PRIVATE ACTS OF MONROE COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF MONROE 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 1997 Updated By Stephen Austin, Legal Consultant 2012

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

3 HOW TO USE THE PRIVATE ACTS OF MONROE 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 2012 Session of the Tennessee General Assembly. iii

4 TABLE OF CONTENTS CHAPTER I - ADMINISTRATION... 1 ADVERTISING MATERIAL... 2 BUDGET SYSTEM... 3 BUILDING PERMITS... 4 COUNTY ATTORNEY... 6 COUNTY CLERK... 8 COUNTY MAYOR COUNTY LAW LIBRARY COUNTY LEGISLATIVE BODY COUNTY REGISTER COUNTY TRUSTEE FORT LOUDON STATE HISTORIC AREA LITTLE TENNESSEE RIVER PORT AUTHORITY PURCHASING COUNTY PURCHASING AGENT GENERAL REFERENCE CHAPTER II - ANIMALS AND FISH FISHING REGULATIONS RED FOXES CHAPTER III - BOND ISSUES BRIDGES DEBTS, OR FUNDING ROADS SCHOOLS CHAPTER IV - BOUNDARIES CREATION OF COUNTY CHAPTER V - COURT SYSTEM BOARD OF JURY COMMISSIONERS - JURORS CHANCERY COURT CLERK AND MASTER CIRCUIT COURT CLERK CRIMINAL COURT DISTRICT ATTORNEY GENERAL ASSISTANTS AND CRIMINAL INVESTIGATORS GENERAL SESSIONS COURT JUVENILE COURT PROBATE COURT SECRETARIAL ASSISTANCE CHAPTER VI - EDUCATION/SCHOOLS BOARD OF EDUCATION SUPERINTENDENT OR DIRECTOR OF SCHOOLS GENERAL REFERENCE CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT CHAPTER VIII - HEALTH iv

5 AMBULANCE SERVICE LANDFILL AREAS CHAPTER IX - HIGHWAYS AND ROADS ROAD LAW CHAPTER X - LAW ENFORCEMENT JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - TAXATION ASSESSOR OF PROPERTY AMUSEMENT TAX BEER TAX HOTEL - MOTEL TAX LITIGATION TAX MOTOR VEHICLE v

6 CHAPTER I - ADMINISTRATION 1

7 ADMINISTRATION ADVERTISING MATERIAL PUBLIC ACTS OF 1983 CHAPTER 353 SECTION 1. It shall be unlawful for any person to place or attach any type of show-card, poster, or advertising material or device, including election campaign literature, on any kind of poles, towers, or fixtures of any public utility company, whether privately or publicly owned or as defined in Tennessee Code Annotated, Section , unless legally authorized to do so. SECTION 2. This Act shall apply to any county having a population of not less than eighty-eight thousand seven hundred (88,700) nor more than eighty-eight thousand eight hundred (88,800), not less than one hundred forty thousand (140,000) and not more than one hundred forty-five thousand (145,000), any county having a population of not less than seventy-four thousand five hundred (74,500) nor more than seventy-four thousand six hundred (74,600) according to the 1980 Federal Census of Population or any subsequent Federal Census, and any county having a metropolitan form of government, which elects to come under its provisions upon approval by a two-thirds (⅔) vote of the county legislative body of any county to which it may apply. Its approval shall be proclaimed by the presiding officer of the county legislative body of such county and certified by him to the Secretary of State. SECTION 3. The provisions of this Act shall also apply to any county having a population of not less than 319,625 and not more than 319,725 according to the 1980 Federal Census or any subsequent Federal Census. of SECTION 4. The provisions of this Act shall also apply in counties having a population not less than nor more than 28,690 28,750 13,600 13,610 43,700 43,800 according to the 1980 Federal Census of Population or any subsequent Federal Census. SECTION 5. requiring it. This Act shall take effect upon becoming a law, the public welfare Passed: May 5,

