PRIVATE ACTS OF TROUSDALE COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF TROUSDALE COUNTY, TENNESSEE REVISED EDITION COUNTY TECHNICAL ASSISTANCE SERVICE THE UNIVERSITY OF TENNESSEE INSTITUTE FOR PUBLIC SERVICE NASHVILLE, TENNESSEE Original Compilation By William C. McIntyre, Legal Specialist Revised and Edited By John Joseph King, Legal Specialist February, 1985 Updated By Elaine Turner January, 1997

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3 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 Trousdale County will provide a useful reference for county administration in Trousdale County. We are indebted to the Trousdale County legislative delegation for its continued support of the County Technical Assistance Service and this compilation. i

4 HOW TO USE THE PRIVATE ACTS OF TROUSDALE 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), 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 1996 Session of the Tennessee General Assembly. ii

5 TABLE OF CONTENTS PREFACE... i HOW TO USE THE PRIVATE ACTS OF TROUSDALE COUNTY...ii CHAPTER I - ADMINISTRATION...1 BUDGET SYSTEM...2 COUNTY ATTORNEY...3 COUNTY CLERK...4 COUNTY EXECUTIVE...6 COUNTY LEGISLATIVE BODY...9 COUNTY REGISTER...12 COUNTY TRUSTEE...13 PURCHASING...14 GENERAL REFERENCE...16 CHAPTER II - ANIMALS AND FISH...17 MINNOWS...18 ROUGH FISH...19 CHAPTER III - BOND ISSUES...25 BRIDGE...26 DEBTS...26 MEMORIAL...26 ROADS...27 CHAPTER IV - BOUNDARIES...29 CREATION OF THE COUNTY...30 CHAPTER V - COURT SYSTEM...41 BOARD OF JURY COMMISSIONERS - JURORS...42 CHANCERY COURT...43 CLERK AND MASTER...45 CIRCUIT COURT...47 CIRCUIT COURT CLERK...50 CRIMINAL COURT...51 DISTRICT ATTORNEY GENERAL...52 ASSISTANTS AND CRIMINAL INVESTIGATORS...52 GENERAL SESSIONS COURT...53 JUVENILE COURT...61 SECRETARIAL ASSISTANCE...62 iii

6 CHAPTER VI - EDUCATION/SCHOOLS...63 BOARD OF EDUCATION...64 RETIREMENT PAY...68 SUPERINTENDENT...69 GENERAL REFERENCE...71 CHAPTER VII - ELECTIONS...73 DISTRICTS AND REAPPORTIONMENT...74 CHAPTER VIII - HEALTH...79 CHAPTER HIGHWAY AND ROADS...81 MEMORIAL BRIDGE...82 ROAD LAW...83 CHAPTER X - LAW ENFORCEMENT...95 JAILS AND PRISONERS...96 MILITIA...97 OFFENSES...98 SHERIFF...99 CHAPTER XI - TAXATION ASSESSOR OF PROPERTY PARALLEL REFERENCE TABLE iv

7 CHAPTER I - ADMINISTRATION 1

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. 2

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 executive 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. 3

10 ADMINISTRATION COUNTY CLERK PRIVATE ACTS OF 1995 CHAPTER 19 SECTION 1. Prior to the issuance of any new business license, the County Clerk of Trousdale County shall require evidence that the location of the applicant's business is in compliance with county zoning ordinances. The county clerk may accept a statement of compliance signed by a planning or zoning officer of the county or municipality, that the location of the applicant's business is in conformity with the county or municipality, respectively. The county clerk shall verify the physical location of any applicant for a business license having a postal service box address. In any actions relative to the enforcement of provisions of a zoning ordinance by an enforcement officer, the issuance of such business license by the county clerk shall not be construed as evidence of compliance with zoning requirements in such actions. SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Trousdale County. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body of Trousdale County and certified to the Secretary of State. SECTION 3. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 2. Passed: March 9,

11 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 by T.C.A The basic fee schedule for the county clerk is found at T.C.A

