Niota

SENATE BILL 2725
By Lowe

HOUSE BILL 2661
By Cochran
HB2661
012900
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AN ACT to amend Chapter 48 of the Private Acts of 1919; as
amended and rewritten by Chapter 15 of the Private Acts
of 2013; Chapter 25 of the Private Acts of 2016; Chapter
18 of the Private Acts of 2023; and any other acts
amendatory thereto, relative to the city of Niota.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter 48 of the Private Acts of 1919, as amended and rewritten by
Chapter 15 of the Private Acts of 2013, Chapter 25 of the Private Acts of 2016, Chapter 18 of
the Private Acts of 2023, and any other acts amendatory thereto, which comprise the charter of
the City of Niota, is amended by deleting the charter and substituting:
ARTICLE I CORPORATE CAPACITY
Section 1. In corporation. That the City of Niota, in the County of McMinn, and
the inhabitants thereof, are hereby constituted a body politic and corporate, under the
name of the City of Niota and shall have perpetual succession as a municipal
corporation, and by the corporate name may sue and be sued, plead and be pled, in all
the courts of law and equity in this State; 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 the pleasure of the City.
Section 2. Boundaries. The boundaries of Niota shall embrace 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

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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 Ill 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 municipality under the name
and style of City of Niota.

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In addition to the boundaries described herein, the City's boundary shall
include any property or areas annexed subject to Chapter 48 of the Private Acts
of 1919.
ARTICLE II POWERS
Section 1. Powers enumerated. The Mayor and Board of Commissioners shall
have the power to:
(1) Assess, levy and collect taxes for all general and special purposes on
all subjects or objects of taxation, and privileges taxable by law for state, county
or municipal purposes;
(2) Adopt classifications of the subjects and objects of taxation that are
not contrary to law;
(3) Make special assessments for local improvements;
(4) Contract and be contracted with;
(5) Incur debts by borrowing money or otherwise, and give any
appropriate evidence thereof, in the manner hereinafter provided;
(6) Issue and give, sell, pledge or in any manner dispose of, negotiable
or nonnegotiable interest-bearing or noninterest-bearing bonds in accordance
with state law, warrants, promissory notes or orders of the municipality, upon the
credit of the municipality or solely upon the credit of specific property owned by
the municipality or solely upon the credit of income derived from any property
used in connection with any public utility owned or operated by the municipality,
or solely upon the credit of the proceeds of special assessments for local
improvements, or upon any two (2) or more such credits;
(7) Expend the money of the municipality for all lawful purposes;
(8) Acquire or receive and hold, maintain, improve, sell, lease, mortgage,
pledge or otherwise dispose of property, real or personal, and any estate or
interest therein, within or without the municipality or state;

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(9) Condemn property, real or personal, or any easement, interest, or
estate or use therein, either within or without the municipality, for present or
future public use; the condemnation shall be effected in accordance with the
terms and provisions of Tennessee Code Annotated, Title 29, Chapter 16, or in
any other manner provided by law;
(10) Take and hold property within or without the municipality or state
upon trust; and administer trusts for the public benefit;
(11) Acquire, construct, own, operate and maintain, or sell, lease,
mortgage, pledge or otherwise dispose of public utilities or any estate or interest
therein, or any other utility of service to the municipality, its inhabitants, or any
part thereof, and, further, may issue debt for these purposes in accordance with
state law;
(12) Grant to any person, firm, association or corporation (including the
municipality) franchises for public utilities and public services to be furnished the
municipality and those therein. The power to grant franchises shall embrace the
power to grant exclusive franchises. Whenever an exclusive franchise is
granted, it shall be exclusive not only as against any other person, firm,
association, or corporation, but also against the municipality itself. Franchises
may be granted for a period of twenty-five (25) years or less, but not longer. The
board may prescribe in each grant of a franchise, the rate, fares, charges and
regulations that may be made by the grantee of the franchise in accordance with
state and federal law. Franchises may by their terms apply to the territory within
the corporate limits of the municipality at the date of the franchises, and as the
corporate limits may be enlarged, and to the existing streets, alleys and
thoroughfares that may be opened after the grant of the franchise;
(13) Make contracts with any person, firm, association or corporation for
public utilities, public services to be furnished to the municipality and those in the

