City Charter

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Priv. Acts 1919, ch. 48, is the current basic charter act for the City of 1
Niota, Tennessee. The text of the basic charter act set out herein includes all
its amendments through the 2008 session of the Tennessee General Assembly.
Sections of the charter which have been amended contain at the end of those
sections the citation to the official private act or acts constituting the
amendment or amendments. No other changes have been made to the charter
except the addition of a table of contents to facilitate its use. A list of all the
private acts including the basic charter appears at the end of the charter.
Priv. Acts 1949, ch. 206 does not specify which sections of the basic
charter act it amended. However, since many of the provisions of the amended
act are similar to the basic charter act, the acts must be read together to
determine the actual meaning intended. Where provisions of the two acts
conflict, the provisions of Priv. Acts 1949, ch. 206 control. Priv. Acts 1949, ch.
206 is reproduced in its entirety following the charter.
Acts of a temporary nature with no general or continuing application,
such as bond authorization and validation acts have not been included in this
compilation.
Priv. Acts 1949, ch. 206, changed this to "city" throughout the charter. 2
CHARTER FOR THE CITY OF NIOTA, TENNESSEE 1
CHAPTER 48
House Bill No. 120
(By Mr. Burn of McMinn County.)
AN ACT to incorporate the City of Niota, in McMinn County, Tennessee; to 2
define the corporate limits thereof; the constituting of the territory thus
incorporated a separate school district; to provide for the paying over by
the Trustee of said County to the Board of Education of said corporation
the pro-rata portion of all State and County school funds coming to the
children of said school district and transfers thereto; to define the rights,
powers, and liabilities of said city; to provide for the government and
control of same; and for other purposes incident to the incorporation of
said City of Niota.
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TABLE OF CONTENTS
SECTION PAGE
1. Incorporation and boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-6
2. Recorder and Board of Education -- term of office . . . . . . . . . . . . . . C-7
3. Previous officers continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-7
4. Corporation to assume previous corporation's assets,
liabilities, and ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-7
5. Meeting of board; oath; election of mayor . . . . . . . . . . . . . . . . . . . . . C-8
6. Board to enforce ordinances, etc.; compensation . . . . . . . . . . . . . . . C-8
7. Vacancies -- how filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-8
8. Required wording for ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-8
9. Eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-9
10. Power to grant franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-9
11. Annual report of condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-9
12. Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-9
13. Terms of mayor and commissioners . . . . . . . . . . . . . . . . . . . . . . . . . C-9
14. (Repealed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-9
15. Separate school district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-10
16. Board of education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-10
17. Members of first board of education . . . . . . . . . . . . . . . . . . . . . . . . C-10
18. Powers of board of education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-10
19. (Repealed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-11
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20. Board of education members to have seat, voice, but no vote at
sessions of board of commissioners . . . . . . . . . . . . . . . . . . . . . . . . . C-11
21. Officers of board -- election of teachers . . . . . . . . . . . . . . . . . . . . . . C-11
22. Scholastic population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-11
23. County school fund prorated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-12
24. May contract with county board -- nonresident school
attendance requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-12
25. Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . C-13
26. Taxation -- how collected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-13
27. School tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-14
28. Miscellaneous corporate powers enumerated . . . . . . . . . . . . . . . . . C-14
29. Enumerated powers not exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . C-15
30. City recorder -- how elected, term, duties, bond . . . . . . . . . . . . . . . C-15
31. City judge appointed, duties, term . . . . . . . . . . . . . . . . . . . . . . . . . C-16
32. Police force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-16
33. City attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-16
34. Act declared public law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-16
35. Severability clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-17
36. Conflicting laws repealed -- date of effect . . . . . . . . . . . . . . . . . . . . C-17
Priv. Acts 1949, ch. 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-13
Priv. Acts 1949, ch. 492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-20
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The above boundaries were established by Priv. Acts 1949, ch. 492. The 1
remainder of this section has not been changed and remains as it was in Priv.
Acts 1919, ch. 48. The remaining sections of Priv. Acts 1949, ch. 492 appear
following the charter.
SECTION 1. Be it enacted by the General Assembly of the State of
Tennessee, That that section of McMinn County, Tennessee, comprised within
the following metes and bounds to-wit:
Beginning at a point eight hundred feet (800) east of the old road on the
ridge southeast of the City of Niota, in line with the east and west line that runs
south of the R. A. Johnson property; thence west with the aforesaid east and
west line to the west side of the Southern Railway right-of-way; thence
southwest with said right-of-way to the line between J. G. Willson and J. C.
Cate; thence west, passing between the residences of J. C. Cate III and J. G.
