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  • Knowledgebase-An Analysis of the 1953 Tennessee Home Rule Amendments
    was published in 1956 a number of pertinent cases have been decided by the Tennessee courts The second edition includes these cases along with the original material still considered to be relevant Original Author Hobday Victor Co Author Product Create

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/1b7d0ac63f249dfe852572b20060456c?OpenDocument (2015-11-11)
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  • Knowledgebase-Analysis of the Lien Provisions of TCA
    mean shall In Austin v State 796 S W 2d 449 Tenn 1990 it is said that When construing statutory language the fundamental rule is to follow legislative intent which is reflected in the entire code section Williams v N W Ry Co 129 Tenn 690 688 68 S W 160 1914 The Williams Court held T he word may will not be construed to mean shall where such a construction would tend to defeat the objects and purposes of the legislation although may will be construed to mean shall if such a construction is necessary to uphold and effectuate the purposes of the act 129 Tenn At 689 168 S W 160 At 456 It appears to me that if may is interpreted to make it permissive in the second emphasized sentence the purpose of the shall in the first emphasized sentence is totally defeated If the costs arising under the Slum Clearance Ordinance shall be collected in the same manner as property taxes but they only may be collected in the same way delinquent property taxes are collected Tenn Code Ann 13 21 103 is rendered meaningless there being no way under Tenn Code Ann 67 5 2001 et seq to compel property owners to pay such costs along with property taxes that are not delinquent Cities Cites are authorized to collect their own delinquent property taxes under The provisions of their charters for the collection of delinquent property taxes Under Tenn Code Ann 6 55 201 et seq By ordinance under Tenn Code Ann 67 5 2005 d If a city collects its own delinquent taxes under the provisions of its charter Tenn Code Ann 13 21 103 6 appears to authorize the city s tax collector to require the property owner to pay the costs arising under Tenn Code Ann 13 21 103 6 and 6 54 113 at the same time The city could even amend its charter to insert such a provision If a municipality collects its delinquent property taxes under Tenn Code Ann 6 55 201 et seq it likewise appears able to rely on Tenn Code Ann 13 21 103 6 and 6 54 113 to require that property owners pay costs arising under those statutes at the same time they pay their delinquent property taxes A municipality collecting its delinquent property taxes by ordinance under Tenn Code Ann 67 5 2005 d could presumably put a provision in the ordinance requiring property owners to pay costs arising under Tenn Code Ann 13 21 103 6 and 6 54 113 with their delinquent property taxes There is a serious problem with the lien for costs if the property in question is sold for delinquent taxes and for those costs no matter whether the city or the county sells the property While property tax liens are superior to all other liens the liens for costs arising under Tenn Code Ann 13 21 103 6 and 6 54 113 those statutes both say that

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/6f6f1f74957dc779852572a7005138c8?OpenDocument (2015-11-11)
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  • Knowledgebase-Analysis of the Need For a City Administrator: City of Centerville, Tennessee
    the Need For a City Administrator City of Centerville Tennessee Summary The City of Centerville should hire a city administrator to manage the everyday operation of city government Original Author Darden Don Co Author Product Create Date 01 30 2001

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/6f31528614b20fc085256a6500629a8d?OpenDocument (2015-11-11)
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  • Knowledgebase-Analysis of the Need for a City Manager
    Need for a City Manager Summary MTAS was asked to demonstrate the need for a City Manager for the City of Harriman Original Author Nevad Warren Co Author Product Create Date 06 16 2003 Last Reviewed on 01 26 2006

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/a79cbfe4c4d5736b85256d49004a1f65?OpenDocument (2015-11-11)
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  • Knowledgebase-Analysis of the Term Citizen
    city A citizen pursuant to American law is on the other hand variously defined as a person who has a right to vote for representatives in Congress and other public officers and who is qualified to fill offices The particular meaning of the word citizen is frequently dependent on the context in which it is found and must always be taken in the sense which best harmonizes with the subject matter in which it is used A person may be considered a citizen for some purposes and not a citizen for other purposes It is further said in Greenough v Board of Police Commissioners of Town of Tiverton 30 R I 212 74 A 785 1909 that The noun citizen has been defined to be one who enjoys the freedom and privileges of a city a freeman of a city as distinguished from a foreigner or one not entitled to its franchises an inhabitant of a city a townsman In English law the term means an inhabitant of a city the representative of a city At 74 A 787 The word citizen in the context of 6 undoubtedly means a citizen in the English law context an inhabitant of a city Indeed there is nothing else it could mean In fact Section 6 requires that a person eligible for the office of mayor or aldermen be a citizen of the city as hereunder incorporated That language clearly indicates that citizenship means that the mayor or an alderman must reside in the incorporated city The question of whether a person was a citizen of the Middle District of Tennessee arose in Gruetter v Cumberland Telephone Telegraph Co 181 F 248 W D Tenn 1909 Although that case arose under the Diversity Clause of the U S Constitution under which cases involving

