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  • Knowledgebase-911 Dispatch Service Agreements: A Survey Conducted for the City of Crossville
    Conducted for the City of Crossville Summary Thirteen cities were asked if they have an agreement with the county for 911 dispatch services and questions related to that agreement Original Author Adams O Brien Frances Co Author Product Create Date

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/2b7747eab5f94e4185257282005231d7?OpenDocument (2015-11-11)
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  • Knowledgebase-Abandoned or Suspended Construction
    can the City take to have the structure either 1 removed or 2 brought up to code and is the action against the contractor who pulled the permit and or the property owner for which the contractor is employed Original Author Broughton Jeff Co Author Product Create Date 12 20 2013 Last Reviewed on 12 30 2013 Subject Construction Laws and regulations Tennessee Contractors Laws and regulations Building permits Building

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/a1f606c2a262c55185257c51004a6de3?OpenDocument (2015-11-11)
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  • Knowledgebase-Abandonment by the City of Certain Service Drives
    it says A highway which is lawfully vacated or abandoned ceases to be a highway and insofar as the public has a mere easement of way the title reverts to the owner of the fee discharged from the servitude The public authority is not obligated any longer to keep it in repair or liable for injuries resulting from its failure to do so Emphasis is mine The same general proposition is also stated in 71 ALR 1206 That general proposition also appears to be the law in Tennessee for in Thompson Anderson v W J Turbeville 46 Tenn 6 Cold 150 the Tennessee Supreme Court in dictum said With respect to the closing of a public street the municipal corporation representing the State has the power to abandon the public use of it and be exonerated from obligation to keep it in repair and otherwise suitable for public use If that is so it would seem that there is no obligation on the part of the public body to restore the property upon which lies the road to its original condition That conclusion is strongly supported in Fuller et al v City of Chattanooga 118 S W 2d 886 1938 There the city condemned the Fullers property for the widening of a street The city also changed the grade of the street in the course of its widening damaging the Fullers remaining property The Fullers sued to recover the amount of damages They were not entitled to recover the damages held the Tennessee Supreme Court because We think the facts of this case bring it within the well established rule in such cases that the condemnation of a right of way or a deed conveying a right of way cover by implication whatever is necessary to make the enjoyment of the land conveyed effectual for the particular purpose for which it is acquired by the condemnor or conveyance as the case may be The principles underlying this rule have been applied in several cases in this State Citations omitted An agreement between a landowner and a railroad company to sell the latter a right of way across the tract of the former covers all damages of whatever sort to that tract to which the landowner would have been entitled in regular condemnation proceedings He is presumed to have contemplated and arranged for all such damages in fixing the consideration for the contract and he is therefore remitted to it Another well recognized principle of law is applicable That is that in condemnation suits all injuries necessarily incident to the proposed public improvement must be presumed to have been included and compensated for in the award of damages to the landowner Emphasis is mine In this case said the Court the Fullers deeded to the city an easement for the construction of a street 80 feet wide with knowledge that the elevation of the street needed to be changed as a part of the widening therefore they must have necessarily contemplated

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/524bca37664821c685256c48006fc1ad?OpenDocument (2015-11-11)
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  • Knowledgebase-Ability of City Recorder to Serve as City Manager
    is permissible Pursuant to the City s Charter Section 6 21 102 a The city manager may combine or personally hold any such administrative offices herein or otherwise established or may delegate parts of the duties of the city manager s office to designated subordinates The position of City Recorder is established in the Charter section 6 21 401 Therefore the City s charter allows the combination of duties between City Manager and City Recorder However there are several issues to consider before that decision is made The first issue is separation of duties In smaller cities this is an obstacle even under normal circumstances The comptroller s office frowns upon audit reports that indicate the same individual is opening the mail recording deposits depositing cash and checks writing checks and preparing the financial reports If the two positions were to be combined in Ethridge I would strongly recommend that the city hire a part time person to perform some of these functions Another issue to consider is that once the positions are combined it becomes nearly impossible to separate the individual from both positions In other words if the city decides to fire the city manager then there is no going back to being a city recorder for that individual It becomes an all or nothing proposition Not only would that individual be out of a job but also the City would be without a City Manager and a City Recorder One other consideration to keep in mind is customer service If those two positions are combined into one then there is only one person to staff city hall There is no one to serve as back up City hall would have to be closed during vacations and sick days and when there is city business to take care