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municipality. The board approves all contracts. The Mayor signs the approved
contracts which are witnessed by the Recorder. The power to make contracts
embraces the power to make exclusive contracts. When an exclusive contract is
entered into, it shall be exclusive against any other person, firm, association or
corporation. These contracts may be entered into for a period of twenty-five (25)
years or less, but not longer. The board may prescribe in each such contract
entered into, the rates, fares, charges, and regulations that may be made by the
person, firm, association or corporation with whom the contract is made in
accordance with state and federal law. Such contracts may by their terms apply
to the territory within the corporate limits of the municipality at the date of the
contract, and as the corporate limits may be enlarged, and to the then existing
streets, alleys and thoroughfares and to any other streets, alleys and other
thoroughfares that thereafter may be opened after the grant of the contract;
(14) Prescribe reasonable regulations regarding the construction,
maintenance, equipment, operation and service of public utilities; compel
reasonable extensions of facilities for these services; and assess fees for the use
of or impact upon these services. Nothing in this subdivision (14) shall be
construed to permit the alteration or impairment of any of the terms or provisions
of any exclusive franchise granted or of any exclusive contract entered into under
subdivisions (12) and (13);
(15) Establish, open, relocate, vacate, alter, widen, extend, grade,
improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public
highways, streets, boulevards, parkways, sidewalks, alleys, parks, public
grounds, public facilities, libraries and squares, wharves, bridges, viaducts,
subways, tunnels, sewers and drains within or without the corporate limits,
regulate their use within the corporate limits, assess fees for the use of or impact

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upon such property and facilities, and take and appropriate property therefore
under the provisions of state law;
(16) Construct, improve, reconstruct and reimprove by opening,
extending, widening, grading, curbing, guttering, paving, graveling,
macadamizing, draining or otherwise improving any streets, highways, avenues,
alleys or other public places within the corporate limits, and assess a portion of
the cost of these improvements on the property abutting on or adjacent to these
streets, highways or alleys under, and as provided by state law or any other
manner provided by general law;
(17) Assess against abutting property within the corporate limits the cost
of planting shade trees, removing from sidewalks all accumulations of snow, ice,
and earth, cutting and removing obnoxious weeds and rubbish, street lighting,
street sweeping, street sprinkling, street flushing, and street oiling, the cleaning
and rendering sanitary or removal, abolishing, and prohibiting of closets and
privies, in such manner as may be provided by general law or by ordinance of the
board;
(18) Acquire, purchase, provide for, construct, regulate and maintain and
do all things relating to all marketplaces, public buildings, bridges, sewers and
other structures, works and improvements;
(19) Collect and dispose of drainage, sewage, ashes, garbage, refuse or
other waste, or license and regulate their collection and disposal, and the cost of
collection, regulation, or disposal may be funded by taxation, special assessment
to the property owner, user fees or other charges;
(20) License and regulate all persons, firms, corporations, companies
and associations engaged in any business, occupation, calling, profession or
trade not prohibited by law;

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(21) Impose a license tax upon any animal, thing, business, vocation,
pursuit, privilege or calling not prohibited by law;
(22) Define, prohibit, abate, suppress, prevent and regulate all acts,
practices, conduct, business, occupations, callings, trades, use of property and
alI other things whatsoever detrimental, or liable to be detrimental, to the health,
morals, comfort, safety, convenience or welfare of the inhabitants of the
municipality, and exercise general police powers;
(23) Prescribe limits within which business occupations and practices
liable to be nuisances or detrimental to the health, morals, security or general
welfare of the people may lawfully be established, conducted or maintained;
(24) Inspect, test, measure and weigh any article for consumption or use
within the municipality, and charge reasonable fees therefore, and provide
standards of weights, tests and measures in such manner as may be provided by
state law;
(25) Regulate the location, bulk, occupancy, area, lot, location, height,
construction and materials of all buildings and structures in accordance with
general law, and inspect all buildings, lands and places as to their condition for
health, cleanliness and safety, and when necessary, prevent their use and
require any alteration or changes necessary to make them healthful, clean or
safe;
(26) Provide and maintain charitable, educational, recreative, curative,
corrective, detentive, or penal institutions, departments, functions, facilities,
instrumentalities, conveniences or services;
(27)
(A) Enforce any ordinance, rule or regulation by fines, forfeitures,
and penalties, and by other actions or proceedings in any court of
competent jurisdiction.

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(B) No fine may exceed fifty dollars ($50.00) or the maximum
allowable under general state law, whichever is greater, for violation of
municipal ordinances.
(28) Regulate, tax, license or suppress the keeping or going at large of
animals within the municipality, impound them, and in default of redemption, sell
or kill them;
(29) Call elections as herein provided;
(30) By ordinance, assess, impose, levy and collect impact fees from
new land developments within the municipal limits, provided that the impact fees
are limited to the reasonably anticipated costs of public improvements generated
by such developments, and provided that the impact fee system and formula is
prescribed by ordinance; however, no impact fee or adequate facilities tax shall
be imposed that violates the provisions of the County Powers Relief Act, codified
in state law;
(31) To make regulations to secure the general health, safety and
welfare of the inhabitants, and to require the owners of property to keep, maintain
and repair their property in a manner both safe and conducive to the good health,
safety and welfare of the citizens of the city. For that purpose the city shall have
the right to adopt ordinances requiring property owners at their expense to repair,
close or demolish unsafe and unhealthy structures on their property and requiring
property owners that the expense to remove from their property unsafe and
unhealthy manmade and natural material, including junk motorized and non-
motorized vehicles of every kind and description, debris, trash, litter and garbage,
and growth of vegetation, including weeds, trees, vines, grass, and underbrush,
and upon the failure or refusal of any property owner to comply with such
ordinances, to repair, close or demolish such structures, or to remove from the
property such man-made and natural material at the city's expense. The city