Willson, to the west side of the Lee Highway; thence southwest with said Lee
Highway eight hundred feet (800'); thence west to a point eight hundred feet
(800') perpendicular from Little Mouse Creek; thence in a northeasternly
direction up the valley, parallel with the creek but eight hundred feet (800')
therefrom, to the property line of Tom Sherman and Tola S. Walker; thence west
with said Sherman-Walker property line to their southwest corner; thence in a
northernly direction to the northwest corner of the J. P. Brady barn on top of the
hill; thence in a northernly direction, passing to the west of the Will Arnwine
residence, to a point eight hundred (800') perpendicular to and northeast of the
Union Grove Road; thence in a southeasternly direction, passing to the north of
the Sherman-Walker residence, to the southeast side of Willson Street, (the Lee
Highway); thence northeast with the southeast side of Willson Street (the Lee
Highway) to the intersection of old Niota-Sweetwater graded road: thence south
with the west side of said road to the northwest side of the Southern Railway
right-of-way to the present city limits; thence southeast across the railroad and
right-of-way; thence in an easternly direction, passing fifty feet (50') north of the
residence of Tom Brakebill, to a point eight hundred feet (800') perpendicular
to the old Niota-Sweetwater graded road; thence south to the eastern brow of
the ridge; thence in a southwesternly direction with the eastern brow of the
ridge passing to the southeast of the residences of Otis Cobble, Leslie DeWitt
and Nannie Moree, also southeast of the city water reservoir, to the point of the
beginning and the inhabitants thereof are hereby incorporated as a 1
municipality under the name and style of City of Niota; and shall have perpetual
succession by its corporate name; may sue and be sued; plead and be impleaded;
may acquire and hold real and personal property within or beyond the limits of
said city for all municipal purposes; and may sell, lease, or dispose of same for
the benefit of said city; and may have and use a corporate seal changeable at
pleasure. [As amended by Priv. Acts 1921, ch. 46, § 1; Priv. Acts 1949, ch. 206,
§ 1; and Priv. Acts 1949, ch. 492, § 3]
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SECTION 2. The recorder and the Board of Education shall be elected
for a term of two (2) years by the legally qualified voters of the City. [As
amended by Priv. Acts 1921, ch.46, § 2; Priv. Acts 1949, ch. 206, § 1; and
replaced by Priv. Acts 1990, ch. 174, § 1]
SECTION 3. Be it further enacted, That all officers of the City of Niota
under previous charter of incorporation are hereby appointed and empowered
to continue in their respective offices under this Act and to serve until the next
regular election as may herein be provided. [As amended by Priv. Acts 1949, ch.
206, § 1]
SECTION 4. Be it further enacted, That the corporation herein created
shall assume all obligations created while acting under previous charter, and
that all taxes going to the corporation of the City of Niota under previous
charter shall be vested in the corporation herein created, and that all ordinances
now in force under previous charter shall remain in full force and effect until
altered, modified or repealed by the Board of Commissioners acting under the
provisions of this Act. [As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 5. Be it further enacted, That on Saturday following the
election of the Board of Commissioners, Recorder, and Board of Education, the
newly-elected Board of Commissioners shall meet for the purpose of organizing,
after first taking an oath before some Justice of the Peace of McMinn County,
Tennessee, to faithfully and honestly discharge the duties of their office to the
best of their ability, and shall then proceed to elect one of the Commissioners
Chairman and Mayor of the City of Niota. He shall call special meetings of the
Board when he deems the same expedient. [As amended by Priv. Acts 1949, ch.
206, § 1]
SECTION 6. Be it further enacted, That the Board of Commissioners
when so organized shall have the supervision and be responsible for the control,
management and enforcement of ordinances and bylaws as provided for Boards
of Mayor ad Aldermen under the General Municipal Laws of the State; and may
provide by ordinance to receive such compensation as they may deem proper, not
to exceed the sum of twenty-five ($25.00) dollars per year.
SECTION 7. Be it further enacted, That all vacancies occurring in said
Board of Commissioners shall be filled by an election for the unexpired term by
the remaining members. Upon a vacancy in the office of recorder or the Board
of Education hereinafter provided, the same shall be filled by the Board of
Commissioners for the unexpired term.
SECTION 8. Be it further enacted, That all ordinances shall begin by an
enacting clause as follows: "Be it ordained by the Board of Commissioners of the
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Priv. Acts 1943, ch. 137 repealed §§ 12 and 13 of the basic charter act. 1
Priv. Acts 1990, ch. 174, § 3 added two sections similar to what §§ 12 and 13
were, so §§ 4 and 5 of Priv. Acts 1990, ch. 174 were designated as §§ 12 and 13
by the compiler.