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 BUILDING PERMITS PRIVATE ACTS OF 1965 CHAPTER 82 SECTION 1. (a) Any person, partnership or corporation who intends to erect, place, install, construct, reconstruct or to have erected, placed, installed, constructed, altered or reconstructed any structure in Monroe County, and any person, partnership or corporation desiring to alter or have altered any existing structure in Monroe County where the value of such alteration is greater than Five Thousand Dollars ($5,000.00) shall apply to the Monroe County Codes Enforcement Officer for a building permit for such erection, placement, installation, construction or reconstruction or alteration. The term structure shall include mobile homes and manufactured housing. (b) The application shall be in a form to be prescribed by the County Codes Enforcement Officer and shall contain the following information: of (1) whether the proposed work is to be new construction or the alteration an existing structure; (2) the location or address of the proposed construction or alteration; (3) the identity of the owner or owners of the premises; (4) the cost of the completed structure, in the case of new construction, or in the case of the alteration of an existing structure, the value of the structure before and after the alterations; and (5) such other information as the County Codes Enforcement Officer may prescribe. (c) Upon proper application duly made and filed, the County Codes Enforcement Officer shall issue a building permit, file a copy in his or her office and cause a copy to be filed in the office of the County Assessor of Property, and the office of Monroe County E-911, so that the fact of such erection, construction, or alteration shall be noted for their records. As amended by: Private Acts of 1969, Chapter 137, Private Acts of 1996, Chapter 172, Private Acts of 2000, Chapter 130, Private Acts of 2004, Chapter 103. SECTION 2. The Monroe County Board of County Commissioners shall have the power and the authority to determine and establish fees to be charged for permits, which fees may be changed or altered as said County Commissioners deem proper and necessary. 4

10 As amended by: Private Acts of 1996, Chapter 172, Private Acts of 2000, Chapter 130. COMPILER S NOTE: Private Acts of 2000, Chapter 130, amended Section 2 by deleting the old section in its entirety and substituting a new Section 2. The language in the new section is identical to the old Section 2. SECTION 3. (a) No municipality, county, cooperative or utility district shall furnish utility services to any property on which a building or other structure is being erected, placed, installed, constructed, reconstructed or altered, or to such building or other structure unless notified by the County Codes Enforcement Officer of Monroe County that the provisions of Section 1(a) have been complied with. This notification shall be in the form of a copy of a building permit provided by the person intending to erect, place, install, construct, reconstruct or alter any building, structure of facility for the value of the alterations is greater than Five Thousand Dollars ($5,000.00) or notification from the County Codes Enforcement Officer that a building permit is not necessary. No municipality, county, cooperative or utility district who furnishes utility services in violation of the statute shall be liable for said violation unless the violation is knowing and intentional. (b) It shall be unlawful to erect, place, install, construct, reconstruct or alter any building, structure or facility where the value of the alteration is greater than Five Thousand Dollars ($5,000.00) without securing such permit and paying the fee prescribed by the Board of County Commissioners under the authority of this act. Any person, firm or corporation violating any such regulations or provisions of this act shall be assessed with a civil penalty of any amount not to exceed One Thousand Dollars ($1,000.00). (c) This permit requirement shall not apply to the erection, placement, installation, construction, reconstruction, or alteration of any structure in a municipality requiring a similar permit if a copy of the municipal permit is filed with the County Codes Enforcement Officer and if a fee of Ten Dollars ($10.00) is paid to cover the cost of registering the permit in the office of the County Codes Enforcement Officer, the Assessor of Property, and the E-911 Office. As amended by: Private Acts of 1969, Chapter 137, Private Acts of 1996, Chapter 172, Private Acts of 2000, Chapter 130, Private Acts of 2004, Chapter 103. SECTION 4. 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, or after its otherwise effective date. Its approval or non-approval shall be proclaimed by the presiding officer of the body having jurisdiction to approve, and shall be certified by him to the Secretary of State. SECTION 5. That this Act shall be effective from and after its passage, the public welfare requiring it, but the provisions thereof shall not become operative until validated as provided in Section 4 herein. Passed: February 25,

11 ADMINISTRATION COUNTY ATTORNEY PRIVATE ACTS OF 1927 CHAPTER 777 SECTION 1. That the office of County Attorney is hereby created in all counties in this State having a population of not less than 22,050 nor more than 22,075, according to the Federal Census of 1920, or any subsequent Federal Census. The term of said office shall be for a period of one year, and the said County Attorney shall be appointed by the County Judge or County Chairman on the first Monday in January, following the passage of this Act, and every year thereafter, on the said first Monday in January. SECTION 2. That it shall be the duty of said County Attorney to look after all litigation involving the said county, or to which the said county may be a party, or in which the said county may be a party, [sic] or in which said party may be interested, and all litigation involving county officers or county officials, in their official or public capacity, and to advise all county officers and officials upon any matters pertinent to the public duties of said officers, and to advise the Quarterly County Court in all pertinent matters. SECTION 3. That the compensation of said County Attorney shall be the sum of Six Hundred ($600.00) Dollars per year, payable quarterly, out of and from county funds, as other county expenses are paid, and in addition to said yearly compensation said county attorney shall be reimbursed for such actual expenses as he may incur in the duties pertaining to his office, or in connection with any litigation in which he may appear as county attorney. As amended by: Private Acts of 1929, Chapter 159. SECTION 4. That this Act take effect from and after its passage, the public welfare requiring it. Passed: April 25,