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shall file with the register of deeds in the county where the property lies notice of
the city's expense, which notice shall be a lien on the property in favor of the city,
second only to liens of the state, county and city for property taxes, any lien of
the city, for special assessments, and any valid lien, right or interest in such
property duly recorded or perfected, prior to the filing of such notice, and the
expenses shall be collected by the city's tax collector at the same time and in the
same manner as property taxes are collected; and
(32) Have and exercise all powers that now or hereafter it would be
competent for this charter specifically to enumerate, as fully and completely as
though such powers were specifically enumerated.
ARTICLE Ill ELECTIONS
Section 1. Date of general City election. A general City election shall be held on
the first Tuesday after the first Monday in November 2010 and each even numbered
year thereafter.
Section 2. General election laws apply. All elections shall be conducted by the
Commissioners of Elections of McMinn County in accordance with the general election
laws and this Charter.
Section 3. Voter qualification requirements. Any person who is a resident of the
City of Niota and qualified to vote for members of the General Assembly and other civil
officers for McMinn County shall be entitled to vote in elections for Mayor and
Commissioner. The same qualifications for voting in all other City elections or referenda
shall apply unless otherwise provided by law.
ARTICLE IV MAYOR AND BOARD OF COMMISSIONERS
Section 1. Composition, eligibility, election, terms, and re-election.
(a) Composition. There shall be a Mayor and Board of Commissioners
composed of the Mayor and five (5) Commissioners.

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(b) Eligibility. Only registered voters of the City who are bona fide
citizens, and current residents of the City for at least one (1) year, shall be
eligible to seek and hold the office of Commissioner or Mayor.
(c) Election and Terms.
(1) The three (3) Commissioners elected in the general City
election held on the first Tuesday of November of 2008 shall continue to
hold office until their successors are elected in the general City election
held on the first Tuesday in November of 2012. The Mayor and two (2)
Commissioners elected in the general City election held on the first
Tuesday of November of 2010 shall continue to hold office until their
successors are elected in the general City election held on the first
Tuesday in November 2014.
(2) It is the intent of this Charter to continue the existing pattern of
staggered four-year terms for the positions of Mayor and Commissioner.
The term of office for those City officials elected in November 2010 and in
all even numbered years thereafter shall commence with them taking
their oath of office at the first regular meeting of the Board of
Commissioners following the certification of the election by the McMinn
County Commissioners.
(3) The Mayor and any Commissioner shall be eligible for re-
election.
Section 2. Compensation: expenses. The salary of the Mayor and
Commissioners shall be set by ordinance in conjunction with the annual budget;
provided, however, any change in salary shall take effect only with the start of a new
term of office for the Mayor and Commissioners. The Mayor and Board of
Commissioners may receive reimbursement for their actual and necessary expenses
incurred in the performance of their duties of office, if authorized by ordinance.

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Section 3. Commissioner's supervision.
(a) That the Mayor and the Board of Commissioners shall, at the first
regular meeting after their election and qualification, designate by majority vote
the member who may have responsibility of the finances of the City, the member
who may have responsibility of the public safety, the member who may have
responsibility of the streets, alleys and public places of the City, the member who
may have responsibility of the water department, and the member who may have
responsibility of the sewage and sanitary conditions within the City. At the first
regular meeting after their election and qualification, Commissioners shall choose
to (or choose to not) serve as a supervisor over the operations (not personnel) of
a specific department.
(b) The Commissioner of Finance and Taxation shall have responsibility
over the finances of the City. The Commissioner of Public Safety shall have
responsibility over the Police and Fire Departments. The Commissioner of
Streets shall have responsibility over the streets and alleys within the
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 Water shall have responsibility over
the water works. The Commissioner of Sewage and Sanitation shall have
responsibility over any sewage disposal system, shall, as far as practical, 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.
(c) 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 responsibility of one (1) department to
the responsibility of another department more often than once in six (6) months.