City of Niota," and that the end contain the provision that "this ordinance shall
take effect from and after its passage, the welfare of the city requiring it;"
otherwise, the same shall not take effect until twenty days after its passage. [As
amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 9. Be it further enacted, That the City of Niota is hereby given
the power of eminent domain for the purpose, of effectuating the objects,
purposes, and powers of this Charter to be exercised under the General Laws
relating to eminent domain. [As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 10. Be it further enacted, That the Board of Commissioners
shall have the power to grant franchises over the streets and public grounds of
the city for public service purposes, but said franchises shall not be for more
than twenty years. [As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 11. Be it further enacted, That it shall be the duty of the
Board of Commissioners on December 31 of each year or within thirty days
thereafter, to publish a report showing the receipts of said city, from what
source, and the expenditures of the same, and for what purposes. [As amended
by Priv. Acts 1949, ch. 206, § 1]
SECTION 12. Beginning in the year 1992, the election of the Mayor, 1
Recorder, members of the Board of Commissioners, and members of the Board
of Education shall be held on the first Tuesday in November, to coincide with the
regular election day for members of Congress, and thereafter on the first
Tuesday in November next preceding the expiration of their respective terms of
office. The term of each officer so elected shall be computed from the first day
of December next succeeding such officer's election. [As added by Priv. Acts
1990, ch. 174, § 3]
SECTION 13. At the city election held on the first Saturday in October, 1
1990, the person elected Mayor and the two (2) persons receiving the highest
number of votes for the office of Commissioner, shall be elected for a term of four
(4) years to serve until their successors are elected and qualified at the city
election to be held in November, 1994 and every four (4) years thereafter. At the
city election held on the first Saturday in October, 1990, the Recorder, the
members of the Board of Education and the three (3) persons receiving the next
highest number of votes shall be elected to the office of Commissioner to serve
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Priv. Acts 1943, ch. 137, § 2 provides: 1
"That from and after the passage of this Act that the Commissioners
of Elections for McMinn County shall hold all municipal elections for
the City of Niota under the general election laws." [As amended by
Priv. Acts 1949, ch. 206, § 1]
until their successors are elected and qualified at the city election to be held in
November, 1992. At the city election to be held in November, 1992, the Recorder
and the members of the Board of Education shall be elected for two (2) year
terms and biennially thereafter. At the city election to be held in November,
1992, three (3) Commissioners shall be elected for a four (4) hear term and every
four (4) years thereafter. [As added by Priv. Acts 1990, ch. 174, § 3]
SECTION 14. [Repealed by Priv. Acts 1943, ch. 137] 1
SECTION 15. Be it further enacted, That the territory hereby
incorporated as the City of Niota shall be and constitute a separate school
district of McMinn County, Tennessee. [As amended by Priv. Acts 1949, ch. 206,
§ 1]
SECTION 16. Be it further enacted, That there shall be a Board of
Education for the city to consist of three members, who must be citizens and
residents of Niota, Tennessee. [As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 17. Be it further enacted, That the first Board of Education
after this Act takes effect shall consist of three members who are hereby
appointed as follows: J. Ben Forrest, John S. Lewis and D. M. Garrison, and
they shall serve until the first election and qualifications of a Board of Education
as herein provided for; provided, that if any one or more of them shall fail to
qualify within thirty days after the passage and approval of this Act, then, in
such event, it shall be the duty of the Board of Commissioners of the City of
Niota, within ten days thereafter to appoint a member or members in the room
and stead of the one or more of them as may so fail to qualify. [As amended by
Priv. Acts 1949, ch. 206, § 1]
SECTION 18. Be it further enacted, That said Board of Education shall
have charge of all public school property within the district, and shall have
charge of the expenditure of all moneys received from the State and County and
City of Niota for school purposes, except funds to be used for the building of
school buildings, which shall be under the control of the Board of Commissioners
and who shall also control and manage the buying and selling of school
buildings, real estate, etc. [As amended by Priv. Acts 1949, ch. 206, § 1]
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SECTION 19. Be it further enacted, That the Board of Education shall
annually, through its President, Secretary and Superintendent of Schools, make
to the Board of Commissioners a full and complete statement of all amounts
received from various sources for schools, the manner of disbursement, the
attendance of schools, the average cost per capita for the different purposes,
together with other information that the Board of Commissioners may require.
SECTION 20. Be it further enacted, That the members of the Board shall
have a seat at the sessions of the Board of Commissioners, and be entitled to
take a part in all deliberations of questions relating to matters under their
charge, subject to such rules as may be prescribed, but without the right to vote.
SECTION 21. Be it further enacted, That said Board shall organize by
electing one of their number President, and another member Secretary of said
Board, and shall each year elect the various officers and teachers to have charge
of the schools for the succeeding year, commencing with the fall term of said
year. Said Board shall have the power to fix the salary of the Superintendent
of Schools, the teachers and others connected with the schools, and have
authority to fill vacancies at any time it may be necessary. Said Board shall
have the right to dismiss any official, teacher or other employee of said Board
for inefficiency or improper conduct, or other causes.
SECTION 22. Be it further enacted, That it shall be the duty of the
Secretary of the Board of Education to take the scholastic population of said
incorporation and in the old district, as hereinafter provided, as soon after the
passage of this Act and his appointment as possible, and make two reports
thereof, one to be furnished the County Trustee and the other the County
Superintendent of Public Instruction. Said Secretary shall receive such
compensation as the Board of Commissioners may allow, and as may be
reasonable.
SECTION 23. Be it further enacted, That the County Trustee of McMinn
County shall apportion or set apart to the school district herein established the
per capita or pro-rata share of each child of the school fund now on hand or that
may hereafter be derived from the state and county fund for the maintenance
of public and high schools in said County in accordance with the scholastic
census of the school district herein provided for, and children transferred
thereto, the same to be set aside and paid over by said Trustee upon the order
of the Board of Education of the City of Niota, said order or warrant to be signed
by the President and Secretary of said Board. Provided further, that any funds
set apart for school purposes by the Board of Commissioners of said city shall
be paid over to the Board of Education upon order or warrant as provided above.
[As amended by Priv. Acts 1949, ch. 206, § 1]
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SECTION 24. Be it further enacted, That the Board of Education may
make contracts or agreements with the County School Boards regarding the
operation of any part of the school or schools within the district, or may elect to
have the school or schools operated for any stated period by the Boards in charge
before the passage of this Act, or that may hereafter have charge of the schools
of McMinn County, by giving written notice thirty days before same is to take
effect to the Trustee and the County Superintendent of Public Instruction, and
the Board or Boards thereby placed in charge shall resume operation and the
Trustee shall withhold pro-rata for the time stated. The Board of Education
may permit children living outside the limits of said city to attend school upon
written application of the person in charge of the child, provided that they shall
be entered with scholastic census for said city, and transferred with their per
capita share of the funds for distribution and to be paid out by the Trustee as
hereinbefore shown, said transfer to be recognized by the Trustee when
certified to by the Secretary of the Board of Education of the City of Niota;
provided further, that the Board of Education shall charge tuition to those
transferred for such time as the school may be operated by funds received from
the City of Niota. [As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 25. Be it further enacted, That the Board of Education for said
city shall keep a well-bound book in which shall be recorded all the official acts
of said Board, which shall be open to the inspection of the voters and taxpayers
of the city at all reasonable hours, and make such other arrangements as may
be necessary to carry out the objects and purposes of the powers granted same.