12 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. 7

13 ADMINISTRATION COUNTY CLERK PRIVATE ACTS OF 1939 CHAPTER 422 SECTION 1. That this Act shall apply to each County in the State having a population of not less than 21,370 nor more than 21, 380 by the Federal Census of 1930 or any other subsequent Federal Census; and that in each such County the County Court Clerk shall be authorized to employ a Deputy or Clerk to assist him in the performance of his duties at compensation of $50.00 per month to be paid on warrant of the County Judge drawn on the general County funds to the Trustee of such Counties. SECTION 2. That this Act take effect from September 1, 1938, so as to reimburse such County Court Clerks for money expended for clerical assistance from that date. SECTION 3. That if any clause, sentence, paragraph, section, or any part or parts of this Act shall be declared to be unconstitutional and void, it shall not affect the remaining part or parts of this Act, it being hereby declared to be the legislative intent to have passed the remainder of this Act, notwithstanding the part so held to be invalid, if any. SECTION 4. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 7,

14 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 The following acts once affected the office of county clerk in Monroe County. They are included herein for historical purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of , Chapter 90, authorized John B. Tipton, clerk of the circuit court, and William S. Blair, clerk of the county court, to build a clerk's office at their own expense, upon such part of the public square at Tellico as was designated to them by the county court. Upon death, resignation, or removal from office for any reason, the clerk was entitled to the same privilege of selling or retaining the building as was given to the clerks of Campbell County. 2. Private Acts of 1921, Chapter 275, amended Public Acts of 1919, Chapter 74, a general law regarding license fees of county court clerks, so as to provide a fee to the county court clerk of Monroe County for recording each and every application made by a person or corporation in the mercantile or other types of business, which required a license to engage in that particular business, according to the laws of the State of Tennessee. The fee of fifty cents was a part of the cost of securing the license. 3. Private Acts of 1927, Chapter 622, gave the county court clerk of Monroe County the sum of $150 as ex-officio fees of his office which amount was appropriated out of the county treasury on the first Monday in September of each year. 9

15 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 references below are of acts which once applied to the office of county judge, or county executive in Monroe County. They are included herein for historical purposes only. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1897, Chapter 179, created and regulated the office of county judge for Monroe County. This act was repealed by Private Acts of 1901, Chapter Private Acts of 1901, Chapter 355, abolished the office of county judge in Monroe County and provided for the chairman of the county court to hold the county courts as the same was stipulated for those counties which had no county judge. This act was repealed by Private Acts of 1917, Chapter Private Acts of 1917, Chapter 222, specifically repealed Private Acts of 1901, Chapter 355, above, and amended Private Acts of 1897, Chapter 179, although it apparently had been repealed by Chapter 355, above. This act provided for a county judge, learned in the law, 25 years, or more, of age, who was elected to a two year term by the vote of the people. The election occurred at the same time other county officials were elected in the general August election of 1918, and every two years thereafter. The judge herein enjoyed all the powers and privileges of other county judges. The post of county chairman was abolished and the county judge assumed and discharged the chairman's duties. The annual salary of the judge was set at 10