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(d) Each Commissioner shall, at the meetings of the Board, make a 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 a Commissioner hereinabove assigned shall
be handled by members of the Board jointly, or as may be agreed upon.
(e) As used in this section (3) under Article IV, the word "responsibility" is
defined as consultation regarding operations and reporting of departmental
issues to the Mayor and Board of Commissioners. It is not defined as
supervision or management for the department.
Section 4. Quorum/Voting.
That the Mayor or Vice Mayor and three (3) 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 or Vice Mayor and two (2) members of the Board of
Commissioners in the case of a tie, will be necessary to adopt any motion,
resolution or ordinance, or to pass any measure.
Section 5. Mayor.
(a) The Mayor:
(1) Shall be the chief executive officer of the municipality and
shall preside at meetings of the Board of Commissioners;
(2) Shall communicate any information needed, and recommend
measures the Mayor deems expedient to the Board;
(3)

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(A) Shall make temporary appointments of any officer or
department head in case of absence, sickness or temporary
disability;
(B) May be confirmed by the Board or the Board may
otherwise appoint a person to the fill the vacant office unless this
duty has been delegated as authorized in this charter;
(4)
(A) May call special meetings of the Board upon adequate
notice to the Board and adequate public notice;
(B) Shall state the matters to be considered at the special
meeting and the action of the Board shall be limited to those
matters submitted;
(5) Shall countersign checks and drafts drawn upon the treasury
by the Treasurer and sign all contracts to which the municipality is a party
unless this duty has been assigned to some other officer of the city by the
Board;
(6) As a member of the Board, may make motions and shall not
have a vote on all matters coming before the Board except in the event of
a tie vote; and
(7) Shall make appointments to boards and commissions as
authorized by law.
Section 6. Vice Mayor.
(a) The Board of Commissioners at the first regular meeting following
each regular City election shall elect a member of the Board to the office of Vice-
Mayor who shall serve as Mayor when the Mayor is absent or unable to
discharge the duties of the Mayor's office, and, in case of a vacancy in the office
of Mayor, for the remainder of the unexpired term.

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(b) If the Vice-Mayor fills a vacancy in the office of Mayor, the remaining
members of the Board shall fill a vacancy in the office of commissioner for the
unexpired term, and they shall elect from their membership a new Vice-Mayor
who shall serve until the first regular meeting of the Mayor and Board of
Commissioners following the next regular City election.
(c) In the absence of the Mayor and Vice-Mayor, the Commissioners
shall designate one of its numbers to preside at meetings, and who shall retain
all of the voting rights of a Commissioner.
Section 7. Prohibitions. Holding Other Office. No member of the Mayor and
Board of Commissioners shall hold any other county, state or federal office during the
term for which he was elected to Mayor and Board of Commissioners. No member of
the Mayor and Board of Commissioners shall be an employee of the City while serving in
an elected capacity. No former member of the Mayor and Board of Commissioners shall
hold any compensated appointive office or employment with the City until after the
expiration of the term for which elected or appointed to the Mayor and Board of
Commissioners. Nothing in this section shall be construed to prohibit the Mayor and
Board of Commissioners from selecting any current or former member of the Mayor and
Board of Commissioners to represent the City on the governing board of any regional or
other intergovernmental agency.
Section 8. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of Mayor or Commissioner shall become
vacant upon the member's death, resignation, removal from office or forfeiture of
office in any manner authorized by law.
(b) Resignation of Office. The Mayor or Commissioner shall resign that
office if the Mayor or Commissioner:
(1) Lacks at any time during the term of office for which elected
any qualification for the office prescribed by this Charter or by law;

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(2) Violates any express prohibition of this Charter;
(3) Is convicted of a state or federal felony, appeals
notwithstanding, as permitted by state law; or
(4) Fails to maintain a bona fide residence within the City, as
permitted by state law.
(c) Filling of Vacancies. 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 Mayor and Board of Commissioners. 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 Mayor and
Commissioners.
Section 9. Investigations. The Mayor and Board of Commissioners may make
investigations into the affairs of the City and the conduct of any City department, office or
agency and for this purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence.
Section 10. Meetings.
(a) Until otherwise provided by ordinance, regular meetings of the Mayor
and Board of Commissioners shall be held on the second Monday of each month
and special meetings may be called at any time by the Mayor or two (2)
Commissioners. When such day falls on a legal holiday, the meeting shall be on
the next following day unless otherwise prescribed by the Board of
Commissioners. Whenever in the opinion of the Mayor, the Vice-Mayor when
acting as Mayor, or of any three (3) Commissioners, the welfare of the City
demands it, the Recorder shall call a special meeting of the Board of
Commissioners by publishing or broadcasting a notice at least twenty-four (24)