[As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 26. Be it further enacted, That all property, real, personal, and
mixed, subject to State and County taxes, and all persons liable for poll tax
when same shall have become duly assessed for taxation as now or may
hereafter be provided by law under the General Laws of the State, and within
said incorporated territory, shall be the basis upon which property shall be
taxed and collected by said City of Niota for municipality; and that all taxes and
privileges and all other moneys due the City of Niota shall be paid to the
Recorder, who shall issue the receipt of the city therefor.
Said Recorder, as the collector of taxes, shall have the power to issue
distress warrants in the name of the City of Niota to enforce collection, and the
same may be executed by the Marshal of the city and be made returnable at
such time as may be fixed by ordinance.
The officer collecting said taxes and privileges under a distress warrant
shall be entitled to collect a fee of twenty-five cents and four per cent
commission. [As amended by Priv. Acts 1949, ch. 206, § 1, and Priv. Acts 1981,
ch. 14, § 1]
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SECTION 27. Be it further enacted, That the Board of Commissioners
shall have the power to levy and collect a special school tax not to exceed fifty
cents on the one hundred dollars of taxable property, and two dollar poll, for
school purposes only.
SECTION 28. Be it further enacted, That the Board of Commissioners
shall by ordinance have the following powers:
To levy and collect tax on all property, polls and privilege taxable by law
for State purposes; to appropriate money and provide for the payment of the
debt and expenses of the city; to make regulations to secure the general health
of the inhabitants, and to prevent the introduction and for the suppression of
contagious diseases, and to make quarantine laws for that purpose and to
enforce same within a mile of the city limits; to open, alter, abolish, widen,
extend, establish, grade, pave or otherwise improve, clean and keep in repair
streets, alleys and sidewalks; to establish a system of free schools and regulate
the same so as to avoid sectarian influence, and to compel attendance upon the
same; to license, tax, regulate, and suppress theatrical and other exhibitions,
shows and amusements; to prohibit and suppress all gambling houses,
disorderly houses, houses of ill fame and obscene pictures and literature; to
prohibit and suppress the sale by retail or the giving away for beverage purposes
of any intoxicating liquors, including wine and beer; to regulate the storage of
gun-powder, coal-oil and other combustibles, explosives and inflammable
material; to license, tax and regulate auctioneers, grocers, merchants, peddlers,
livery stable keepers, and all other privileges taxable by the State; to regulate
and establish the keeping and going at large of animals; to provide for the arrest
and imprisonment of all riotous and disorderly persons within the city; for
punishment of breaches of peace; to impose fines, forfeitures, and penalties for
the breach of any ordinance and provide for their recovery and appropriation.
To furnish fire fighting services to property outside the corporate limits
of the city on such terms and conditions as in the discretion of the Board of
Commissioners will be reasonable, and equitable and just to the owners of
property and taxpayers in the city. In furnishing such service the city shall be
considered in all respects as acting in a governmental capacity, and all officers,
employees and agents of the city shall be entitled to all rights, privileges,
exemptions and immunities as though such service were being performed within
the corporate limits of the city. [As amended by Priv. Acts 1949, ch. 206, § 1,
and Priv. Acts 1963, ch. 92]
SECTION 29. Be it further enacted, That the City of Niota is hereby
granted the power to enact and ordain any and all local laws not in conflict with
the Constitution and General Laws of the State for the government of said city,
whether same be within the express grants of this Charter or not; and wherever
in this Act there are any omissions in defining the duties or authority of any
officer provided for herein which are necessary for the proper carrying out of any
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of the objects of this Act, the City of Niota is hereby empowered to supply such
omission by ordinances. [As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 30. There shall be a city recorder for the city of Niota
appointed by the board of commissioners on the second Monday in November
following the election of the board of commissioners or at any other time as need
may dictate, who shall be a resident and citizen of the city of Niota, Tennessee
at the time of such appointment. The term for which the city recorder shall
serve shall be at the discretion of the board of commissioners, and such city
recorder shall receive such compensation as the board of commissioner may
provide.
The duties of the city recorder shall be designated by the board of
commissioners.
The city recorder shall execute and file a corporate surety bond in the
amount of twenty-five thousand dollars ($25,000.00) before entering upon the
discharge of duties of the office and the premium for such bond shall be paid by
the municipality at the regular rates.
The purpose of this section is to establish a new position as herein
provided upon the expiration of the current term of the city recorder. Nothing
in this Act shall be construed to have the effect of removing an incumbent from
office or abridging his term, or altering his salary prior to the end of the term for
which such city recorder was selected. [As replaced by Priv. Acts 1980, ch. 230,
§ 1]
SECTION 31. There shall be a city judge for the city of Niota appointed
by the board of commissioners on the second Monday in November following the
election of the board of commissioners or at any other time as need may dictate,
who shall be a resident and citizen of the city of Niota, Tennessee at the time of
such appointment. The term for which the city judge shall serve shall be at the
discretion of the board of commissioners and such city judge shall receive such
compensation as the board of commissioners may provide.