16 $800, payable quarterly, and the present chairman of the county court remained in office until his term expired. This act was amended by Private Acts of 1927, Chapter 201, so as to increase the annual salary of the county judge from $800 to $1,200 and by making the salary payable in monthly installments of $100 instead of quarterly as provided under the amended act. 4. Private Acts of 1919, Chapter 417, provided that the Monroe County Judge was to receive $400 annually as compensation for being the financial agent of the county and the accounting officer. 5. Private Acts of 1933, Chapter 94, expressly repealed Private Acts of 1897, Chapter 179, as amended by Private Acts of 1917, Chapter 222, and restored and reestablished the position of county chairman in Monroe County who had and exercised all the rights, duties, powers and jurisdiction of the county judge and the county chairman. This act became effective on September 1, The county court clerk was directed under this act to call the quarterly court into session to select a chairman to serve until January 1, 1935, at which time a chairman was chosen who served for one year. The chairman presided over the county court and was paid as the court directed. 6. Private Acts of 1935, Chapter 233, set the compensation of the chairman of the county court of Monroe County at $100 per calendar month, payable on the first day of each month on warrant drawn in the county treasury. 7. Private Acts of 1935, Chapter 249, as amended by Private Acts of 1953, Chapter 518, provided for the election of the county judge for a term of eight years beginning the first Monday of September, 1936 with compensation of $3,000 a year. The office of chairman of the county court was abolished. 8. Private Acts of 1939, Chapter 421, authorized and empowered the county judge to hire clerical assistants for his office at a salary of $50 per month.. 11

17 ADMINISTRATION COUNTY LAW LIBRARY PRIVATE ACTS OF 1997 CHAPTER 72 AN ACT to impose a litigation fee to fund the establishment and maintenance of a County Law Library in Monroe County. WHEREAS, Tennessee Code Annotated, Section authorizes counties to levy a local litigation fee; and WHEREAS, it would be in the best interest of Monroe County to establish a Law Library Commission for the purpose of establishing and maintaining a law library; and WHEREAS, the Monroe County Legislative Body has requested that the Tennessee General Assembly pass such a private act for Monroe County; now, therefore, SECTION 1. That there is hereby created a Law Library Commission of Monroe County, Tennessee, which shall be composed of three (3) members, two (2) of which shall be attorneys enrolled to practice in all the courts of Monroe County, Tennessee, and maintaining a full-time law office within the territorial jurisdiction of said courts; the third member shall be the county executive. The two (2) attorney members of said commission shall be elected by the members of the Monroe County Bar Association at its next regular meeting or special meeting called for that purpose on or after the effective date of this act, to serve until the next regular meeting of the Monroe County Bar Association at which Bar Association officers are elected. Thereafter, attorney members of the commission shall be elected annually by the membership of the Monroe County Bar Association at the same time that Bar Association officers are elected. The Bar Association shall give at least five (5) days notice of said election to all attorneys eligible for membership. The members of the commission shall elect from among its membership a Chairman and a Secretary. The members of this commission shall receive no compensation for their services as such. SECTION 2. That on or after the effective date of this act, a litigation fee not to exceed one dollar ($1.00) shall be collected as part of the costs in all cases, both criminal and civil filed in all courts of Monroe County, Tennessee. Said fee shall be collected by the Clerk of each court and shall be paid to the Trustee of Monroe County, Tennessee, who will place the same in a separate fund, which is to be designated as the Monroe County Legal Library Fund. Expenditures from said fund for the purposes herein authorized and empowered shall be made by checks signed by the County Executive upon the approval and authorization of the commission. 12

18 SECTION 3. That the commission shall have the following powers and authorities: (a) To expend the funds hereby provided for the purpose of establishing and maintaining a law library for the use of the court, judges, public officials and attorneys. (b) To acquire by gift, purchase, loan or otherwise, such codes, treatises, court reports, and other books, periodicals, and services which shall be deemed beneficial for those authorized to use the same. (c) To acquire in like manner furniture, equipment and supplies for the establishment and operation of the law library. law (d) To make such rules and regulations governing the operation and use of the library as the commission in its discretion deems necessary. (e) The commission shall be responsible for the protection and safekeeping of the law library, its contents, equipment and supplies, and shall have authority to exclude from using the facilities of such library any persons who should cause any damage to the equipment, fixtures and contents thereof, or who refuse to conform with the rules and regulations promulgated by the commission. (f) To borrow money, buy on credit, and pledge the revenues from the fee hereinabove provided for the payment of the same. (g) To set the amount of the litigation fee not to exceed one dollar ($1.00) which shall be collected hereinabove provided. SECTION 4. That the commission shall hold regular meetings and special meetings upon the call of the chairman. Two (2) persons shall constitute a quorum and the affirmative vote of at least two (2) members shall be necessary for any affirmative action of the commission. The Secretary shall keep the records of all meetings to reflect the action of the commission. SECTION 5. That upon the termination of the commission, or any successor or successors to said commission, by an act of the General Assembly or otherwise, the law library, its contents, equipment and supplies, and all other property obtained by Act of the Commission shall become the property of Monroe County for the use and benefit of the residents of said county. SECTION 6. That if any provisions or clause of this Act or application thereof to any person or circumstances be held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect after the invalid provision or application, and to this end, the provisions of this act are declared to be severable. SECTION 7. That this Act shall have no effect unless the same shall be approved by a two-thirds (⅔) vote of the County Commission of Monroe County, Tennessee, at its next regular meeting held more than ten (10) days after its approval by the Chief Executive of this State. Its approval or non-approval shall be proclaimed by the County Executive and shall be certified by him to the Secretary of State. 13