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hours before the meeting. The notice shall state the matters to be considered at
the special meeting and the action of the Board shall be limited to those matters.
(b) The Mayor shall preside at all meetings of the Mayor and Board of
Commissioners.
Section 11. Oath of office. The Mayor and Board of Commissioners shall,
before entering upon their duties, each take and subscribe and file with the Recorder an
oath or affirmation to support the Constitution of the United States and of the State of
Tennessee and the Charter and Ordinances of the City of Niota, and that he will faithfully
discharge the duties of his office.
Section 12. Procedure for adopting ordinances.
(a) All ordinances shall begin with the clause, "Be it ordained by the
Mayor and Board of Commissioners of the City of Niota, Tennessee." An
ordinance may be introduced by the Mayor or any of the five (5) Commissioners.
The body of ordinances may be omitted from the minutes on first passage, but
reference therein shall be made to the ordinance by title and subject matter.
Every ordinance shall be passed on two (2) different days, at regular, special or
adjourned meetings, with at least one (1) passage occurring at a regular meeting.
(b) Copies of the text of every ordinance must be made available to the
public during every meeting in which the ordinance is subject to passage. Every
ordinance must receive at least a majority vote of those present and voting on
each reading of the ordinance for passage. Every ordinance shall be effective
upon final passage unless by its terms the effective date is deferred. Every
ordinance upon final passage shall be signed by the Mayor, and shall be
immediately taken charge of by the Recorder and numbered, copied in an
ordinance book and there authenticated by the signature of the Recorder, and
filed and preserved in the Recorder's office.

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Section 13. Legislative action which must be exercised by ordinance. Except as
otherwise provided by general law or this Charter, legislative action of the Board of
Commissioners shall be by ordinance when granting, renewing or extending public
franchises; creating, abolishing or combining departments or offices; authorizing the
borrowing of money; regulating the rate charged for its services by a public utility; fixing
fees, service charges and utility rates; levying taxes; providing a fine or other penalty or
establishing a rule or regulation for violation of which a fine or other penalty is imposed;
or amending or repealing an existing ordinance.
ARTICLE V CITY ADMINISTRATOR
Section 1. Duties of City Administrator.
(a) The Mayor and Board of Commissioners may appoint a full- or part-
time City Administrator who shall serve at the will of the Board. If the Mayor and
Board of Commissioners do not appoint a City Administrator, the Mayor and
Board of Commissioners perform the duties assigned to that position.
(b) The City Administrator performs the following duties:
(1)
(A) Recommend to the Mayor and Board of
Commissioners the employment, promotion, discipline,
suspension and discharge of all employees and department heads
(except the City Attorney and City Recorder), in accordance with
personnel policies and procedures, if any, adopted by the Mayor
and Board of Commissioners and with state law. The Mayor and
Board of Commissioners vote to accept or reject each
recommendation made by the Administrator pertaining to the
above;
(B) All officials and employees of the City of Niota shall be
elected or appointed with reference to their qualifications and

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fitness for public service and without reference to their religious
belief, or political or party affiliation; and
(C) Nothing in this charter shall be construed as granting a
property interest to employees or department heads in their
continued employment;
(2) Act as purchasing agent for the municipality in the purchase of
all materials, supplies and equipment for the proper conduct of the
municipality's business; provided, that all purchases shall be made in
accordance with policies, practices and procedures established by the
Mayor and Board of Commissioners, in accordance with state law;
(3) Prepare and submit the annual budget and capital program to
the Mayor and Board of Commissioners for their adoption by ordinance;
(4) Administer the business of the City;
(5) Make recommendations to the Mayor and Board of
Commissioners for improving the quality and quantity of public services to
be rendered by the officers and employees to the inhabitants of the City;
(6) Keep the Mayor and Board of Commissioners fully advised as
to the conditions and needs of the city;
(7) Report to the Mayor and Board of Commissioners on the
condition of all property, real and personal, owned by the City and
recommend repairs or replacements as needed;
(8) Recommend to the Mayor and Board of Commissioners and
suggest the priority of programs or projects involving public works or
public improvements that should be undertaken by the City;
(9) Recommend specific personnel positions, as may be required
for the needs and operations of the City, and may propose personnel

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policies and procedures for approval of the Mayor and Board of
Commissioners; and
(10) Perform such other duties as may, from time to time, be
designated or required by the Board of Mayor and Commissioners.
Section 2. Vacancy in the office of city administrator. During a vacancy in the
office of City Administrator, the Mayor and Board of Commissioners may appoint an
acting City Administrator, may designate a department head as acting City Administrator
or may assign the duties of the City Administrator to the Mayor.
Section 3.
(a) Appointments and removals. Pursuant to this Charter, Article V,
Section 1(a), all appointments and removals of city employees must be
recommended by the City Administrator and approved by the Mayor and Board
of Commissioners. No member of the Mayor and Board of Commissioners shall
in any manner dictate the appointment or removal of any City Administrative
Officer or employee whom the City Administrator or any subordinate of the City
Administrator is empowered to appoint, but members of the Mayor and Board of
Commissioners may express their views and fully and freely discuss with the City
Administrator anything pertaining to appointment and removal of such officers
and employees.
(b) Interference with administration. Except for the purpose of inquiries
and investigations under Article IV, Section 9, the Mayor and Board of
Commissioners or its members shall deal with city officers and employees who
are subject to the direction and supervision of the City Administrator solely
through the City Administrator, and neither the Mayor and Board of
Commissioners nor its members shall give orders to any such officer or
employee, either publicly or privately.
ARTICLE VI CITY ATTORNEY

