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(a) The Town shall have the power to:
(1) Assess, levy, and collect taxes for all general and special purposes on all subjects and objects of taxation authorized by law;
(2) Adopt such classifications of subjects and objects of taxation as may not be 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 to give any appropriate evidence thereof;
(6) Issue and give, sell, pledge, or in any manner dispose of negotiable or non-negotiable interest-bearing or non-interest bearing bonds, warrants, promissory notes, or orders of the Town, upon the credit of the Town or solely upon the credit of specific property owned by the Town or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the Town 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 Town for all lawful purposes;
(8) Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge, or otherwise dispose of property, real or personal, mixed, and any estate or interest therein, including the acquisition of property for recreational use, within or without the Town or state. Furthermore, to regulate all public grounds belonging to the Town, to provide for the erection and repairing of all buildings and other improvements necessary for the use of the Town, and the power to convey property by sale to any purchaser thereof in any manner provided by the ordinances of the Town, when a property is no longer required for public use. The Town shall also make all necessary rules and regulations for the use of public grounds and property;
(9) Condemn property, real or personal, or any easement, interest, estate, or use therein, either within or without the Town, for present or future public use. Such condemnation shall be made and effected in accordance with the terms and provisions of general law;
(10) Take and hold property within or without the Town or state upon trust and to administer trusts for the public benefit;
(11) Acquire, construct, own, operate, maintain, sell, lease, mortgage, pledge, or otherwise dispose of public utilities or any estate or interest therein, or any other utility or service to the Town, its inhabitants, or any part thereof, whether within or without the corporate limits;
(12) Grant any person, firm, association, corporation or other legal entity franchises and/or contracts for public utilities and public services to be furnished to the Town and those therein. Such power to grant franchises and make contracts shall embrace the power hereby expressly conferred to grant exclusive franchises and make exclusive contracts; and whenever an exclusive franchise or contract is granted, it shall be exclusive not only as against any other person, firm, association, corporation, or other legal entity but also as against the Town itself. The board of mayor and aldermen may prescribe in each grant of a franchise, or in each contract respecting same, the rates, fares, charges, the method of determining same, and regulations that may be made by the grantee of the franchise or contract. Franchises or contracts may, by their terms, apply to the territory within the corporate limits of the Town at the date of the franchises or contracts and to such corporate limits thereafter as same may be enlarged and to the then existing streets, alleys, and to other thoroughfares which may be opened; provided, however, this paragraph shall not affect existing contracts or franchises;
(13) Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation, and service of public utilities and compel from time to time reasonable extensions of facilities for such services, but nothing herein 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 subsection 12 of Section 2.02;
(14) 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, golf courses, public grounds, and squares, bridges, viaducts, subways, sewers, and drains within or without the corporate limits, and to take any appropriate property for such uses as may be provided by general law;
(15) Construct, and improve any streets, highways, avenues, alleys, or other public places within the corporate limits, to take all other action necessary and incidental thereto, and to assess a portion of the cost of such improvements upon the property abutting upon,or adjacent to, such streets, highways, or alleys under and as provided by general law;
(16) Establish the limits of street, road and alley rights-of-way when necessary;
(17) Assess against abutting property within the corporate limits the cost of removing from sidewalks and other public property all accumulations of snow, ice, and earth; cutting and removing obnoxious weeds and rubbish; street lighting, street sweeping, street sprinkling, street flushing, and oiling; and cleaning and rendering sanitary, or removing, abolishing, or prohibiting of unsanitary conditions in such manner as may be provided by general law or by ordinance of the board of mayor and aldermen;
(18) License and regulate, in accordance with applicable law, all persons, firms, corporations, companies, associations and other legal entities engaged in any business, occupation, calling, profession, or trade;
(19) Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege, or calling unless prohibited by law;
