinion of said County Purchasing Agent or any official or agency of the county needing such supplies, equipment, or materials, an emergency requires the immediate purchase, the Purchasing Agent may purchase or contract to purchase such supplies, equipment or materials without the necessity of competitive bids, and said Purchasing Agent may likewise dispense with competitive bids in all instances where he is unable to obtain competitive bids, but in such instances the said Purchasing Agent shall certify to the County Court of such counties that 18

24 an emergency existed that required the waiving of competitive bids or that he was unable to obtain the necessary competitive bids for the supplies, equipment or materials so purchased. As amended by: Private Acts of 1972, Chapter 358, Private Acts of 1980, Chapter 192, Private Acts of 1993, Chapter 8, Private Acts of 2001, Chapter 14. SECTION 3. That the Purchasing Agent shall keep a complete record of all purchases or contracts, with copies of the original bids submitted in writing, the names of the bidders together with the amounts of their respective bids, which records shall at all times be open to inspection by any interested party. SECTION 4. That neither the County Purchasing Agent nor any agent, assistant or employee of the county shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in the purchase of any supplies, materials or equipment for the county, nor in any firm, partnership, association or individual furnishing any such supplies, equipment or materials; nor shall the County Purchasing Agent or any assistant, agent or employee accept or receive, directly or indirectly, from any person, firm, corporation or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other thing of value or contract for future reward or compensation. The said County Purchasing Agent may require security to accompany bids and fix the amount thereof; may govern the procedure for the delivery and storage of supplies, equipment or materials; may govern the method of requisition by any county official, agency or department of the county, and shall have the authority to regulate the distribution of articles, parts, supplies, equipment or materials among the county officials or departments; may prescribe the forms for estimates, requisition, orders, contracts and security; may establish definite or regular periods for submitting estimates or requisitions; may dispose of or trade in obsolete, excess or unsuitable supplies, equipment or materials, and salvage or transfer them to other agencies or departments of the county; may provide hearing for complaints with regard to the quality, grade or brand of supplies, equipment or materials; and may do and perform all other acts and things necessary or requisite to fully comply with the provisions of this Act. SECTION 5. That the provisions of this Act shall not apply to the purchase or contracts for purchase of any supplies, equipment or materials that are deemed and sold as Surplus War Commodities, offered for sale or sold by the United States Government. SECTION 6. That the supplies, equipment or materials required by the County Board of Education in such counties are expressly excluded from the provisions of this Act and the purchase or contracts for the purchase of all such supplies, equipment or materials shall be made under such rules, regulations and requirements as the said County Board of Education may from time to time determine and under its exclusive supervision and control. SECTION 6-A. That the provisions of this Act shall not apply to the County Highway Commission of this County. As amended by: Private Acts of 1947, Chapter

25 SECTION 7. That any official named in this Act or any other official, agent, servant or employee of the county who shall fail or refuse to comply with the provisions of this Act or to perform the duties required of him by this Act, shall be guilty of a misdemeanor, punishable by a fine of not more than Fifty ($50.00) Dollars and be subject to removal from office. SECTION 8. That the provisions of this Act shall be deemed severable and if any portion of this Act shall be declared void or invalid, the remaining portion shall not be affected thereby. SECTION 9. That all Acts or parts of Acts in conflict with the provisions of this Act be and the same are hereby repealed. SECTION 10. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: February 22,

26 ADMINISTRATION PURCHASING The laws regarding purchasing for county governments are not uniform and several options exist. The county education department has its own purchasing law (T.C.A (A)(4)), but this law is superseded in those counties that adopt the statutes of the optional County Financial Management System of T.C.A et seq. Further, in counties that have adopted the County Purchasing Law of 1957, another optional general law, the county board of education may or may not use the central county purchasing system depending upon the approval of the state commissioner of education. T.C.A The County Uniform Highway Law, at T.C.A , provides a purchasing law for the county highway department when purchasing for the department is not governed by private act or when the county has not adopted either the County Purchasing Law of 1957 or the County Financial Management System of Nevertheless, even where private acts generally govern the purchases of the county highway department, purchases of less than $10,000 do not have to be publicly advertised and competitively bid. The purchasing provisions of the County Uniform Highway Law do not apply to Shelby, Davidson, Knox, and Hamilton counties. Purchases from the general fund are governed by the County Purchasing Law of 1983, T.C.A et seq., unless the county operates under a county or metropolitan government charter, or has adopted the County Financial Management System of 1981 or the County Purchasing Law of Also, this general law does not apply to counties with private acts if the private act provides for public advertising and competitive bidding for purchases over $10,000 or a lesser amount. The County Purchasing Law of 1957, found in T.C.A through , may be adopted by the voters in a referendum or by a two-thirds (2/3) vote of the county legislative body. This act is one of the three companion Fiscal Control Acts of Under this act the county executive appoints a purchasing agent subject to the approval of the county legislative body. T.C.A The purchasing agent must be qualified by training and experience to perform the required duties. T.C.A The person appointed as purchasing agent must have a corporate surety bond of not less than $10,000 nor more than $25,000. The salary is not to be in excess of other county officials as prescribed in T.C.A and T.C.A (b). The director of accounts and budgets also serves as the purchasing agent in some counties. The primary duties of the purchasing agent are to: (1) purchase all supplies, materials, equipment and contractual services, (2) arrange for rental of all machinery, buildings and equipment, (3) transfer materials, supplies and equipment between county departments, and (4) supervise the central storeroom. T.C.A et seq. The County Financial Management System of 1981 is found in T.C.A through This law provides for the consolidation and establishment of a financial management system for all county funds operated through the county trustee, including purchasing. The system is similar in scope to the 1957 acts; however, under this act the county operates under one act rather than three. This system must be approved by a two-thirds (2/3) vote of the county legislative body or a majority of the voters in order to be effective in any county. T.C.A