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Section 1. Qualifications. The City Attorney shall be an attorney at law entitled
to practice in the courts of the State of Tennessee.
Section 2. Appointment, duties, and compensation. The City Attorney shall be
appointed by the Mayor and Board of Commissioners and shall direct the management
of all litigation in which the City is a party, including the function of prosecuting attorney
in the city court; represent the City in all legal matters and proceedings in which the City
is a party or interested, or in which any of its officers is officially interested; attend all
regular Board meetings and any other meetings when requested by the Mayor and
Board of Commissioners; advise the Mayor and Board of Commissioners, and
committees or members thereof, the City Administrator, and the heads of all
departments and divisions as to all legal questions affecting the City's interests; and
approve as to form all contracts, deeds, bonds, ordinances, resolutions and other
documents to be signed in the name of or made by or with the City. The City Attorney's
compensation shall be fixed by the Mayor and Board of Commissioners and such person
shall serve at the will of the Board.
ARTICLE VII CITY RECORDER
Section 1. Appointment, compensation, and specific requirements, powers and
duties of office. The City Recorder shall be appointed by the City Administrator. The
duties of the City Recorder shall be designated by the Mayor and Board of
Commissioners. The City Recorder shall execute and file a corporate surety bond in an
amount determined by the Mayor and Board of Commissioners 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 cost of such bond shall be an expense of the City.
When required, the City Recorder shall, by his signature and the City seal, attest
instruments signed in the name of the City and official acts of the Mayor. The City
Recorder shall have power to administer oaths.

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Section 2. Shall keep minutes. It shall be the duty of the City Recorder to be
present at all meetings of the Board of Commissioners and to keep a full and accurate
record of all business transacted by the same, to be preserved in permanent book form.
Section 3. Shall be custodian of public records, bonds, etc. The City Recorder
shall have custody of and preserve in his office, the City seal, the public records,
ordinance books, minutes of the Mayor and Board of Commissioners, contracts, bonds,
title deeds, certificates and papers, all official indemnity or security bonds except his own
bond, which shall be in the custody of the City Administrator, all other bonds, oaths and
affirmations, all other records, papers and documents not required by this Charter or by
ordinance to be deposited elsewhere, to be registered by numbers, dates and contents,
and keep an accurate and modern index thereof.
Section 4. Shall provide and certify copies of records, papers, etc. The City
Recorder shall provide, and, when required by any officer or person, certify copies of
records, papers and documents in his office and charge therefore in accordance with
state law, for the use of the City, such fees as may be provided by ordinance and cause
copies of ordinances to be printed, as may be directed by the Mayor and Board of
Commissioners, and kept in his office for distribution.
Section 5. Keep records of fiscal affairs. The City Recorder shall exercise a
general supervision over the fiscal affairs of the City including all enterprise funds, and
general accounting supervision over all the City's property, assets and claims. The City
Recorder shall be the general accountant and auditor of the City and shall have custody
of all papers, records and vouchers relating to the fiscal affairs of the City, and the
records in the City Recorder's office shall show the financial operations and condition,
property, assets, claims and liability of the City, all expenditures authorized and all
contracts in which the City is interested. The Finance Commissioner shall review bank
reconciliations, financial reports and balance sheets monthly for the board.

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Section 6. Shall be Treasurer. The City Recorder shall be the Treasurer of the
City; as such it shall be his duty to collect, receive and receipt for the taxes and all other
revenues and bonds of the City, and the proceeds of its bond issues, and to disburse the
same.
Section 7. Shall perform any other duties imposed. The City Recorder shall also
perform any other duties imposed upon him by this Charter or by ordinance.
ARTICLE VIII ADMINISTRATION
Section 1. Departments, offices, and agencies generally. The Mayor and Board
of Commissioners may establish City departments, offices or agencies in addition to
those created by this Charter, and may prescribe the functions of all departments, offices
and agencies not inconsistent with this Charter. Departments, offices and agencies
created by the Mayor and Board of Commissioners may be abolished or combined.
Section 2. Personnel rules. The Mayor and Board of Commissioners shall adopt
personnel rules, which may include, but not be limited to:
(a) A job classification plan;
(b) A pay plan; and
(c) The hours of work, attendance regulations and provisions for sick
leave and vacation leave.
Section 3. Officers, employees, etc., who handle money, shall be bonded. Every
officer, agent and employee having duties embracing the receipt, disbursement, custody
or handling of money shall, before entering upon his duties, execute a surety bond with a
surety company authorized to do business in the State of Tennessee, as surety, in such
amount as shall be prescribed by ordinance or this Charter. All such bonds and sureties
shall be subject to the approval of the Mayor and Board of Commissioners, and the
Mayor and Board of Commissioners may provide for blanket bonds. The cost of all
bonds shall be an expense of the City.
ARTICLE IX FINANCE