(20) Define, prohibit, abate, suppress, prevent, and regulate all acts, practices, conduct, business, occupations, callings, trades, uses of property, and all other things whatsoever detrimental or liable to be detrimental to health, morals, comfort, safety, convenience or welfare of the inhabitants of the Town and to exercise general police powers;
(21) 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 be lawfully established, conducted or maintained;
(22) Inspect, test, measure and weigh any article for consumption or use within the Town and to charge reasonable fees therefor; and to provide standards of weights, tests and measures;
(23) Establish, regulate, license, and inspect weights and measures;
(24) Regulate the location, bulk, occupancy, area, lot, location, height, construction, and materials of all buildings and structures and to inspect all buildings, lands, and places as to their condition for health, cleanliness, and safety, and, when necessary, to prevent the use thereof and require any alteration or changes necessary to make them healthful, clean, or safe;
(25) Provide and maintain charitable, educational, recreative, curative, corrective, detention, or penal institutions, departments, functions, facilities, instrumentalities, conveniences, and services;
(26) Purchase or construct, maintain, and establish a penal facility for the confinement or detention of any person convicted in Town Court of offenses against the laws and ordinances of the Town and who is required to be confined as a result of such conviction or to contract with other governments to keep said persons in their penal facility(s) and to provide by said contract and by ordinance for the commitment of such persons to the penal facility(s) so provided;
(27) Enforce any ordinance, rule or regulation by means of fines, forfeitures, and penalties, or by action or proceedings in any court of competent jurisdiction, or by any one or more of such means and to impose costs as a part thereof, but no fine, forfeiture or penalty shall exceed five hundred dollars ($500) per violation, or as provided by State law, whichever is greater;
(28) Establish schools, determine the necessary boards, officers, and teachers required therefor, and fix their compensation; to purchase or otherwise acquire land for schoolhouses, playgrounds and other purposes connected with the schools; to purchase or erect all necessary buildings and to do all other acts necessary to establish, maintain, and operate a complete educational system within the Town;
(29) Regulate, tax, license, or suppress keeping or going at large of animals within the Town, to impound the same and in default of redemption, to sell or dispose of the same;
(30) Call elections as hereinafter provided;
(31) Determine the boundaries of the Town by appropriate survey or other acceptable method when necessary;
(32) Provide compensation and benefits program for the welfare of the employees and elected officials of the Town;
(33) Provide for the establishment and operation of all offices, boards, divisions, and departments not herein enumerated which may be deemed necessary or expedient in the interest of the Town;
(34) Provide for and establish a planning commission and a board of zoning appeals pursuant to, and consistent with, the general law and to invest such bodies with all the powers conferred by general law; and to act upon the plans, plats, decisions, and recommendations made by such bodies, respectively, as in the general law provided;
(35) Do all things necessary to provide the Town sufficient and safe water; to provide for the regulation, construction, and maintenance of water works, settling basins, pumping stations, water pipes, mains, rights-of-way for the same, reservoirs, and all appurtenances, whether within or without the corporate limits of the Town; to provide for rates and assessments for water service and to provide and fix liens or penalties including withdrawal of services for refusal or failure of the party served to pay for same;
(36) Provide for a sewerage collection, treatment, and disposal facility, whether within or without the corporate limits of the Town; to provide for rates and assessments for water service and to provide and fix liens or penalties including withdrawal of service for refusal or failure of the party served to pay for same;
(37) Collect and dispose of drainage, including storm water drainage, sewage, offal, ashes, garbage, and refuse, and to impose a compulsory service charge for such, or to license and regulate such collection and disposal;
(38) Provide an electric utility;
(39) Provide a gas utility system;
(40) Provide for health and safety of citizens, and preservation of property;
(41) Provide for and establish a design review commission for the purpose of developing aesthetic and architectural controls for the community, ensuring compatible development, promoting functional utility and property values, and maintaining balanced uses of land.
(42) Impose a historical preservation privilege tax on persons or entities constructing commercial and office developments on land within the corporate limits, as the Town deems appropriate, to pay the cost of capital improvements in the historic town square business district and other expenses related to such developments, including, but not limited to, incentive programs for private improvements and the providing of administrative services; and
(43) 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 these powers were specifically enumerated herein.