The duties of the city judge shall be designated by the board of
commissioners in accordance with the applicable statutes of the state of
Tennessee. [As replaced by Priv. Acts 1980, ch. 230, § 2]
SECTION 32. Be it further enacted, That the Board of Commissioners
of said city shall have the power to organize, regulate and maintain a police
force; that the police or Marshal appointed shall possess all the common law and
statutory powers of Constables, except for the services of Civil process, and that
the police authorities shall extend to a distance of one mile from the limits of
said city for the suppression of all disorderly acts or practices forbidden by the
General Laws of the State and ordinances of said city and for the purpose of
executing all criminal and other process issued by the Recorder of said city. [As
amended by Priv. Acts 1949, ch. 206, § 1]
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SECTION 33. Be it further enacted, That the Board of Commissioners
shall have the right to employ some one learned in the law to act as attorney
and to fix the salary of such office.
SECTION 34. Be it further enacted, That this Act is declared to be a
Public Act and may be received and read in evidence in all Courts and places,
and proceedings of the Board of Commissioners may be proved by certificate of
the Reorder. Printed copies of the by-laws and ordinances of the City of Niota,
purporting or proved to have been published under the authority thereof, or
proved to be commonly used as such and admitted as evidence of the existing
ordinances of said city in the Recorder's Court of the city, shall be admitted in
all the Courts of the State as presumptive evidence of such laws and ordinances.
[As amended by Priv. Acts 1949, ch. 206, § 1]
SECTION 35. Be it further enacted, That in case the validity of this Act
is questioned in any Court and a portion of same be held unconstitutional, only
that portion held unconstitutional shall be invalid, and the remainder shall not
thereby be impaired, but shall remain in full force and effect.
SECTION 36. Be it further enacted, That all laws and parts of laws in
conflict with this Act be, and the same are hereby repealed; and that this Act
take effect from and after its passage, the public welfare requiring it.
Passed January 20, 1919.
Seth M. Walker,
Speaker of the House of Representatives.
Andrew L. Todd,
Speaker of the Senate.
Approved January 30, 1919.
A. H. Roberts,
Governor.
C-13
Priv. Acts 1949, ch.206 does not specify which sections of the basic 1
charter act it amends. However, since many of the provisions of the amended
act are similar to the basic charter act, the acts must be read together to
determine the actual meaning intended. Where provisions of the two acts
conflict, the provisions of Priv. Acts 1949, ch. 206 control.
CHAPTER NO. 206 1
House Bill No. 520
(By Aderhold)
A BILL to be entitled: AN ACT to amend Chapter 48 of the Private Acts of the
General Assembly of the State of Tennessee for the year 1919, the same
providing for and establishing the Town of Niota and constituting the
charter of the Town of Niota, Tennessee; so as to change the name and
style thereof, provide for a corporate seal; abolish the Board of
Waterworks Commissioners; provide for a Mayor and five
Commissioners; fine and declare their authority and fix their salaries;
provide for a City tax assessor and define and declare his duties; fix
penalties on delinquent taxes and declare the method they shall be
collected; prescribe the method by which the schedule of charges for city
water shall be established; and for other purposes germane to said
primary purposes.
SECTION 1. Be it enacted by the General Assembly of the State of
Tennessee, That wherever in Chapter 48 of the Private Acts of Tennessee, 1919,
and Acts amendatory thereof, the name "Town of Niota" appears the same shall
be stricken therefrom and the words "City of Niota" substituted, so that the
municipality heretofore organized and existing under the name and style of the
Town of Niota shall have the name and style of City of Niota.
SECTION 2. Be it further enacted, That the said municipality shall
procure a corporate seal to read, around the margin thereof: City of Niota
Tennessee, and in the center thereof, Incorporated 1911. The Recorder of the
City of Niota shall be the custodian of said seal and he shall affix same to papers
and documents when duly authorized by the Mayor and Board of

Commissioners.
SECTION 3. Be it further enacted, That the Board of Waterworks
Commissioners of said municipality is hereby abolished and all its authority
shall hereafter be vested in the Mayor and Board of Commissioners of the City
of Niota.
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SECTION 4. Be it further enacted, That the corporate authority of the
City of Niota shall hereafter be vested in a Mayor and Board of Commissioners,
said Commissioners to be five (5) in number. The Mayor and Board of
Commissioners shall be citizens of Tennessee and residents of the City of Niota
for at least one (1) year next before the day of their election. Should the Mayor
or any member of the Board of Commissioners cease to be a resident of the City,
his office shall be vacated. The Mayor and Board of Commissioners until late
next regular election, and their respective assignments unless changed in the
manner hereinafter provided, shall be as follows:
Mayor: Earl Hicks.
Commissioner of Finance and Taxation: C. B. Staley, Jr.
Commissioner of Police: Bernard Edgemon.
Commissioner of Streets: Roscoe Hicks.
Commissioner of Public Utilities: Elmer Clark.
Commissioner of Sanitation: Lee A. Knox.
All authority heretofore vested in the Board of Commissioners of the
Town of Niota and in the Board of Waterworks Commissioners of the Town of
Niota shall vest in the aforesaid Mayor and Board of Commissioners of the City
of Niota. The Board of Education of the Town of Niota shall constitute the
Board of Education of the City of Niota and serve until the next regular election.