12 ADMINISTRATION COUNTY EXECUTIVE PRIVATE ACTS OF 1995 CHAPTER 27 SECTION 1. The county legislative body of Trousdale County is authorized by resolution to designate the chairman pro tempore of the county commission to carry out the necessary duties of the county executive if the county executive of Trousdale County is chairman of the county commission and is absent or intends to be absent, or is temporarily unable to perform the regular necessary duties of such office for any period of less than twenty-one (21) days. If the county executive is not the chairman of the county commission, then such legislative body may designate the chairman of the county commission to carry out such duties of the county executive during such period. The county executive of Trousdale County shall by letter filed with the county clerk designate the periods of less than twenty-one (21) days that he or she intends to be absent or will be temporarily unable to perform the regular necessary duties of such office, if known in advance, and such chairman pro tempore or chairman, as appropriate, shall perform such duties. "Regular necessary duties" means such duties of the county executive which are routinely required to be performed for the day-to-day operation of the county. SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Trousdale County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body and certified to the Secretary of State. SECTION 3. For the purposes of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 2. Passed: March 27,

13 ADMINISTRATION COUNTY EXECUTIVE All counties in Tennessee, except those with a metropolitan form of government, must have an elected county executive who serves under that title or another appropriate name designated by private act. T.C.A The county executive serves a four year term. The county executive 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 executive serves as a nonvoting, ex officio member of the county legislative body, and the county executive or a representative of the county executive serves as a nonvoting member of all committees of the legislative body. T.C.A The county legislative body may elect the county executive as its chairman. However, the county executive may refuse to serve as chairman. T.C.A If the county executive is not elected chairman, then the county executive may veto legislative resolutions of the county legislative body. T.C.A Except as otherwise provided by law, the county executive 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 executive may not be applicable. The county executive is authorized to employ stenographic and clerical assistants needed in the performance of his or her duties. T.C.A The county legislative body is authorized to fix the salaries of these assistants. These salaries are paid out of the county general fund. T.C.A The references below are of acts which once applied to the office of county judge, or county executive in Trousdale County. They are included herein for historical purposes only. 1. Private Acts of 1947, Chapter 462, Page 1824, established the office of County Judge in Trousdale County and abolished the office of Chairman of the County Court of Trousdale County. The County Judge was popularly elected for a term of eight years. The act provided for the County Judge to perform the duties formerly exercised by the Chairman and he was empowered to break tie votes of the Quarterly County Court. This act was superseded by Chapter 934 of the Public Acts of 1978 which created the office of County Executive and abolished the office of County Judge, transferring administrative duties to the County Executive and judicial duties to other courts. 2. Private Acts of 1955, Chapter 104, Page 291, would have repealed Private Acts of 1947, Chapter 462, which created the office of County Judge effective on September 1, However, this Act was rejected in a referendum election by the people of Trousdale County and was therefore rendered null and void. 7

14 3. Private Acts of 1974, Chapter 255, Page 326, would have amended Private Acts of 1947, Chapter 462, by increasing the annual salary of the County Judge from $1,500 to $6,600, but this Act was not approved by the Quarterly Court and never became effective. 4. Private Acts of 1974, Chapter 368, Page 777, would have amended Private Acts of 1947, Chapter 462, by transferring effective September 1, 1974, every judicial function, authority and responsibility of the County Judge as a juvenile and probate court to the Judge of the General Sessions Court. The salary of the County Judge would not be diminished by the transfer of his judicial authority. This Act was not approved by the local authorities and never took effect. 8

15 ADMINISTRATION COUNTY LEGISLATIVE BODY PRIVATE ACTS OF 1959 CHAPTER 248 SECTION 1. That the various Justices of the Peace of Trousdale County, Tennessee, shall receive the sum of $15.00 per diem for each day's attendance as a member of the Quarterly County Court of Trousdale County for their attendance at each regular or special session of said Court. In addition thereto each Justices of the Peace shall receive the sum of Ten cents (10 ) for each mile necessarily travelled in attending each regular or special session of the Quarterly County Court. As amended by: Private Acts of 1971, Chapter 18, Page 57. SECTION 2. That the provisions of this Act shall become effective on September 1, 1960, provided the same shall be approved by a majority of the voters voting in a special election to be held for such purpose. Within sixty (60) days after the approval of this Act by the Governor, it shall be the duty of the Trousdale County Board of Election Commissioners to call a special election to be held in said County and said election shall be held not less than thirty (30) nor more than sixty (60) days from the date of such call for the purpose of approving or rejecting the provisions of this Act. The ballots used in such election shall have printed thereon the provisions of this Act and the voters shall vote for or against its adoption. The vote cast at such election shall be canvassed by the County Board of Election Commissioners on the first Monday occurring five (5) or more days after the date of such election and the results thereof shall be proclaimed by such election commission and certified to the Secretary of State, at Nashville. The qualification of the voters voting in said election shall be the same as now required of voters casting their ballot for members of the General Assembly and all laws applicable to general elections shall apply to the election to be held hereunder, the public welfare requiring it. Passed: March 11, COMPILER'S NOTE: This Act is published as the most recent authority for mileage payments in Trousdale County. The per diem compensation of the County Legislative Body is now regulated by T.C.A