(b) In addition, if the present or any future provisions of the general law of the State of Tennessee would grant powers to the Town that are not specifically set forth herein, the Town shall also have such powers.
SECTION 2.03. INTERGOVERNMENTAL RELATIONS. The Town may exercise any of its powers or perform any of its functions and may participate in the financing, by contract or otherwise, jointly or in cooperation with any one or more states, political subdivisions, or civil divisions or agencies thereof of the government of the United States.
SECTION 2.04. CONSTRUCTION. The powers of the Town under this charter shall be construed liberally in favor of the Town, and the specific mention of particular powers in this charter shall not be construed as limiting in any way the general powers stated in this article or those otherwise available to the Town by general law.
SECTION 3.03. VOTER QUALIFICATION REQUIREMENTS. All persons who are qualified to vote for members of the General Assembly of the State of Tennessee and who have been actual bona fide residents and citizens of the Town for thirty (30) days next preceding the election shall be entitled to vote in all municipal elections.
SECTION 3.04. CERTAIN POLITICAL ACTIVITY PROHIBITED. No employee of the Town shall continue in the employment of the Town and hold office as mayor or alderman. Any employee who seeks elected office in the Town shall resign his position effective as of the date of the filing of his nominating petition. For purposes of this section only, a person holding the office of mayor or alderman shall not be considered an employee of the Town. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.01. COMPOSITION, ELECTION, TERM OF OFFICE, RE-ELECTION, AND RUNOFFS. The governing body of the Town shall consist of a mayor and five (5) aldermen to be known officially as the “board of mayor and aldermen,” in which is vested all corporate, legislative and other powers of the Town, except as otherwise provided in this charter. The board of mayor and aldermen shall hereinafter be referred to as the “board.”
The mayor and aldermen shall be elected for a term of four (4) years. The aldermen positions shall be numbered one (1) through five (5). Elections for the mayor and aldermen shall be held on a staggered schedule such that the mayor and aldermen positions 3 and 5 shall be held on the same election cycle, and elections for aldermen positions 1, 2, and 4 shall be held on a different election cycle but simultaneously with one another. At the time of filing a qualifying petition, any candidate for mayor or alderman shall select and designate the one position being sought.
Elections for mayor and aldermen shall be held on the date of the regular state election on the Tuesday following the first Monday of November of even-numbered years.
In all elections, the mayor and aldermen shall be elected from the Town at large. In the event that no candidate receives a majority of the votes cast for a particular office, a runoff election shall be held between the two (2) candidates receiving the largest number of votes for that office. A runoff election shall be held on the first Tuesday after the expiration of thirty (30) days next following the election in which no candidate received the majority of the votes cast for a particular office.
The board, in January of each year, shall elect an alderman to serve as vice mayor for a term of one (1) year. The vice mayor shall be eligible for re-election to such office.
The mayor and any alderman shall be eligible for re-election, subject to the limitations contained in Section 4.03, infra. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.02. TAKING OF OFFICE. Persons elected to the office of mayor and aldermen shall take office at an Oath of Office Ceremony following certification of their election by the Shelby County Election Commission; provided, however, that in the event of a runoff election, no newly elected member of the board shall take office until after the results of such runoff election are certified, following which all newly elected members of the board shall take office at an Oath of Office Ceremony after such certification. The Town Administrator shall set the date for the Oath of Office Ceremony within fourteen days (14) following certification of the election results by the Shelby County Election Commission. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.03 QUALIFICATIONS FOR OFFICE. No person shall be eligible to hold the office of mayor or alderman unless he is a qualified voter under the laws of the state of Tennessee, and has been a bona fide resident of the Town for at least twelve (12) months next preceding the election in which he is a candidate.
