CHARTER OF THE CITY OF COOKEVILLE, TENNESSEE 1

1   Priv. Acts 1961, ch. 223, is the current basic charter act for the City of Cookeville, Tennessee. The text of the basic charter act set out herein includes all its amendments through the 2012 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. Acts which did not expressly or in effect amend any particular section or part of the basic charter, but which supplemented it, have been placed after the basic charter act as "Related Private Acts." 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.

CHAPTER NO. 223
House Bill No. 816
(By Dero Brown)

   AN ACT to amend the Charter of Cookeville, Tennessee, being Chapter 542 of the Acts of the General Assembly of the State of Tennessee of 1903, and all Acts amendatory thereto.

   TABLE OF CONTENTS

Article I.
Amending Provision, Boundaries, Form of Government, Corporate Powers

   1.01.   Amendment of charter

   1.02.   City of Cookeville

   1.03.   Corporate boundaries

   1.04.   Form of government

   1.05.   Corporate powers

Article II.
Mayor and Council

   2.01.   Number, selection, term

   2.02.   Qualifications

   2.03.   Compensation

   2.04.   Presiding officer; mayor

   2.05.   Powers

   2.06.   Appointment of city manager

   2.07.   Removal of city manager

   2.08.   Council not to interfere in appointments or removals

   2.09.   Vacancies in council

   2.10.   Creation of new departments or offices

   2.11.   City clerk

   2.12.   Induction of council into office; meetings of council

   2.13.   Rules of procedure; journal

   2.14.   Ordinances

   2.15.   City legislation

   2.16.   Permissive referendum; effective date of ordinances

   2.17.   Independent annual audit

Article III.
The City Manager

   3.01.   The city manager; qualifications

   3.02.   The city manager; powers and duties

   3.03.   Absence of city manager

   3.04.   Administrative departments

   3.05.   Directors of departments

   3.06.   Departmental divisions

   3.07.   Merit basis of appointment

Article IV.
Fiscal Administration

   4.01.   Fiscal year

   4.02.   City manager to submit annual budgets

   4.03.   Contents of budgets

   4.04.   Capital improvement budget

   4.05.   Appropriation and additional revenue ordinances

   4.06.   Copies of budget message and budgets

   4.07.   Public hearing

   4.08.   Action by city council

   4.09.   Additional appropriations

   4.10.   Appropriations to lapse

   4.11.   Allotments

   4.12.   Budgetary reports to council

   4.13.   Penalty for unauthorized contract or expenditure

   4.14.   Annual audit

   4.15.   Centralized purchasing

   4.16.   Allotments required; advance authorization for emergency purchases

   4.17.   Powers and duties of purchasing agent

   4.18.   Stocking supplies, materials, and equipment

   4.19.   Who may make expenditures and contracts; bids

   4.20.   Bonds for public works contracts

   4.21.   Bid records to be preserved

   4.22.   Exception to purchase governmental materials

   4.23.   Sale of city property

   4.24.   Official depository

Article V.
Taxation

   5.01.   Property taxes; assessment date

   5.02.   Property taxes on public service companies

   5.03.   Responsible officers

   5.04.   City may use county assessment or make assessment

   5.05.   Procedure if county assessment is used

   5.06.   Procedure if city assessment is made

   5.07.   Powers and duties of the city assessor

   5.08.   Board of equalization

   5.09.   Procedure for review of assessments

   5.10.   Tax levy

   5.11.   Tax bills; failure to send does not invalidate tax

   5.12.   When property taxes due and payable; penalty and interest

   5.13.   Collection of delinquent taxes

   5.14.   Lien for taxes

   5.15.   Collection of merchants ad valorem taxes

   5.16.   Mistakes or technicalities not to invalidate assessments; corrections

Article VI.
Borrowing and Bonds

   6.01.   Notes in anticipation of current tax collections

   6.02.   Purposes for which bonds may be issued

   6.03.   Serial bonds

   6.04.   Sinking funds

   6.05.   Bond ordinance

   6.06.   Title of bond ordinance; two or more projects may be included

   6.07.   Procedure for adoption of bond ordinance; publication of notice