19 SECTION 8. For the purpose of approving or rejecting the provisions of this act, it shall be effective on 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: May 26,

20 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 Monroe 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 1819, Chapter 160, set the time for holding the Monroe County Court on the second Mondays of March, June, September and December. 2. Private Acts of 1820, Chapter 114, allowed the justices of the peace of Monroe County to adjourn the court of pleas and quarter sessions to any other house in the county from the residence of William Dixon if they desired to do so. 3. Private Acts of 1821, Chapter 144, set the time for holding the quarterly county court of Monroe County on the third Monday in December, March, June and September. The justices had the authority to adjourn court to some other place from its present site and could also remove the office of the clerk, or leave it at the house of William Blair, whichever the justices preferred. 4. Private Acts of 1825, Chapter 88, removed the county court and the circuit court, which were held at the house of David Caldwell in Monroe County, to the Town of Tellico. All process which was returnable to the house of David Caldwell was changed to conform to the terms of this act. 5. Private Acts of 1826, Chapter 4, concerned the court of pleas and quarter sessions which was required to meet at the courthouse in Tellico for the trial of civil cases. All jurors were summoned for that court and the circuit court reported to the courthouse in Tellico. 6. Private Acts of 1826, Chapter 106, provided that all the official acts of Robert Shaw, Lewis Patterson, Samuel M. Johnson, James Montgomery, Erby Boyd, John F. Henderson, James Torbit, Joseph Carter and Joseph Callaway, all of whom had been justices of the peace in 15

21 Monroe County without having been properly commissioned, be validated, confirmed and made legal in all respects to the same extent as if they had been properly commissioned at the time. 7. Public Acts of 1827, Chapter 34, Section 3, set the time for holding the quarterly court of Monroe County on the fourth Monday in March, June, September and December. 8. Public Acts of 1827, Chapter 81, was the enabling legislation for the courts of Monroe and Carter counties, a majority of the justices being present, to select, on the first day of the first session of each year, by ballot, five of their number who held the court for the rest of the year. 9. Acts of , Chapter 140, authorized the county court of Monroe County to make appropriations to pay such members of the original quorum court for the services rendered by them prior to the adoption of the amended constitution, which money was paid out as any other funds were. 10. Public Acts of 1871, Chapter 86, permitted the qualified voters of the Town of Sweetwater in Monroe County to elect one additional justice of the peace over the number allowed by law. 11. Private Acts of , Chapter 184, regulated the compensation and expense allowance of justices of the peace in Monroe County. The act provided that the justices of the peace be paid $25 for each day in attendance and ten cents a mile for each mile traveled in going to and from meetings of the court. 16

22 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 The following acts once affected the office of county register in Monroe County, but are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1831, Chapter 162, stated that all deeds of conveyance and other instruments in writing heretofore registered in the counties of Monroe, Greene, Sevier, Cocke, Washington, Hawkins, Carter, Grainger, Claiborne, Campbell, Jefferson, Blount, McMinn, Morgan, Roane and Sullivan, although the certificate might not recite thereby that they were acknowledged by the grantor, or proved by subscribing witnesses, the same were to be as good and valid as if they have been so witnessed. 2. Private Acts of 1935, Chapter 203, authorized the register of deeds of Monroe County to employ a clerk or deputy register at a salary which did not exceed $50.00 per month, payable out of the general county funds. This act was repealed by Private Acts of 1937, Chapter Private Acts of 1937, Chapter 637, authorized the register of deeds in Monroe County to make a monthly report of all realty transfers that were made in fee simple to the Monroe County Tax Assessor. This act provided the form of said report; receipt; compensation to register for making reports and designated funds from which said compensation was made. This act was repealed by Private Acts of 1953, Chapter Private Acts of 1939, Chapter 419, applied to each county in the state having a population of not less than 21,370 nor more than 21,380 by the Federal Census of 1930, authorized the register of deeds to employ a deputy or clerk to assist him in the performance of his duties at a compensation of $50 per month.. 17