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/60a73c1f9d0c6ca985256cad006f176c?OpenDocument (2015-11-11)
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  • Knowledgebase-Abolishing City Juvenile Court
    home rule municipal courts during the term of the judge Original Author Hemsley Sid Co Author Product Create Date 04 22 2002 Last Reviewed on 04 09 2010 Subject Charters City Courts Judges Courts Municipal Type Legal Opinion Legal Opinion Reference Documents Text of Document Please remember that these legal opinions were written based on the facts of a given city at a certain time The laws referenced in any

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/c0a88e63655c6d5785256bbc00627f19?OpenDocument (2015-11-11)
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  • Knowledgebase-Abolishing the City School System
    of education by authority of this section is authorized to devote the school funds of such town city or special school district to the payment of the proportionate part of the cost of the maintenance and operation of such schools Tennessee Code Annotated 49 2 1002 b All school funds belonging to the town city or special school district including state funds allocated to the town city or special school district shall be expended entirely for the benefit of the schools of such town city or special school district Where there is any school indebtedness owed by the town city or special school district at the time of such transfer of administration is effectuated such indebtedness shall remain the obligation of such town city or special school district and existing arrangements for the retirement of such indebtedness shall be continued until such indebtedness is retired and paid in full unless the county legislative body by resolution adopted by a majority of the members agrees to assume the school indebtedness owned by the town city or special school district Tennessee Code Annotated 49 2 1002 The same statute provides for the transfer and reconciliation of pension rights The titles to city school buildings and other property do not necessarily transfer to the county under this statute but apparently the county board of education does succeed to the rights the city board of education had to the use of the buildings Several cities have abolished their school systems under this statute including the Cities of Knoxville Chattanooga McMinnville Shelbyville and Covington 4 Tennessee Code Annotated 49 2 1201 et seq provide for a unification education planning commission which has the duty to study and consider the need for and the problems in conjunction with the consolidation of all public schools within the county into a unified school system and to make and file a written report as hereinafter provided If the report shall recommend such consolidation it may be accompanied by a proposed plan of consolidation The commission is required by the statutory scheme governing its duties to meet conduct a comprehensive study of the needs for issues in and problems of consolidation of the various school systems operating within the boundaries of the county document its findings in a written report made within one year If the commission recommends consolidation it may but is not required to prepare a consolidation plan with its report That consolidation plan must cover a multitude of administrative and financial issues dealing with consolidation The plan is submitted to the State Department of Education for comment and approval then to the local governments and to the electorate in both the city and the county in an elaborate approval process The cities and counties of Clarksville Montgomery Jackson Madison have consolidated their school system using this method The city and county of Johnson City Washington have done at least three consolidation studies the last in 1993 none of which resulted in consolidation The Easiest Method The easiest

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/8c8fdb8996a5dc6d852572ca005fcb7d?OpenDocument (2015-11-11)
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  • Knowledgebase-Abolishing the Insolvency Board
    calendar It was not clear to me from the tapes whether Senate Bill 2000 initially proposed an amendment to or a repeal of Tennessee Code Annotated Section 67 5 2601 Whatever the case on March 31 1992 in the Senate Finance Ways and Means Committee Sen Crutchfield proposed that one insolvency board be created to hear appeals for forgiveness of both city and county taxes His complaint was that while Tennessee Code Annotated section 67 5 2601 had been used only around four times the city insolvency board could forgive both city and county taxes The debate indicates no source for the figure of four Sen Jones commented that only the county trustee sat on the city insolvency board and declared that the board ought to be reconstituted to reflect a city county membership balance Sen Rochelle asked how many such boards were in existence and short inconclusive debate on that question followed Sen Rochelle then stated that property taxes in Tennessee were not very high and that if the assessment and appraisal were correct they ought to be paid The law is dangerous he declared It allows a group of people who are legally assessed taxes not to pay those taxes The problem was not that couples owing a lot would take advantage of the law but that corporations would do so He came out for repeal of the law On April 7 1992 in the House Finance Ways and Means Committee Rep Davidson pointed to Hamilton County where one person owning 21 parcels of property and who owed several hundred thousand dollars in back property taxes could through a quirk in the law obtain forgiveness for the taxes and still hold the property Whether that property owner had actually obtained forgiveness for those taxes was not clear On

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/d9e7db12bac3477c85256c4b006ccd5e?OpenDocument (2015-11-11)
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  • Knowledgebase-Acceptable Use Policies
    Tennessee and The State of Tennessee Original Author Tennessee Co Author University of Tennessee Product Create Date 04 20 2010 Last Reviewed on 04 20 2010 Subject Computer security Computer networks Security measures Internet Computer network Identity theft Type General

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/5703a43b7e89ec6f8525770b005152fc?OpenDocument (2015-11-11)
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