The Recorder of the Town of Niota shall be the Recorder of the City of Niota and
serve until the next regular election. [As amended by Priv. Acts 1990, ch. 174,
§ 2]
SECTION 5. Be it further enacted, That the compensation of the Mayor
of the City of Niota shall be Six Hundred Dollars ($600.00) per year; that of each
Commissioner Three Hundred Dollars ($300.00) per year; and that of the
Recorder One Thousand Eight Hundred Dollars ($1,800.00) per year. All
salaries shall be paid in monthly installments, but any elected official failing to
attend a regular meeting of the Mayor and Board of Commissioner shall not
receive compensation for the month he fails to be present at said regular
meeting, unless prevented by sickness, in which event his absence may be
excused by the members attending the meeting. [As amended by Priv. Acts 1961,
ch. 113, § 1; Priv. Acts 1972, ch. 321; and Priv. Acts 1977, ch. 14]
SECTION 6. Be it further enacted, That regular meetings of the Mayor
and Board of Commissioners shall be held on the second Monday of each month
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and special meetings may be called at any time by the Mayor or two (2)
Commissioners. All meetings of the Mayor and Board of Commissioners,
whether regular or special, shall be open to the public.
The Mayor shall preside at all meetings of the Board of Commissioners
and shall have general supervision of all matters pertaining to the government
of the City.
SECTION 7. Be it further enacted, That vacancies in the Board of
Commissioners shall be filled by the remaining members of the Board for the
unexpired term, but only at a regular monthly meeting of the Board.
In the event of a vacancy in the office of Mayor by death, resignation,
removal from office, or temporary absence from the city, or in case of sickness,
such vacancy shall be filled by a Vice-Mayor to be elected by the Board of
Commissioners.
SECTION 8. Be it further enacted, That the Mayor and three (3)
members of the Board of Commissioners shall constitute a quorum for the
transaction of business, but any smaller number may adjourn from day to day.
The Mayor shall have no vote except in the case of a tie vote of the
Commissioners, in which event the Mayor shall have the deciding vote. The
affirmative vote of three (3) members of the Board of Commissioners, or of the
Mayor and two (2) members of the Board of Commissioners in case of a tie, will
be necessary to adopt any motion, resolution or ordinance, or to pass any
measure.
SECTION 9. Be it further enacted, That the Mayor and Board of
Commissioners shall take and subscribe to the oath now required for public
officials, and the Recorder shall be required to execute and file a corporate
surety bond in the amount of $5,000.00 before entering upon the discharge of his
duties. The premium for said bond shall be paid by the municipality at regular
rates therefor.
SECTION 10. Be it further enacted, That the executive and
administrative powers, authorities and duties of said City of Niota shall be
distributed into and among the departments hereinafter set out. The Mayor and
Board of Commissioners shall determine the powers and duties to be formed by
each department; shall prescribe the duties and powers of officers and
employees; may assign particular officers and employees to one or more
departments; may require an officer or employee to perform duty in two or more
departments; and may make such rules and regulations as may be necessary
and proper for the efficient and economical conduct the business of the City of
Niota.
C-16
SECTION 11. Be it further enacted, That the Mayor and Board of
Commissioners shall, at the first regular meeting after their election and
qualification, designate by majority vote the member who shall have charge of
the finances of the City, the member who shall have charge of the police
department, the member who shall have charge of the streets, alleys and public
places of the City, the member who shall have charge of the public utilities and
the member who shall have the supervision of sanitary conditions within the
City.
The Commissioner of Finance and Taxation shall have general
supervision of the finances of the City. The Commissioner of Police shall have
charge of the Police Department. The Commissioner of Streets shall have
general supervision of the streets, alleys, parks and all public places within said
municipality and it shall be his duty to see that no fences or buildings shall
encroach upon the established width of the streets, alleys and other public
places within the City. The Commissioner of Public Utilities shall have general
supervision of the water-works, and any public utility hereinafter established
by the municipality. The Commissioner of Sanitation shall, as far as
practicable, keep the City free from garbage and refuse of all kinds, and may
make contracts for the removal of all refuse matter, as authorized by ordinances
duly adopted. He shall also have general supervision of any sewage disposal
system, when and if established.
The designation of any Commissioner as herein provided may be changed
by a majority vote of the Mayor and Board of Commissioners, but they shall not
shift any Commissioner from the head of one department to a head of another
department more often than once in six (6) months.
Each Commissioner shall, at the meetings of the Board, make full report
on all matters under his charge and such matters shall be acted on and
approved or rejected by the Mayor and Board of Commissioners. All other
matters not coming directly under either of the heads hereinabove assigned
shall be handled by members of the Board jointly, or as may be agreed upon.
SECTION 12. Be it further enacted, That all officials and employees of
the City of Niota shall be elected or appointed with reference to their
qualifications and fitness for public service and without reference to their
religious belief, or political or party affiliation.
SECTION 13. Be it further enacted, That at their regular meeting in
January, 1949, and every two years thereafter, or as soon after said meeting as
practicable, the Board of Commissioners shall elect a Tax Assessor who shall be
a citizen of said City. Said Tax Assessor shall assess all property taxable in said
municipal corporation in accordance with the laws of the State of Tennessee
governing County Tax Assessors and report same to the City Recorder who shall
make out the City tax book and same shall be and constitute the tax valuation
for all such property for municipal taxation in the City of Niota.
C-17
The compensation of said Tax Assessor shall be fixed by the Mayor and
Board of Commissioners at the time of his election.