23 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

24 ADMINISTRATION FORT LOUDON STATE HISTORIC AREA PUBLIC ACTS OF 1977 CHAPTER 258 SECTION 1. The Tennessee Department of Conservation shall formulate and adopt a system for the proper development, preservation, and administration of all lands belonging to the State of Tennessee known as the site of Fort Loudoun consisting of approximately acres of land located in the Second Civil District of Monroe County, Tennessee, and being the same property referred to in Chapter 127, Public Acts of 1933, which property was conveyed to the State of Tennessee by the National Society of Colonial Dames by deed recorded in W. D. Book 45, p. 174 and from J. C. Anderson and wife Sadie, by deed recorded in W. D. Book 45, p. 176, and by Mrs. Annie C. Hutchinson, by deed recorded in W. D. Book 45, p. 179, and by Bert H. Anderson and others by deed recorded in W. D. Book 70, page 535, all recorded in the Register s Office for Monroe County, at Madisonville, Tennessee. The Commissioner of Conservation shall have authority and the duty to make rules and regulations pursuant to the Tennessee Administrative Procedures Act and to promulgate the same for the management and control of said property so as to preserve it as a perpetual memorial to the officers and men who constituted the Garrison of said Fort Loudoun. SECTION 2. The Department of Conservation shall have full power and acquire by gift, devise or purchase, areas, properties, lands, or any estate or interest therein, which in the judgement of the department will enhance the public enjoyment of Fort Loudoun and which will further the objective of preserving it as a perpetual memorial. Provided, that such authority of acquisition shall be within the limits of any appropriation which may be made by the General Assembly of the State of Tennessee for the purchase of such properties, and the Department of Conservation shall have no power to purchase or contract for the purchase of any property beyond the amount contained in such appropriation. SECTION 3. The Department of Conservation is authorized to receive by bequest, gift, or otherwise, money or other personal property for the purpose of this Act, to be held and used under the provisions of Section 2 of this Act. SECTION 4. In order to advise and assist the Department of Conservation in the preparation of rules and regulations for the effectuation of the purposes and provisions of this Chapter, there is hereby created and established an advisory board to be known as the Fort Loudoun Board of Trustees. Said Board shall consist of nine (9) members, including the Commissioner of Conservation and the President of the Fort Loudoun Association, an association incorporated under the law of Tennessee as a corporation for the general welfare, who shall be ex-officio members of said board, and seven (7) members, four (4) of whom shall be citizens and residents of the Eastern Grand Division of Tennessee, two (2) of whom shall be citizens and residents of the Middle Grand Division of the State, and one (1) of whom shall be a citizen and resident of the Western Grand Division of the State. The said seven (7) members initially appointed shall be appointed by the Governor from a list of fifteen (15) names submitted by the Board of Directors of the Fort Loudoun Association. Two members shall be appointed for 19

25 a term of one (1) year, two members shall be appointed for a term of two (2) years, two members shall be appointed for a term of three (3) years, and one shall be appointed for a term of four (4) years and thereafter each member shall serve a term of four (4) years and each shall hold office until his successor is duly appointed. Succeeding board members shall be appointed by the Governor from a list of nominations of twice the number to be appoint, submitted by the Fort Loudoun Association. The Commissioner of Conservation shall serve as Chairman of the Board and the president of the Fort Loudoun Association shall serve as secretary to the Board which shall meet at least once annually at a time and place determined by the Board. A quorum shall consist of five (5) members of the Board. The Board members shall be paid those travel expenses reasonable and necessary to attend meetings of the Board. In no event shall such expenses be reimbursed for amounts greater than those set forth in the comprehensive travel regulations as promulgated by the Commissioner of Finance and Administration and approved by the Attorney General and Reporter. SECTION 5. No admission fee shall be charged for entrance into the park or the site of Fort Loudoun, but fees may be charged for any concessionary services, food services, fishing, boating, or any other activities for which fees are customarily charged in other state parks. SECTION 6. Chapter 127 of the Public Acts of 1933 is repealed. SECTION 7. requiring it. This Act shall take effect upon becoming a law, the public welfare PASSED: May 3,