   6.08.   Effective date of bond ordinance

   6.09.   Period of limitations to challenge bond ordinance

   6.10.   Determinations in bond ordinance conclusive

   6.11.   Bonds may be callable

   6.12.   Term of bonds not be exceed life of improvements

   6.13.   Election required except for certain bonds

   6.14.   Public sale

   6.15.   Property tax levy to retire voted bonds

   6.16.   Cancellation of retired bonds and paid interest coupons

   6.17.   Supplementary nature of title VI

ARTICLE VIA.
Public Parking Facilities

   6A.01.   Definitions

   6A.02.   Provisions in this article are supplementary

   6A.03.   Resolution for the project, notice of public hearing, etc

   6A.04.   Public hearing; when referendum is required

   6A.05.   Construction may be on bids or by city forces

   6A.06.   Bond resolution

   6A.07.   Bids for bonds

   6A.08.   Disposition of bond funds

   6A.09.   Bonds, bond security, etc

   6A.10.   Basis of assessments

   6A.11.   Assessments against public property

   6A.12.   Payment of assessments; penalties and interest for delinquency

   6A.13.   Assessments to constitute liens

   6A.14.   Special fund for assessments

   6A.15.   Disposition of collected assessments; calculation of annual assessments, etc

   6A.16.   Additional bonds or funds to cover deficiency

   6A.17.   Refunding bonds

   6A.18.   Use of parking facilities; disposition of revenues

   6A.19.   Severability clause

   6A.20.   Approval required

   6A.21.   Date of effect

Article VII.
City Judge and City Court; City Attorney

   7.01.   City court established; jurisdiction

   7.02.   Appeals

   7.03.   Warrant for each offense; exception

   7.04.   Other officers may decide lesser traffic offenses

   7.05.   Clerk of court and other employees

   7.06.   Court docket

   7.07.   City attorney

Article VIII.
Utilities

   8.01.   Authority to own or operate public utility

   8.02.   Accounting system

   8.03.   Budgets and allotments

   8.04.   Other laws and ordinances may apply

   8.05.   Municipal utilities separate enterprises

Article IX.
Hospitals

   9.01.   Board of trustees

Article X.
Nominations and Elections

   10.01.   Municipal elections

   10.02.   Regulation of elections

   10.03.   Nominations

   10.04.   Council ballots

   10.05.   Voting machines

Article XI.
Initiative and Referendum

   11.01.   Power of initiative

   11.02.   Power of referendum

   11.03.   Form of petitions: committee of petitioners

   11.04.   Filing, examination and certification of petitions

   11.05.   Amendment of petitions

   11.06.   Effect of certification of referendum petition

   11.07.   Consideration by council

   11.08.   Submission to electors

   11.09.   Form of ballot for initiated and referred ordinances

   11.10.   Results of election

   11.11.   Repealing ordinances: publication

Article XII.

[Deleted]

Article XIII.
Succession in Government

   13.01.   Rights of officers and employees preserved

   13.02.   Continuance of present officers

   13.03.   Transfer of records and property

   13.04.   Continuity of offices, departments and agencies

   13.05.   Continuance of contracts and public improvement

   13.06.   Pending actions and proceedings

Article XIV.
Miscellaneous Provisions

   14.01.   Right of city manager and other officers in council

   14.02.   Investigations by council or city manager

   14.03.   Contracts extending beyond one year

   14.04.   Publicity of records

   14.05.   Conflicts of interest

   14.06.   Official bonds

   14.07.   Oath of office

   14.08.   Penalties

   14.09.   Repeal of laws in conflict

   14.10.   Severability

   14.11.   Local approval and date of applicability

   14.12.   Effective date

PRIVATE CHAPTER NO. 49

HOUSE BILL NO. 2644

By Representatives Williams, Cameron Sexton

Substituted for: Senate Bid No. 2669

By Senator Bailey

   AN ACT to amend Chapter 49 of the Private Acts of 1999; as amended by Chapter 115 of the Private Acts of 2000; Chapter 31 of the Private Acts of 2007 and Chapter 24 of the Private Acts of 2011; and any other acts amendatory thereto, relative to the Cookeville Regional Medical Center Authority.