16 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 Trousdale County and are included herein for historical purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1919, Chapter 242, Page 600, fixed the per diem of the Justices of the Peace in Trousdale County at $3 per day for each day he attends any regular, or special, session of the Quarterly County Court. The Act also specified that the Justices would be paid all the mileage, ferriage and toll fees as were then provided under the general law. 2. Private Acts of 1923, Chapter 596, Page 2223, set the per diem payments to Justices of the Peace in Trousdale County at $2 per day for each day of attendance at meetings of the Quarterly Court plus such mileage as the Quarterly Court may allow. 3. Private Acts of 1929, Chapter 664, Page 1940, stated that after September 30, 1930, the Chairman of the County Court of Trousdale County would be elected by the members of the County Court instead of by the qualified voters of the county. The election would take place at the same time the county general election was held. 4. Private Acts of 1931, Chapter 315, Page 811, declared that in Trousdale County, the Justices of the Peace shall be entitled to receive as compensation for their services the sum of $4 per day for each day he attends any regular or special session of the Quarterly County Court, plus such mileage, ferriage, and tolls as may be payable under the general law. 5. Private Acts of 1943, Chapter 228, Page 863, stated that hereafter the Quarterly County Court of Trousdale County would meet in regular session on the second Monday in January, April, July and October instead of on the first Monday in the same months. 10

17 6. Private Acts of 1949, Chapter 732, Page 2250, provided that the Quarterly Court of Trousdale County would meet in regular session on the Wednesday after the first Monday in January, April, July and October instead of on the second Mondays in the same month. This Act was repealed by Private Acts of 1963, Chapter 95, Page

18 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 by 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 The following acts once affected the office of county register in Trousdale County, but are no longer operative. 1. Private Acts of 1917, Chapter 538, Page 1665, provided that women over the age of 21 in Trousdale County would be eligible to serve as Deputy Register with all the responsibilities, duties and privileges of the office. 2. Private Acts of 1935, Chapter 321, Page 723, amended Private Acts of 1933, Chapter 444, Page 1041, which set the maximums on the supplementary salaries of the Sheriff, the Clerk and Master, and the Circuit Court Clerk of Trousdale County, by adding the County Register to that list and setting the supplemental salary maximum of the Register at $300 per year, which would be in addition to all the fees of the office. 12

19 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 set by T.C.A

20 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 $5,000 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 $5,000 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 14

21 or a majority of the voters in order to be effective in any county. T.C.A 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 $5,000 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 $5,000, (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 $5,000 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 The following act once affected the purchasing procedures of Trousdale County, but is no longer operative. 1. Private Acts of 1955, Chapter 321, Page 1094, set up a system for purchasing supplies, materials and equipment for Trousdale County. The officer in charge of each office, commission, board or agency would make all purchases in excess of $100 through competitive bidding. The officer would receive no compensation for his duties as purchasing agent. This Act was rejected by the voters in a local referendum and consequently never took effect. 15