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/85afe8c62d7635a7852573c200521a5d?OpenDocument (2015-11-11)
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  • Knowledgebase-Animal Control and Animal Shelter Regulatory Information
    the frequently asked questions section The most useful website I found was the National Animal Control Association The address is http www nacanet org If you scroll about halfway down the page you ll come across National Animal Control Association Policies They are organized by topic and very useful For 20 they offer a CD ROM with sample ordinances policies and procedures and job descriptions that they have collected from shelters across the nation If interested look under the Resource Library section toward the end of the site Other sites that may be of interest include http www americanhumane org and http www aspca org As far as state regulations I told you there were none for shelters However there are regulations regarding euthanasia See TCA 44 17 301 through 305 side note public chapter 70 of 2001 just changed some of these regulations so look for a MTAS hot topic on this issue soon Also regulated are adoptions See TCA 44 17 501 through 505 Finally grant money is available to provide low cost spaying and neutering and to prevent reduce animal overpopulation These funds are available from the animal friendly license plate sales see TCA 55 4 290

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/18c24909196c49b385256aab0050d9c0?OpenDocument (2015-11-11)
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  • Knowledgebase-Animal Control Attendant
    support services to include clean up of the shelter and accounting for revenues from housing and selling animals under the general supervision of department head where they are assigned Instructions to the employee are generally specific however some independent judgement is used in completing tasks EQUIPMENT JOB LOCATION The employee will occasionally operate a light duty vehicle Telephones and calculators are used in performing daily tasks Work is generally performed indoors at the animal shelter some tasks are outdoors in all weather conditions The employee is exposed to loud noise bites and scratches from animals and may be exposed to tobacco smoke ESSENTIAL FUNCTIONS OF THE JOB Feeds animals at the shelter Cleans and disinfects pens and cages Puts animals to sleep using euthanasia equipment Answers questions by telephone regarding status of animals Releases animals to owners Accounts for cash received from housing and selling animals Must establish and maintain an effective working relationship with the public Must intermittently sit stand and stoop ADDITIONAL EXAMPLES OF WORK PERFORMED Any one position may not include all of the listed duties or duties which may be performed Assists animal control officer place cages Responds to animal control complaints when the animal control

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/2f0994da6fa302ec85256c40004309ce?OpenDocument (2015-11-11)
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  • Knowledgebase-Animal Control in Wartrace, Tennessee: A Review
    the town staff that residents are increasingly complaining about dogs that are allowed to roam freely in the town thus becoming a nuisance if not a danger to small children and other residents of the town Town leaders will need to determine the level of regulation that the town needs to enforce in consideration of the health and safety of its residents and potential liability for negligent enforcement III Regulations It is not permissible in Tennessee for dog owners to allow their dogs to run at large A very common practice for owners is to constrain or confine their dogs during the day and let them out at night for a little freedom Tennessee Code Annotated 44 8 408 b provides as follows The owner of a dog commits an offense if that dog goes uncontrolled upon the premises of another without the consent of the owner of the premises or other person authorized to give consent or goes uncontrolled by the owner upon a highway public road street or any other place open to the public generally There are exceptions in this law for dogs used for hunting driving stock or for police or military use Violation of this statute includes 1 a Class C Misdemeanor punishable by fine only 2 Class B Misdemeanor if the dog running at large causes damage to the property of another 3 a Class A misdemeanor punishable by fine if the dog causes bodily injury 4 a Class E Felony if the dog causes bodily injury 5 a Class D Felony if the dog causes serious bodily injury to an individual and 6 a Class C Felony if the dog causes death to an individual Persons violating this statute may be prosecuted in the courts of the State of Tennessee The Town of Wartrace has an ordinance regulating the keeping of pit bulls Such ordinances have been upheld by Federal courts Denver Colorado where the black minister was mauled and killed by a pit bull has one of the strongest pit bull ordinance in the nation It has been upheld by Federal courts In Middle Tennessee the cities of Springfield Sparta Morrison Cowan Decherd and Estill Springs among others have a similar ordinance to the pit bull ordinance in Wartrace Cities that enforce such an ordinance will not have problems with pit bulls Pit bulls may not be the only vicious dogs In fact absent training to fight they may not have any more propensity to attack a person than some other breed of dog If the city s problem is with pit bulls then it needs to deal with pit bulls If the city desires to regulate all dogs that might be termed vicious dogs then the city may need a more general type of ordinance It might be well advised to adopt both a pit bull ordinance as well as a vicious dog ordinance that applies to all other breeds The Town of Wartrace has adopted a resolution Resolution 00 009

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/cc1c0daa7071d3f78525750b005445ad?OpenDocument (2015-11-11)
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