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Section 1. Fiscal year. The fiscal year of the City shall begin on the first day of
July and end on the last day of June.
Section 2. Annual departmental budgets required. The adoption of an annual
budget for all departments shall be a prerequisite to the appropriation of money for
municipal purposes and the levy of property taxes.
Section 3. City required to prepare and submit annual budget and explanatory
message. At least sixty (60) days before the beginning of the fiscal year, there shall be
prepared and submitted to the Mayor and Board of Commissioners a budget for the
ensuing fiscal year and an accompanying message. The message shall explain the
budget both in fiscal terms and in terms of work programs. It shall outline the proposed
financial policies of the City for the ensuing fiscal year, describe the important features of
the budget, indicate any major changes from the current year in financial policies,
expenditures and revenues together with the reasons for such changes, summarize the
City's debt position and include such other materials as deemed desirable.
Section 4. Required content and organization of budget. The budget shall
provide a complete financial plan of all City funds and activities for the ensuing fiscal
year, and, except as required by law or this Charter, shall be in such form as deemed
desirable by the Mayor and Board of Commissioners and the Comptroller of the
Treasury.
Section 5. Amendments to budget, when budget must be adopted, and effect of
adoption. The Mayor and Board of Commissioners shall adopt the budget by ordinance.
The Board may amend the budget by ordinance, but no amendment shall decrease
expenditures required by law for debt service. The budget shall be adopted for the
ensuing fiscal year before the end of the current fiscal year. Adoption of the budget shall
constitute appropriations of the amounts specified therein as expenditures from the
funds indicated. The Mayor and Board of Commissioners may adopt an ordinance
establishing a property tax levy or may include the tax rate in the budget ordinance.

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Section 6. Supplemental appropriations. If during the fiscal year the City
Recorder certifies that there are available for appropriation revenues in excess of those
estimated in the budget, the Mayor and Board of Commissioners may, by ordinance,
make supplemental appropriations for the year up to the amount of such excess.
Section 7. Deficits. If at any time during the fiscal year it appears probable to the
City Recorder that the revenues available will be insufficient to meet the amount
appropriated, he shall report to the Mayor and Board of Commissioners without delay,
indicating the estimated amount of the deficit, any remedial action taken by him and his
recommendations as to any other steps to be taken. The Mayor and Board of
Commissioners shall then take such further action as they deem necessary to prevent or
minimize any deficit and for that purpose it may by resolution reduce appropriations.
Section 8. Transfer of unencumbered appropriations. At any time during the
fiscal year the Mayor and Board of Commissioners may transfer part or all of any
unencumbered appropriation balance among programs within a department, office or
agency. The Board of Commissioners may by resolution transfer part or all of any
unencumbered appropriation balance from one department, office, or agency to another
within the same fund.
Section 9. Lapsing of appropriations. Every appropriation shall lapse at the end
of the fiscal year to the extent that it has not been expended or encumbered.
Section 10. lncurrence and discharge of obligations. No payment shall be made
or obligation incurred against any appropriation unless the City Recorder or an officer
designated by him first certifies that an appropriation has been made for that purpose
and that there is unexpended and unencumbered in the appropriation for that purpose
an amount sufficient to meet the obligation or to make the expenditure. However, except
where prohibited by law, nothing herein shall be construed to prevent the making or
authorizing of payments or making of contracts for capital improvements to be financed