26 ADMINISTRATION FORT LOUDOUN STATE HISTORIC AREA PUBLIC ACTS OF 1979 CHAPTER 46 WHEREAS, on Friday, July 21, 1978, the people of Monroe County, the 22nd Legislative District, and the State of Tennessee lost a great friend and dedicated public servant in the untimely death in a traffic accident of William C. Watson of Madisionville, then a member of the Tennessee House of Representatives; and WHEREAS, Representative Watson served five terms as a State Representative, embracing the beginning of the Eighty-sixth General Assembly in 1968 and the concluding of the Ninetieth General Assembly in 1978; and WHEREAS, Bill Watson rapidly rose to leadership positions in the House of Representatives, serving as Chairman of the Conservation and Environment Committee in his last two terms and having served, over the course of his career, on the General Welfare, State and Local Government, Education, Government Operations, Legislative Council, and Calendar and Rules Committees; and WHEREAS, he was instrumental in passing legislation strengthening the surface mine laws, creating the Tennessee Wildlife Resources Agency, expanding the Department of Tourism, securing the improvement of local highways, and enacting other measures to improve the economic life and standard of living for all Tennesseans; and WHEREAS, it is appropriate for this body to recognize the accomplishments of Bill Watson and to provide for a fitting tribute to his memory; now, therefore, SECTION 1. The Visitors/Interpretive Center to be constructed at the Fort Loudon State Historic Area is hereby named the William C. Watson Visitors/Interpretive Center. SECTION 2. The Department of Conservation shall cause an appropriate sign to be erected at such center. SECTION 3. requiring it. This Act shall take effect upon becoming a law, the public welfare PASSED: March 12,

27 ADMINISTRATION LITTLE TENNESSEE RIVER PORT AUTHORITY PRIVATE ACTS OF CHAPTER 68 SECTION 1. That in order to facilitate transportation in the Counties of Loudon and Monroe in the State of Tennessee, and to promote navigation on the Little Tennessee River and its tributaries, which traverse portions of the said counties; to facilitate the movement and transfer of people, goods, and merchandise to, from and through the said counties; to aid in the utilization of the natural resources and recreation and water sports facilities and activities therein, and for the development of commerce and industry in said counties, there is hereby established in Loudon and Monroe Counties, Tennessee, a Port Authority, to be known as "The Little Tennessee River Port Authority, "The Port Authority" or "the Port Authority Commissioners", for the purposes of (a) acquiring, constructing, operating, and maintaining ports and navigation terminals on the Little Tennessee River and its tributaries, including docks, wharves, piers, loading and unloading machinery, scales, transportation equipment, harbor and river front improvements, storage and transfer facilities, elevators, and all other advisable appurtenant port and terminal facilities; (b) acquiring, holding, improving, and disposing of lands in the vicinity of such ports and terminals which are suitable for the various purposes herein set forth and for use by manufacturing, processing, or fabricating plants or other industries which require access to the waters of the Little Tennessee River and its tributaries in their operation; and (c) acquiring, constructing, operating, and maintaining railroad, switchyards, concentration yards, recreation facilities, water sports facilities, food and entertainment facilities, roads and bridges, including the aforesaid industrial sites, and to provide that the same shall be under the jurisdiction, control, and management of the Port Authority as hereinafter provided. SECTION 2. That the development, maintenance, and operation of such facilities are hereby declared to be essentially public and governmental functions. The powers herein granted, in connection therewith, are declared to be public and corporate purposes and matters of public necessity. SECTION 3. That the Port Authority shall consist of The Port Authority Commissioners, who shall be six in number, and such subordinate officers and employees as may be selected by said Port Authority Commissioners, as hereinafter provided. SECTION 4. That the said Port Authority Commissioners shall have power, and they are hereby authorized: (a) To acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend, and improve, within the boundaries of Loudon and Monroe Counties, Tennessee (except not within the present corporate limits of any other municipality now within said area, without first obtaining express permission and authority from the governing body of such other municipality), the ports and other facilities described in Section 1 hereof, and by any and all related facilities, equipment, and appurtenances necessary or convenient to the improvement of the access to all channels of commerce, and to make such facilities available to any firm, person, public or private 22