27 Under the County Financial Management System of 1981, a finance department is created to administer the finances of the county and all funds handled by the county trustee, in conformity with generally accepted principles of governmental accounting and rules and regulations established by the state comptroller of the treasury and state commissioner of education. T.C.A Unlike the 1957 laws, school funds are managed under this system just like all other county funds. The commissioner of education may remove the school department from the system if records are not maintained properly and timely. T.C.A The County Purchasing Law of 1983, T.C.A et seq., applies to purchases by authorized officials using county funds, except that it does not apply to purchases from county highway funds, county education funds, or purchases by counties that have adopted the County Purchasing Law of 1957 or the County Financial Management System of Neither does this act apply in counties operating under a county or metropolitan government charter. Furthermore, the act does not apply to counties with private acts if the private act provides for public advertising and competitive bidding for purchases in excess of $10,000 or a lesser amount as established by the private act. Tennessee Code Annotated requires that all purchases and leases or lease-purchase agreements made under the County Purchasing Law of 1983 shall be made or entered into only after public advertisement and competitive bidding, except for (1) purchases costing less than $10,000, (2) goods or services which may not be procured by competitive means because of the existence of a single source or because of a proprietary product, (3) supplies, materials or equipment needed in an emergency situation, subject to reporting requirements of the county legislative body and the county executive, (4) leases or lease-purchase agreements requiring payments of less than $10,000 per year, and (5) fuel and fuel products purchased in the open market by governmental bodies. County legislative bodies may lower the dollar amount required in this act and may also adopt regulations providing procedures for implementing this act. Counties with populations over 150,000 are authorized to make purchases under $10,000 without competitive bids or proposals, but these counties may retain their present competitive bidding requirements or establish different limits by private act or charter provision. T.C.A County governments may use pricing discounts obtained by the National Association of Counties (NACo) Purchasing Alliance by considering the NACo price in the same manner as a formal bid or informal quotation under the county s bidding laws. T.C.A The Tennessee Department of General Services (TDGS) may upon request, purchase supplies and equipment for any county. Counties, without public advertisement and competitive bidding, may purchase under the provisions of contracts or price agreements entered into by TDGS. Also, county governments may purchase goods, except motor vehicles, under federal General Services Administration (GSA) contracts, to the extent permitted by federal law or regulations. T.C.A Counties are authorized to distribute and receive bids, proposals and other offers electronically, but are prohibited from requiring small or minority owned businesses to receive or respond electronically. T.C.A

28 ADMINISTRATION UTILITY DISTRICT PRIVATE ACTS OF 1998 CHAPTER 129 SECTION 1. (a) For the purpose of providing funds to construct and operate a waste water treatment plant and water and sewage lines to service residential and commercial development in northern Bedford County, including the new State Fire Code Enforcement School, the Bedford County Utility District of Bedford County, Tennessee, in addition to the powers otherwise granted by law, shall have the power and is hereby authorized in accordance with Tennessee Code Annotated, Section et seq., to issue revenue bonds and bond anticipation notes in the maximum principal amount outstanding at any time of not more than two million seven hundred thousand dollars ($2,700,000) to be payable from the revenues generated by the operation of such facility. The proceeds of such bonds and notes shall be applied by the utility district as it deems necessary, to provide sufficient funds to carry out the purposes of this act, to provide for the payment of interest on the bonds and notes for a reasonable time after issuance, to establish reserves to secure bonds and notes, and to provide for the payment of costs of issuance of such bond and notes. The utility district shall proceed with preparation of the necessary documents pertaining to the issuance and sale of such debt. In connection with the issuance of debt, the State Funding Board shall be empowered to secure professionals such as bond counsel, underwriter, and trustee. The bonds and notes shall be in one (1) or more series, shall bear such date or dates, and shall mature at such time or times not exceeding forty (40) years from the date of issue of such original note. Resolutions authorizing such bonds and notes shall specify interest rates; denominations; registration, if required; terms of registration, if appropriate; manner of execution; medium and place for payment; terms of redemption, if authorized; and such other terms and provisions as determined to be deemed necessary and appropriate. The utility district shall sell the debt at either public or private sale, at such price as it determines. (b) The utility district shall have power, and is hereby authorized in accordance with Tennessee Code Annotated, Section et seq., to issue from time to time renewal notes, and bonds to pay notes issued in anticipation of such bonds, and whenever it deems refunding expedient, to refund any bonds by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other authorized purpose. Such refunding bonds and renewal notes may be issued without further authorization. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded. (c) No person executing the bonds or notes of the utility district shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. (d) Any pledge by the utility district made pursuant to this act shall be valid and binding from the time when the pledge is made, the moneys or property so pledged and subsequently received by 23