(a) No individual shall be eligible to be elected or qualified for the offices of mayor or alderman for more than three (3) cumulative four-year terms in the same office, not including parts of terms that could result from appointment to that position or election for less than the full four-year term. For purposes of this section, the offices of mayor and alderman shall be considered separate elected offices, but the offices of vice mayor and alderman shall not be considered separate elected offices.
This term limitation provision shall apply to each office as it becomes open for its next election following the effective date of this amendment. The previous service of an incumbent alderman or mayor (or any other individual who has previously served on the board) shall not count toward the application of these term limits.
(b) Any person who currently holds the position of mayor or alderman who files a nominating petition to run for a mayor or alderman position other than his own and whose own position is not up for reelection must, at least thirty (30) days prior to the filing deadline for nominating petitions for the next general Town election, submit a sworn letter of resignation to become effective on the date of the Oath of Office Ceremony following the next general Town election. Such resignation is irrevocable. For purposes of Sections 4.03 and 4.12 of this Article, a vacancy shall exist in the applicable office of mayor or alderman no earlier than the Oath of Office Ceremony following the next general Town election. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.04. SALARIES AND REIMBURSEMENT FOR EXPENSES OF OFFICIALS. The board is hereby authorized, by resolution upon the minutes, to establish the salaries for the Mayor, Vice-Mayor and Aldermen; provided, however, that no such increase shall take effect until there shall have occurred an election or elections such that all positions of the board have been subject to re-election following the passage of such resolution. At any time, the board may establish, increase or decrease the benefits, other than salaries, that are incidental to the office of mayor and aldermen; provided that such benefits are commensurate with like benefits being furnished to employees of the Town, such as, but not limited to, insurance under a group plan.
The board shall have the full right, power and authority to reimburse any elected official for any out-of-pocket expenses incurred by them in travel and for expenses actually incurred by elected officials in serving the Town. (As amended by Priv. Acts 2014, ch. 46)
SECTION 4.05. TIME AND PLACE OF MEETINGS. The board shall, by ordinance, fix the time and place at which the regular meetings of the board shall be held. Regular meetings of the board shall be held at least monthly for the conduct of such business as may properly come before the board. Adequate public notice of such meetings shall be given.
SECTION 4.06. QUORUM AND ADJOURNMENT. A quorum for the purpose of conducting business shall be a majority of the membership of the board. In the absence of the mayor and vice mayor, the four (4) aldermen present shall appoint one (1) of their number to be the presiding alderman. The mayor, vice mayor or the presiding alderman shall have a vote on all questions and shall have the authority to introduce or second motions, as shall all aldermen. A regular meeting at which a quorum is present may be adjourned by a majority vote, either from day to day or from time to time; but no such adjournment shall be taken to a date beyond the day preceding the next regular meeting; and any adjourned meeting shall continue as a regular meeting through said adjournment. The foregoing provisions notwithstanding, in the event there exists on the board vacancies of more than two (2) members, a quorum shall be the entire membership of the board. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.07. CALLED MEETINGS. The board shall meet in special session on written notice of the mayor or any three (3) aldermen. Such notice shall be served on the parties entitled thereto, which service may be accomplished by personal delivery, electronic mail, or U.S. mail. Adequate public notice of called meetings shall be given. (As amended by Priv. Acts 2001, ch. 43)
All ordinances shall be passed on three (3) different days at a regular, adjourned, or called meeting of the board. Ordinances may be amended up to and at the third and final reading. A public hearing shall be held prior to or at the third and final reading of an ordinance, and notice of such hearing shall be published in a newspaper of general circulation within the community and posted at the town hall. Ordinances shall be made available for public inspection in accordance with general law. Each ordinance shall be effective upon final passage unless by its terms the effective date is deferred. Ordinances shall be signed by the mayor and shall be immediately taken charge of by the town clerk and by him numbered, placed in an ordinance book, and there authenticated by the signature of the town clerk and filed and preserved. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.09. OFFICIALS’ OATH OF OFFICE. The mayor, aldermen, and judge(s) of the Town shall, before entering upon the duties of their respective offices, take an oath, before a person authorized to administer oaths in this state, to faithfully, uprightly, and honestly demean themselves as such officers of the Town during their continuance in office.