22 ADMINISTRATION GENERAL REFERENCE The administration of county government is placed, through a coordination of duties and responsibilities, in various elected or appointed officials, plus various boards, agencies and commissions. For general law on county administration, see Tennessee Code Annotated, title 5 (Counties) and title 8 (Public Officers and Employees). Specific subject headings in the combined general index in volumes 14, 15, and 16 of T.C.A. may be checked for other statutes relating to county administration. These duties are summarized in the County Government Handbook, a CTAS publication. The following private or local acts constitute part of the administrative and political history of Trousdale County but are today no longer operative because they have either been superseded, repealed, or failed to receive local approval. 1. Public Acts of , Chapter 50, Page 58, authorized the counties to impose taxes for county purposes subject to two conditions: (1) That all taxable property shall be taxed according to its value upon the principles established in regard to State taxation, and (2) That the credit of the county shall not be given or loaned to any person, company or association except upon the consent of a majority of the Justices of the Peace and upon approval of three-fourths of the voters in a local election. Trousdale and twenty-five other counties required only the approval of a majority of the voters until Public Acts of 1897, Chapter 124, Page 282, fixed the salaries for several of the county officials according to the population of the county in which the official was serving, provided certain requirements for filing a sworn, itemized statement of the fees collected in the office were observed. All fees would become the property of the county, and in no event shall the salary exceed the amount of the fees paid in. This Act was declared unconstitutional by the courts in Weaver v. Davidson County, 104 Tenn. 315, 59 SW 1105 (1900). 3. Private Acts of 1937, Chapter 442, Page 1452, gave the authority to the Quarterly County Court of Trousdale County to appropriate up to $3,000 in funds to pay innocent purchasers of unpaid county warrants, which were purchased at face value, the amount such purchasers may have paid therefor. 16

23 CHAPTER II - ANIMALS AND FISH 17

24 ANIMALS - FISH MINNOWS PRIVATE ACTS OF 1951 CHAPTER 673 SECTION 1. That it shall be unlawful in Trousdale or Macon Counties for any person to catch from the streams of Trousdale or Macon Counties minnows for the purpose of sale. As amended by: Private Acts of 1957, Chapter 275, Page 821. SECTION 2. That it shall be unlawful in Trousdale or Macon Counties for any person to possess more than one-hundred and fifty (150) minnows. Provided, however, that this Act shall not apply to any boat dock operator, fish hatchery operator or other person who possesses or sells minnows not caught in the streams of Trousdale or Macon Counties. As amended by: Private Acts of 1957, Chapter 275, Page 821. SECTION 3. That violation of this Act shall be a misdemeanor, punishable by a fine not to exceed Twenty-five Dollars ($25.00). SECTION 4. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: March 16,

25 ANIMALS - FISH ROUGH FISH PRIVATE ACTS OF 1959 CHAPTER 187 SECTION 1. That it shall be lawful to gig rough fish in the streams of Trousdale County, Tennessee, and the season in connection with the gigging of said rough fish is hereby declared open. SECTION 2. That "rough fish" as contemplated by this Act, is hereby defined as being the following fish, to wit, carp, buffalo and high fin suckers. SECTION 3. That the gigging of rough fish, as authorized under the provisions of this Act, shall only be allowed by any person except when said person shall be wading in the stream or gigging the said fish from the bank of the stream, it being expressly prohibited to gig any of such "rough fish" from any boat or canoe. In addition thereto, all persons who shall gig fish under the provisions of this Act shall have a valid fishing license issued by the State of Tennessee. SECTION 4. That any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction therefor shall be fined not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00), for the first offense, and upon conviction for more than one offense said person shall be fined the sum of fifty dollars ($50.00). SECTION 5. That the provisions of this Act shall become effective from and after its passage, provided the same shall be approved by a majority of the voters voting in a special election to be held for such purpose. Within sixty days (60) after the approval of this Act by the Governor, it shall be the duty of the Trousdale County Board of Election Commissioners to call a special election to be held in said County and said election shall be held not less than thirty (30) nor more than sixty (60) days from the date of such call for the purpose of approving or rejecting the provisions of this Act. The ballots used in such election shall have printed thereon the provisions of this Act and the voters shall vote for or against its adoption. The vote cast at such election shall be canvassed by the County Board of Election Commissioners on the first Monday occurring five (5) or more days after the date of such election and the results thereof shall be proclaimed by such election commission and certified to the Secretary of State, at Nashville. The qualification of the voters voting in said election shall be the same as now required of voters casting their ballot for members of the General Assembly and all laws applicable to general elections shall apply to the election to be held hereunder, the public welfare requiring it. Passed: March 12,