If any property owner in the City of Niota shall consider himself
aggrieved by the assessment fixed by the City Tax Assessor he may present his
grievance in writing to the Mayor and Board of Commissioners at any regular
meeting of said Board and same will be heard at such meeting or at some future
date to be fixed and their action thereon shall be final.
SECTION 14. Be it further enacted, That all taxes due the City of Niota
on real, personal or mixed property, appearing upon the tax books of the City
shall be due and payable on the first day of October for each and every year for
which taxes are assessed. Said taxes shall become delinquent on January 1st,
thereafter, and from that date shall bear interest at six percent (6%) per annum.
A penalty of one-half of one percent (½%) of the amount of the delinquent taxes
shall also be added to said delinquent taxes on the first day of April, thereafter,
and one-half of one percent (½%) shall be added on the first day of each month
thereafter, which penalty shall be in addition to the interest as hereinabove
provided.
By resolution the Mayor and Board of Commissioners shall have the right
to waive interest and penalty on City taxes until March 1st, following their due
date. All taxes remaining delinquent on April 1st after their due date, shall be
promptly certified to the City Attorney for collection and the Board of
Commissioners shall not have the right to delay said certification. When
delinquent taxes have been certified to the Attorney for collection as herein
provided, whether suit to enforce the lien has been brought or not, a further sum
of fifteen per cent (15%) shall be allowed as a fee for the collection of said taxes.
SECTION 15. Be it further enacted . That it shall be the duty of the City
Recorder to make up a tax book from the assessment reported by the City Tax
Assessor and to have said book completed on or before June 1st, of each year.
SECTION 16. Be it further enacted, That all taxes assessed and levied
on real estate shall be a lien on the property until paid and that said lien may
be enforced by suit in equity.
SECTION 17. Be it further enacted, That any real estate omitted from
taxation may be back assessed by the City Tax Assessor for three (3) years, but
no further.
SECTION 18. Be it further enacted, That the schedule of rates to be
charged by the water department of the City of Niota shall be fixed and
determined by the Railroad and Public Utilities Commission of the State of
Tennessee. So that said Commission may determine what would be a fair and
C-18
reasonable schedule of rates the City shall furnish said Commission certain
data, as follows:
1. The contract with the bondholders;
2. A report on the present physical condition of the plant;
3. An estimate of the cost of obtaining an adequate water supply if the
present source of supply be insufficient for the future growth of the City;
4. A statement of income and disbursements for the preceding year,
showing the amount set up for depreciation;
5. An estimate of the State Planning Commission of the cost of supplying
water to customer in communities of comparable size.
When the Railroad and Public Utilities Commission shall have
determined a reasonable schedule of charges the Water Department of the City
of Niota shall within sixty (60) days give effect thereto, and the approval of such
schedule of rates by the Mayor and Board of Commissioners shall not be
required before same becomes effective. Such schedule of rates may be revised
from time to time after a hearing on petition of the municipality, or any citizen
thereof. Said petition shall aver that the revenues are more than sufficient for
the needs of the Water Department and shall be supported by exhibits to sustain
the averments. The Water Department of the City of Niota may furnish water
to customers beyond the city limits but the rate schedule for such customers
shall be surcharged and increased over and above the rate fixed for customers
within the city limits, on a basis also determined by the Railroad and Public
Utilities Commission.
SECTION 19. [Repealed by Priv. Acts 1981, ch. 14, § 2]
SECTION 20. Be it further enacted, That it is hereby declared to be the
express intention of the Legislature to pass each and every portion of this Act,
and if, for any reason, any Court of competent jurisdiction shall declare any
section or portion hereof, unconstitutional, such invalidity shall not affect any
other portion or portions hereof.
SECTION 21. Be it further enacted, That all laws or part of laws, in
conflict with the provisions of this Act be and the same are hereby repealed.
SECTION 22. Be it further enacted, That this Act shall take effect from
and after its passage, the public welfare requiring it.
C-19
Passed: February 16, 1949.
McAllen Foutch,
Speaker of the House of Representatives.
Walter M. Haynes,
Speaker of the Senate.
Approved: February 18, 1949.
Gordon Browning,
Governor.
C-20
CHAPTER NO. 492
Senate Bill No. 899
(By Burn)
AN ACT to amend Chapter 48 of the Private Acts of the General Assembly of
the State of Tennessee for the year 1919, and all Acts amendatory
thereof, which constitute the Charter of the City of Niota, so as to
authorize a planning commission of three members, none of whom need
be a member of the legislative body; to redefine the corporate limits and
provide a referendum thereon; and for the other purposes germane to said
primary purposes.
SECTION 1. Be it enacted by the General Assembly of the State of
Tennessee, That Chapter 48 of the Private Acts of the General Assembly of the
State of Tennessee for the year 1919, and all Acts amendatory thereof, which
constitute the Charter of the City of Niota, are hereby amended as hereinafter
set out.
SECTION 2. Be it further enacted, That any planning commission
created and established by said municipality may consist of three mmebers,
instead of five members as required by the general statutes, and it shall not be
required that one member thereof be a member of the legislative body; this
provision being permissive only and not mandatory.
SECTION 3. Be it further enacted, That the boundary line of the City of
Niota, and the portion of McMinn County within said lines that shall hereafter
constitute said municipality, shall be as follows:
Beginning at a point eight hundred feet (800) east of the old road on the
ridge southeast of the City of Niota, in line with the east and west line that runs
south of the R. A. Johnson property; thence west with the aforesaid east and
west line to the west side of the Southern Railway right-of-way; thence
southwest with said right-of-way to the line between J. G. Willson and J. C.