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wholly or partly by the issuance of bonds or to prevent the making of any contract or
lease providing for payments beyond the end of the fiscal year.
Section 11. Accounting records and audits. There shall be installed and
maintained adequate accounting records in accordance with generally accepted
principles of municipal accounting. The same account titles shall be used throughout the
accounting records, the budget and financial statements. Constant and comprehensive
budgetary control shall be maintained. An audit of the financial affairs of the City shall
be required by action of the Mayor and Board of Commissioners and the same be made
after the end of each fiscal year by a public accountant skilled in such work. Any
taxpayer may file a bill in chancery court to compel the Mayor and Board of
Commissioners to have the audit made if such accountant has not been employed within
one (1) month after the end of the fiscal year.
ARTICLE X TAXATION
Section 1. Assessment and levy. All property within the City not exempt by
general law shall be assessed for taxation upon the same principles established in
regard to state and county taxation.
Section 2. Due and delinquent dates: penalties and interest. Property taxes
shall be payable on and after October 1 in the year for which assessed and shall
become delinquent on March 1 following. Unless otherwise provided by ordinance, an
interest and penalty of one and one-half of one percent (1 ½%) per month of the amount
of the delinquent taxes shall also be added on the first day of March, in which the taxes
become delinquent, and one and one-half of one percent (1 ½%) shall be added on the
first day of each month thereafter.
Section 3. Collection of delinquent taxes. The Mayor and Board of
Commissioners may provide by ordinance for the collection of delinquent real property
taxes by the City Recorder as provided by general law, or by the City Attorney acting in
accordance with general laws providing for the collection of delinquent city or county

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taxes. If not otherwise collected, the City Attorney, or other attorney designated by the
Mayor and Board of Commissioners, shall file suit for collection of all delinquent taxes
not later than eighteen (18) months following the date of delinquency.
Section 4. County may collect taxes. The City may contract with the county for
the collection of city taxes in accordance with general law.
ARTICLE XI CITY COURT
Section 1. City court established. A City Court is hereby established and
granted jurisdiction over all infractions of municipal ordinances of the City of Niota.
Section 2. Appointment, qualifications, oath, compensation, and restrictions on
office of City Judge. The City Judge shall be appointed by the Mayor and Board of
Commissioners at the first regular meeting following the regular city election in of each
even numbered year and shall serve until the first regular meeting in following the next
general city election or until his successor is appointed and has taken his oath of office.
Qualifications for the City Judge shall be established by ordinance by the Mayor and
Board of Commissioners. The City Judge shall be eligible for re-appointment. He shall
take the same oath required of the Mayor and Board of Commissioners. The Mayor and
Board of Commissioners shall establish the compensation of the City Judge by
ordinance. The City Judge shall not be eligible to hold elective offices for the City of
Niota.
Section 3. Duties and powers of the City Judge. The City Judge shall try all
persons charged with violation of the ordinances of the City. He shall have the power to
levy fines, penalties and forfeitures in accordance with such offense and to impose such
costs as the Mayor and Board of Commissioners may by ordinance provide in
accordance with state law, to issue all necessary process, to administer oaths and to
punish for contempt.
Section 4. Court policies and procedures. The policies and procedures
governing the day-to-day operations of the City Court shall be provided by ordinance.

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Section 5. City Judge to be the exclusive judge of law and facts. The City Judge
shall be the exclusive judge of the law and facts in every case before him, and no official
or employee of the City shall attempt to influence his decision except through pertinent
facts presented in court.
ARTICLE XII MISCELLANEOUS AND TRANSITIONAL PROVISIONS
Section 1. Corporate existence, existing ordinances and resolutions. The
corporate existence of the City of Niota is continued. All existing ordinances, resolutions
or other actions of the Mayor and Board of Commissioners not inconsistent with this
Charter shall remain in full force and effect until amended or repealed in the manner
herein provided.
Section 2. Expiration of terms of elected officers. The Mayor and Board of
Commissioners in office when this Act is ratified shall continue in office as the Mayor and
Board of Commissioners until their successors are elected and qualified.
Section 3. Legal effect of this Act. This act is declared to be a public act, and
may be read in evidence in all courts of law and equity. All ordinances and resolutions
and proceedings of the Mayor and Board of Commissioners created by this Charter may
be proven by the seal of such Corporation, attested by the City Recorder, and, when
printed and published by the authority of such Corporation and certified by the City
Recorder, shall be received in evidence in all courts and places without further proof.
Section 4. Severability. If any article, section, subsection, paragraph, sentence
or part of this Charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not effect or impair any other parts of this Charter unless it
clearly appears that such other parts are necessarily dependent upon the part or parts
held to be invalid or unconstitutional. It is the legislative intent in enacting this Charter
that each article, section, subsection, paragraph, sentence or part be enacted separately
and independently of each other.

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Section 5. Gender. Wherever, in this Charter, "man, men, him, his" or their
related pronouns may appear, either as words or as parts of words, they have been
used for literary purposes and are meant in their generic sense (i.e., to include all
humankind - both female and male sexes).
SECTION 2. Nothing in this act shall be construed as having the effect of removing any
incumbent from office or abridging the term of any official prior to the end of the term for which
such official was elected.
SECTION 3. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the legislative body of the City of Niota. Its approval or nonapproval shall be proclaimed by
the presiding officer of the legislative body and certified to the secretary of state.
SECTION 4. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
become effective as provided in Section 3.