26 ANIMALS - FISH In Tennessee, the wildlife resources agency has exclusive jurisdiction of the duties and functions formerly held by the game and fish commission or of any other law relating to the management, protection, propagation, and conservation of wildlife, including hunting and fishing. T.C.A The general statutes dealing with wildlife resources are found in title 70 of the Tennessee Code Annotated. Stock laws or fence laws were for many years a source of bitter controversy in Tennessee counties. The general fence law for the state is now contained in T.C.A. title 44, chapter 8. The following is a listing of acts that at one time affected, but no longer appear to have any effect on, hunting, fishing or animal control in Trousdale County. They are included herein for reference purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Public Acts of 1887, Chapter 153, Page 264, exempted Trousdale County from the provisions of the general fish law of the State of Tennessee. This Act was repealed by Private Acts of 1905, Chapter 263, Page Private Acts of 1897, Chapter 296, Page 632, amended Public Acts of 1895, Chapter 127, so as to make it lawful for any resident of Wilson, Cheatham and Trousdale Counties to catch fish for home consumption in any stream in the county of their residence by any means other than the use of poisons or explosives. 3. Public Acts of 1899, Chapter 337, Page 780, stated that anyone in Sumner, Trousdale and Robertson County, who catches, kills, injures or pursues any quail, partridge, grouse or pheasant for a period of five years after the passage of this Act is guilty of a misdemeanor and may be fined up to $25, and/or confined in jail for a period of thirty days, or both. Quail and partridges may be lawfully hunted from November 1 until January 1 with a gun but not on the inclosed lands of another person without first obtaining written permission. The nests and the eggs of the above game birds could not be destroyed or molested. 4. Private Acts of 1905, Chapter 263, Page 565, provided that hereafter fish shall be taken in Trousdale County only by ordinary hook and line, trot line, snatch hooks, double hooks, and by using the hands. Minnows for bait, however, may be caught with a net. Anyone caught taking fish otherwise than by the manner and means specified above would guilty of a misdemeanor and may be subject to fines from $25 to $50. The Grand Jury was given inquisitorial powers concerning this Act and the Judge shall charge its contents to the Grand Jury at each term of Court. 5. Private Acts of 1907, Chapter 115, Page 327, declared it to be unlawful for livestock, such as cattle, horses, mules, hogs, sheep and goats, to be allowed by their owners or custodians to run at large in Trousdale County. Anyone violating the terms of this Act could be fined from $2 to $5 for each offense. A lien was granted to anyone damaged by the trespassing 20

27 stock, which could be enforced against the stock. The animals could be taken up, fed, and cared for and the cost of these actions added to the lien for damages. 6. Private Acts of 1909, Chapter 502, Page 1814, was applicable to seven counties including Trousdale and defined a lawful fence for those counties. The fence could be made up of four strands of barbed or smooth wire, or a combination of the two, must be fastened to substantial posts no more than 16 feet apart, and eight feet at the corners. The first wire must be 12 inches above the ground, the second 12 inches above the first, the third 12 inches above the second, and the fourth 12 inches above the third, making a fence four feet high. The owners of livestock would be liable for damages done by their animals to lands which are enclosed by the type of fence described above. 7. Private Acts of 1911, Chapter 164, Page 436, made it unlawful for livestock, such as cattle, horses, mules, hogs, sheep and goats to be allowed by their owners, or custodians, to run at large in Trousdale County, which, if done negligently or deliberately, could subject them to fines from $2 to $5. Any damage done by the livestock was declared to be a lien on the trespassing stock and the cost of care and feeding them could be added to the cost of the damages. This Act would in no wise change or modify the responsibility of railroads for killing or damaging stock. 8. Private Acts of 1911, Chapter 417, Page 1159, stated that in Trousdale, Macon and Wilson Counties, resident citizens could fish in any stream in the county by trot line, gigging, bait, net or seine, whose mesh shall not be less than one inch. No license, or fee, to do so shall be paid to the State Department of Fish, Game and Forestry. 9. Private Acts of 1915, Chapter 680, Page 2179, made it unlawful to catch fish in any of the streams in Trousdale County by any means other than hook and line or trot line. 10. Private Acts of 1919, Chapter 227, Page 566, made it lawful to catch or kill fish in any of the streams of Trousdale County by any means and in any manner except by poisoning or by dynamiting. 11. Private Acts of 1919, Chapter 272, Page 685, declared it lawful, after the passage of this Act, to catch and kill fish in any of the streams of Trousdale County in any manner except by dynamiting, explosives or poisons. 12. Private Acts of 1921, Chapter 666, Page 2133, placed a $1 fee on every male dog, and a $3 fee on every female dog, in Trousdale County, to be collected by the Trustee, or Tax Assessor. Accurate and proper records will be kept and the Tax Assessor shall turn the money he collects over to the Trustee at least annually. The money shall be kept in a "Rural School Fund." Penalties for non-compliance and the manner for collecting and enforcing them were provided in the Act. Any dog which harms, worries, or kills sheep may be killed under the conditions in the Act. Metal tags for the animals would be issued when payment is made. This Act was repealed by Private Acts of 1923, Chapter 67, Page