SECTION 4.10. DUTIES OF THE MAYOR. The mayor shall be the executive head of the Town, responsible for the efficient and orderly administration of the affairs of the Town and the enforcement of the ordinances of the Town and the laws of the state within the Town limits. The mayor shall have such powers and duties as are specified in this charter, as may be provided by ordinance not inconsistent with this charter and as are otherwise provided by law. It shall be the duty of the mayor to preside at all meetings of the board.
SECTION 4.11. DUTIES OF THE VICE MAYOR. The vice mayor of the Town of Collierville, in the absence, sickness, or the inability or disqualification of the mayor for any reason to perform his official duties, shall be authorized to act in the room and stead of the mayor, and all powers and authority that are in this charter conferred on the mayor are hereby conferred on the vice mayor when he is acting as mayor as fully and completely as if the same were set out in detail.
SECTION 4.12. VACANCY IN THE OFFICE OF MAYOR, VICE MAYOR OR ALDERMAN. A vacancy shall exist in the applicable office if the mayor or an alderman resigns, dies, moves his residence from the Town, has been continuously disabled for a period of six (6) months so as to prevent him from discharging the duties of his office, accepts any federal, state, county, or other municipal office, which is filled by public election, accepts employment with the Town, or is convicted of malfeasance or misfeasance in office, a felony, or a violation of the election laws of the state, or is adjudicated to have violated the charter of the Town. The foregoing provisions notwithstanding, the office of any person resigning pursuant to Section 4.03(b) is deemed vacant no earlier than the effective date of the resignation submitted by the official in his or her letter of resignation.
The declaration of a vacancy, as defined herein, in the office of mayor or in the office of alderman may be made by motion of any member of the board at any meeting thereof. Such vacancy shall be deemed to have occurred upon the passage of such motion by the board.
(a) Procedure for filling vacancy in office of mayor. When a vacancy occurs in the office of the mayor, the vice mayor shall temporarily assume the office of mayor. Within thirty (30) days after a vacancy occurs in the office of mayor, the board shall appoint to such office an alderman to serve for the remainder of the unexpired term thereof; provided that if the balance of the existing term at the time of the vacancy is more than two (2) years and the vacancy occurs more than ten (10) days before the deadline for qualifying for the next biennial election, then the position of mayor shall be filled at such next biennial election and the person appointed to such office shall only serve as mayor until a person is elected as mayor at such election. The person so elected shall be elected to fill the unexpired term of his predecessor as mayor.
(b) Procedure for filling vacancy in office of vice mayor. When the vice mayor assumes the office of mayor, or when his term as vice mayor expires, or if the alderman serving as vice mayor should vacate his office for any other reason, so that the office of vice mayor is then vacant, the board, within thirty (30) days after such vacancy occurs, shall elect from its membership a vice mayor to serve for the unexpired term of the vice mayor who has vacated the office.
(c) Procedure for filling vacancy in the office of alderman. Within thirty (30) days after a vacancy occurs in the office of Alderman, the board shall appoint to such office a citizen, who would be eligible for election thereto, to serve for the remainder of the unexpired term thereof; provided that if the balance of the existing term at the time of vacancy is more than two (2) years and the vacancy occurs more than ten (10) days before the deadline for qualifying for the next biennial election, then such position of alderman shall be filled at such next biennial election and the person appointed to such office shall only serve as alderman until a person is elected as alderman at such election. Such person shall be elected to fill the unexpired term of his predecessor as alderman.