Cate; thence west, passing between the residences of J. C. Cate III and J. G.
Willson, to the west side of the Lee Highway; thence southwest with said Lee
Highway eight hundred feet (800'); thence west to a point eight hundred feet
(800') perpendicular from Little Mouse Creek; thence in a northeasternly
direction up the valley, parallel with the creek but eight hundred feet (800')
therefrom, to the property line of Tom Sherman and Tola S. Walker; thence west
with said Sherman-Walker property line to their southwest corner; thence in a
northernly direction to the northwest corner of the J. P. Brady barn on top of the
hill; thence in a northernly direction; passing to the west of the Will Arnwine
C-21
residence, to a point eight hundred (800') perpendicular to and northeast of the
Union Grove Road; thence in a southeasternly direction, passing to the north of
the Sherman-Walker residence to the southeast side of Willson Street, (the Lee
Highway); thence northeast with the southeast side of Willson Street (the Lee
Highway) to the intersection of the old Niota-Sweetwater graded road; thence
south with the west side of said road to the northwest side of the Southern
Railway right-of-way to the present city limits; thence southeast across the
railroad and right-of-way; thence in an easternly direction, passing; fifty feet
(50') north of the residence of Tom Brakebill, to a point eight hundred feet (800')
perpendicular to the old Niota-Sweetwater graded road; thence south to the
eastern brow of the ridge; thence in a southwesternly direction with the eastern
brow of the ridge passing to the southeast of the residences of Otis Cobble,
Leslie DeWitt and Nannie Moree, also southeast of the city water reservoir, to
the point of the beginning.
SECTION 4. [Repealed by Priv. Acts 1981, ch. 14, § 2]
SECTION 5. Be it further enacted, That at the next regular election of
the City of Niota, on petition therefor being filed by twenty per cent of the
qualified voters, as shown by the total vote cast in the preceding election, the
Board of Election Commissioners for McMinn County shall cause to be printed
upon the ballot to be used in said election: "For new city limits" and "Against
new city limits." The result shall be certified to the Mayor and Board of
Commissioners of the City of Niota and in the event a majority shall be cast
against the new city limits the boundary of the City of Niota shall be the same
as before this Act was enacted.
SECTION 6. Be it further enacted, That the provisions of that Act are
hereby declared to be severable. If any of its sections, provisions, exceptions,
sentences, clauses, phrases or parts be held unconstitutional or void, the
remainder of the Act shall continue in full force and effect, it being the
legislative intent now hereby declared, that this Act would have been adopted
and enacted even if such unconstitutional and void matter had not been
included therein.
SECTION 7. Be it further enacted, That allows, and parts of law, in
conflict with the provisions of this Act be, and the same are hereby repealed.
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SECTION 8. Be it further enacted, That this Act shall take effect from
and after its passage, except that Section 3 shall take effect February 1, 1950,
the public welfare requiring it.
Passed: April 5, 1950.
Walter M. Haynes,
Speaker of the Senate.
McAllen Foutch,
Speaker of the House of Representatives.
Approved: April 6, 1949.
Gordon Browning,
Governor.
C-23
These acts, since they apply to all municipalities in McMinn County in 1
which a newspaper is published, have not been included in this compilation.
Act authorizing bond issues for particular purposes were not included in 2
the foregoing unofficial compilation but have been listed here for historical
reference.
PRIVATE ACTS COMPRISING THE CHARTER OF THE CITY OF
NIOTA, TENNESSEE
YEAR CHAPTER SUBJECT
1919 48 Basic charter act.
1921 46 Amended § 1 of the charter relative to
boundaries and § 2 relative to elections.
1923 164 Required proceeding of governing body to be 1
published in a newspaper.
1923 538 Required proceeding of governing body to be 1
published in a newspaper.
1939 498 Authorized $25,000.00 waterworks bond issue. 2
1939 509 Authorized $25,000.00 electric plant bond 2
issue.
1943 137 Repealed §§ 12, 13 and 14 of the charter and
provided for McMinn County Election
Commission to hold city elections.
1949 206 Extensively revised the charter but didn't
state which sections of the charter it amended.
This act is produced in its entirety after the
charter.
C-24
Abutting property laws were not included in the foregoing unofficial 1
compilation because similar laws are now provided in the general laws of the
state for use by all cities.
YEAR CHAPTER SUBJECT
1949 484 Abutting property law. 1
1949 492 Amended § 1 of the charter relative to
boundaries and provided for composition of
planning commission.
1961 113 Amended Priv. Acts 1949, ch. 506, § 5.
1963 92 Amended § 28 of the charter relative to
corporate powers of the board of
commissioners.
1972 321 Amended Priv. Acts 1949, ch. 206, § 5.
1977 14 Amended Priv. Acts 1949, ch. 206, § 5.
1980 230 Replaced § 30 of the charter relative to city
recorder and replaced § 31 of the charter
relative to city judge.
1981 14 Amended § 26 of the charter relative to taxes
and deleted Priv. Acts 1949, ch. 206, § 19 and
Priv. Acts 1949, ch. 492, § 4 in their entirety.
1990 174 Amended § 2 of the charter relative to city
recorder and board of education and amended
Priv. Acts 1949, ch. 206, § 4.
1997 91 Not ratified locally.

CITY CHARTER