28 13. Private Acts of 1921, Chapter 815, Page 2524, expressly exempted Trousdale County from the provisions of Public Acts of 1919, Chapter 61, which was a statewide Act generally regulating the ownership and harboring of dogs. 14. Private Acts of 1929, Chapter 451, Page 1184, made it unlawful in Trousdale and Wilson Counties for any person to catch or kill for sale, any kind of fish less than seven inches long. It was not unlawful to catch fish for sale by means of trammel nets, baskets, dip nets, but not to include seines, and provide further, that meshes in them should not be less than 1¼ inches when used in the Cumberland River. 15. Private Acts of 1931, Chapter 134, Page 328, made it lawful to catch fish in Trousdale County in any stream and by any means and manner except by dynamite and poison. It was also declared lawful to catch or kill any game, skunk, fox, or other fur-bearing animals in open season without the payment for a privilege license to hunt. Squirrels, rabbits, and ground hogs could be lawfully killed at any and all times without a license, and no license would be required for any activities related to these. The open and closed seasons on birds and fur-bearing animals not specifically mentioned in the Act would be as set by the State. This Act was repealed by Private Acts of 1933, Chapter 704, Page Private Acts of 1931, Chapter 137, Page 334, amended Private Acts of 1929, Chapter 451, so as to remove Wilson County from its provisions. 17. Private Acts of 1931, Chapter 655, Page 1786, declared it to be lawful in Trousdale County to take and catch fish by any means other than dynamite or poison. It was further made lawful to catch or kill any game, skunk, fox, or fur-bearing animal in open season without a license and none would be essential for hunting game of any kind. Open and closed seasons would conform to those declared by the State of Tennessee for birds and fur-bearing animals not specifically mentioned in the Act. 18. Private Acts of 1931 (2nd Ex. Sess.), Chapter 106, Page 515, made it lawful for any person to hunt, catch or kill foxes in Trousdale County in any manner from November 15 to the following February Private Acts of 1935, Chapter 322, Page 724, made it lawful for the citizens of Trousdale County to take, kill or capture fish of all kinds under the regulations of this Act without having to pay a fee or to buy a license, but this provision shall apply only to fishing by means of a hook and line, trot line, bank poles, and when using natural bait only. It was also rendered lawful for citizens and their families in Trousdale County to hunt, chase, fish, and to kill wild animals, wild birds, wild fowl, or fish, on their own lands without having to obtain a license. It was further deemed lawful to hunt fur-bearing animals without a license with the written permission of the landowner. 20. Private Acts of 1935, Chapter 711, Page 1889, stated that M. M. Kirby had actual experience in the practice of veterinary medicine and surgery for more than ten years, was over 21 years of age, of good moral character, and he is therefore authorized to continue the practice of the same in Trousdale County, provided he files with the State Board of Veterinary Examiners 22

29 proof of the above facts. The Board will issue him a license upon the filing of the proof and he shall pay the normal cost thereof. 21. Private Acts of 1945, Chapter 292, Page 946, recited that Oscar Carr had actual experience of more than ten years in the practice of veterinary surgery and medicine in Macon County. This Act authorizes Carr to continue the said practice in Trousdale and Macon Counties, as before, if he offers proof to the State Board of Veterinary Examiners and pays the required fees. 22. Private Acts of 1945, Chapter 294, Page 949, recited that R. W. Stubblefield had practiced veterinary medicine and surgery for a number of years, is over 21 years of age, and of good moral character. This Act permits him to continue the said practice in Macon and Trousdale Counties provided he filed proof of the same with the State Board of Veterinary Examiners, who shall issue the license to him for which he shall pay the regular fees. 23. Private Acts of 1955, Chapter 162, Page 508, amended the general game and fish laws of the State by making it lawful in Trousdale County to chase, capture, or kill any kind of wild fox, (2) to take fish by gig and by the use of light, (3) to kill squirrels during the months of June, July, August, September, October, November and December of each year, (4) to catch fish by means of a basket in any lake or stream, and (5) to take fish and turtles in any stream or lake by using one's hands. This Act was not approved in a referendum election and therefore never became effective. 23