If there occurs on the board three (3) or more vacancies which remain unfilled for a period of thirty (30) days, the board shall forthwith, by resolution, call upon the Election Commission for Shelby County to call a special election for the purpose of filling such vacancies. This special election shall be held in the same manner as provided in this charter for regular elections. The aldermen elected at such special election shall hold office for the remainder of the unexpired term of the position for which they stand for election. (As amended by Priv. Acts 2001, ch. 43)
SECTION 5.02. DUTIES. The town administrator shall be directly responsible to the mayor and the board to exercise general administrative responsibilities assigned to him for the coordination and direction of the activities of the operating departments, including, but not limited to, preparation of official agenda for all meetings, preparation and administration of annual operating and capital improvement budgets, preparation of reports for the mayor and board, purchasing, investigation of citizens’ complaints, application for grants and administration thereof, administration of personnel policies, including the selection and discipline of personnel, provided however, the qualifications of all applicants for operating department heads shall be reviewed by the town administrator, and operating department heads shall be nominated by the mayor and appointed or terminated only by majority vote of the board; and such other duties as may be described by ordinance. The town administrator shall also maintain all necessary intergovernmental relationships and attend all meetings of the board.
At any time during such absence or disability, the mayor may revoke such designation and appoint another employee of the Town to serve until the town administrator shall return.
SECTION 5.05. ALDERMEN DEALING WITH PERSONNEL THROUGH TOWN ADMINISTRATOR. Individual aldermen are not to have or exercise direct authority over any of the personnel of the Town but may contact such personnel for information gathering purposes to assist the aldermen in meeting their collective responsibilities, provided that such contact is made in such a way as not to interfere with the operation of the department of the Town involved. All other contact with personnel of the Town by aldermen shall be through the town administrator.
SECTION 6.02. APPOINTMENT, DUTIES, AND SALARY. The town attorney shall be appointed by the board and shall generally direct management of all litigation in which the Town is a party, including the function of prosecuting attorneys in the Town Court; represent the Town in all legal matters and proceedings in which the Town is a party or interested or in which any of its officers is officially interested; attend meetings of the board as requested and advise the board and committees and members thereof, the town administrator and heads of all departments, offices, or agencies as to all legal questions affecting the Town’s interests; and approve as to form, in those instances where required by the board, all contracts, deeds, bonds, ordinances, resolutions, and other documents to be signed in the name of or made by or with the Town. His compensation and other benefits incidental to his position shall be fixed by the board, and he shall serve at the will of the board.
SECTION 6.03. ASSISTANT TOWN ATTORNEYS. The board may appoint one (1) or more assistant town attorneys with such qualifications as the board may determine and same shall perform such duties as the town attorney shall assign to them. The compensation and other benefits incidental to the positions of the assistant town attorneys shall be fixed by the board, and they shall serve at the will of the board.
SECTION 7.01. APPOINTMENT. The town clerk shall be nominated by the mayor and confirmed by the board. He shall serve at such salary and with such other benefits incidental to his position as are provided by the board, and shall serve at the will of the board. The town clerk shall be subject to day to day supervision by the town administrator.
SECTION 7.02. SHALL KEEP MINUTES. It shall be the duty of the town clerk to be present at all meetings of the board and to prepare and maintain a full and accurate record of all business transacted by the same. In his absence from a meeting the officer presiding at the meeting shall appoint a person to fulfill the duties of town clerk.
SECTION 7.03. SHALL BE CUSTODIAN OF PUBLIC RECORDS, BONDS, ETC. the town clerk shall have custody of and preserve in his office the town seal, the public records, ordinance books, minutes of the board, contracts, bonds, titles, deeds, certificates and papers, all official indemnity or security bonds, and all other bonds, oaths, and affirmations, and all other records, papers and documents not required by this charter or by ordinance to be deposited elsewhere, and register them by numbers, dates, and contents, and keep an accurate and current index thereof.
SECTION 7.04. SHALL PROVIDE AND CERTIFY COPIES OF RECORDS, PAPERS, ETC. The town clerk shall provide and, when required, certify copies of records, papers and documents in his office and charge therefor, for the use of the Town, such fees as may be provided by ordinance or resolution; and cause copies of ordinances to be published as may be directed by the board and kept in his office for distribution.
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