   WHEREAS, the City Council of the City of Cookeville, Tennessee, wishes to request the deletion of the requirement that joint ownership arrangements of Cookeville Regional Medical Center Authority within Putnam and Clay County must be on city owned property; and

   WHEREAS, the City Council of the City of Cookeville, Tennessee, wishes to request that all joint ownership arrangements must be approved by the City Council of the City of Cookeville; now, therefore,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

   SECTION 1. Chapter 49 of the Private Acts of 1999, as amended by Private Chapter 115 of the Private Acts of 2000, and any other acts amendatory thereto, is amended by deleting Section 9 in its entirety and substituting instead:

      The Board of Trustees shall have the responsibility and authority to control and operate the hospital, clinical and health care facilities described herein; to receive all revenues derived from such facilities, and any donations or grants; to disburse all such monies to discharge the financial obligations related to the facilities described in this act and otherwise as determined by the Board of Trustees; to exercise the powers granted to private act hospital authorities under 1996 Tenn. Pub. Acts, Ch. 778; to make contracts for goods and services; to establish policies, rules and regulations governing the operation of said hospital, its uses and its management; to define the duties and establish the compensation of the administrator; to regulate admissions to said hospital, clinical and health care facilities and establish reasonable rates and charges for the services rendered by such facilities; and to collect and receipt for the same. All monies of the authority shall be disbursed in accordance with the rules and regulations adopted and determined by the Board of Trustees, by check signed by the facility administrator. Notwithstanding any other provisions of law, the authority of the Board of Trustees to enter into joint ownership arrangements with other providers relative to health care facilities shall be limited to those joint ownership arrangements approved by a majority vote of the Cookeville City Council and subject to the terms and conditions, or limitations, as the Cookeville City Council may prescribe in said approval. Further, except for Putnam and Clay County, the authority of the Board of Trustees to enter into joint ownership arrangements with other providers relative to health care facilities shall be limited to those health care facilities that are located on the campus of Cookeville Regional Medical Center. For purposes of this Act, the campus of Cookeville Regional Medical Center shall include real property owned by the City of Cookeville and on which are located hospital, clinical or health care facilities. All joint ownership arrangements shall be governed by and comply with all other provisions and limitations set forth In Chapter 49 of the Private Acts of 1999, as amended by Chapter 115 of the Private Acts of 2000, Chapter 31 of the Private Acts of 2007, and Chapter 24 of the Private Acts of 2011, including the limitations from borrowing money in its own name without prior vote of the Cookeville City Council and limitations with respect to the acquisition and ownership of real property as provided in Chapter 115 of the Private Acts of 2000, and the limitations of members of the Board of Trustees engaging in financial transactions with any joint venture entity as provided in Chapter 24 of the Private Acts of 2011. Said restrictions must be contained in any joint ownership arrangement contract, as well as any charter, articles of incorporation, bylaws, operating agreement and any other organizing document for any entity created in furtherance of such joint ownership arrangement.

      In the exercise of its power, Cookeville Regional Medical Center may acquire, manage, lease, purchase, sell, contract for or otherwise participate solely or with others in the ownership or operation of hospital, medical or health program properties and facilities subject to the limitations set forth in Chapter 49 of the Private Acts of 1999 and Chapter 115 of the Private Acts of 2000.

   SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the Cookeville City Council. Its approval or nonapproval shall be proclaimed by the presiding officer of the Cookeville City Council and certified to the secretary of state.

   SECTION 3. For the purpose of approving or rejecting the provisions of this act, It shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective as provided in Section 2.

                  HOUSE BILL NO. 2644

PASSED: April 7, 2016

               Beth Harwell

               BETH HARWELL,

               SPEAKER HOUSE OF REPRESENTATIVES

               Ron Ramsey

               RON RAMSEY

               SPEAKER OF THE SENATE

APPROVED this 19th day of April, 2016

Bill Haslam

BILL HASLAM, GOVERNOR