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  • Knowledgebase-Bringing Swimming Pool and Swimming Pool Restrooms into Compliance with the Americans with Disabilities Act
    accessible to and usable by individuals with disabilities 28 CFR 35 149 35 150 Structural changes aren t required to achieve this accessibility until January 29 1995 if alternative methods can make an activity or facility accessible The if is what makes the fact that the facility is a swimming pool important Note that what has to be made readily accessible is the public entity s programs or activities not necessarily the public facility Structural changes are not required if alternative methods can make an activity or facility accessible I can understand how some municipal programs and activities can be made readily accessible by say nothing more than moving the place of the program or activity But if a municipality has a swimming pool it is difficult to see how the program or activity of swimming can be made readily accessible to the disabled without installing lift and restroom facilities designed to accommodate disabled swimmers Generally ready accessibility means that disabled persons can participate in the programs and activities without help from others For example a disabled person can be carried to the swimming pool or to restroom facilities there but the swimming program or activity cannot be classed as readily accessible In any event structural changes must be made by January 26 1995 MTAS has consistently recommended that they be made as soon as possible because the interim period is not a grace period the ADA requires that such changes be accomplished as expeditiously as possible As far as I can determine anything contained in the self evaluation plan is not necessarily legally binding on the city and anything left out of the plan will not protect it from an ADA complaint However I have no doubt that the courts would view a program activity and structural deficiency incorporated

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/0648f36c44549c0185256c16006f226a?OpenDocument (2015-11-11)
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  • Knowledgebase-Bristol City Attorney/Corporate Counsel Job Description
    city attorney corporate counsel includes a description and history of the city plus the position profile and position advertisement Original Author Hardy Pat Co Author Broughton Jeff Product Create Date 06 01 2015 Last Reviewed on 06 17 2015 Subject

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/e7bc9889bf40ea1285257e570059021b?OpenDocument (2015-11-11)
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  • Knowledgebase-Bristol Director of Administration Job Description
    a description and history of the city plus the position profile and position advertisement Original Author Hardy Pat Co Author Broughton Jeff Product Create Date 05 12 2015 Last Reviewed on 05 12 2015 Subject Municipal government Administration Personnel Classification

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/e5c297eaefbb033585257e43005d77b6?OpenDocument (2015-11-11)
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  • Knowledgebase-Bristol Library Director Job Description
    a description of the library and its services plus the position advertisement Original Author Hardy Pat Co Author Broughton Jeff Product Create Date 05 11 2015 Last Reviewed on 05 11 2015 Subject Libraries Public Personnel Libraries Public Libraries Public

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/6e1b775330f9da9f85257e42006ba3f9?OpenDocument (2015-11-11)
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  • Knowledgebase-Bristol, Tennessee Subdivision Incentives Review
    Memphis 147 Tenn 658 251 S W 46 This would include payments to a developer in an amount equal to property taxes since this is in essence abating taxes for a private rather than public purpose Incentive Options As mentioned earlier very few Tennessee cities provide any form of incentives for residential development And in fact the greatest incentive the City can offer is its basic range of services Such benefits as reduced homeowners insurance rates increased police protection schools and other amenities form the basis for the City s best incentives One city Signal Mountain even provides a brochure to developers that details all of these But here are a few examples of what s being done in some other cities 1 Financing of certain fees The City may finance certain fees such as water or sewer tap fees with payment for such fees coming at the time a parcel is sold The City may forward to the developer a cash payment equal to the projected number of taps or provide a tap credit certificate which can be redeemed when connections are made Another similar method has the City providing the materials for water or sewer installation up to an amount equal to the cost of the taps 2 Financing of infrastructure The City may finance certain infrastructure components such as the installation of electric or water and sewer services In one example the developer guarantees repayment to the City within a certain number of years or as lots are sold The developer places a letter of credit with the City and may be placed on a mutually agreed upon repayment schedule such as 20 per year for 5 years When doing this the City may choose only to charge the developer for the principle not accrued interest It should be noted that the Comptroller will not let a City use borrowed funds for this purpose The City must either use cash or money borrowed from TVA which is not approved by the Comptroller 3 Providing infrastructure In some cases the City may actually choose to participate in the provision of certain infrastructure such as roads construction water and sewer installation etc This has normally been done only in situations where specific criteria have been met such as the elimination of blight creation of jobs etc 4 Reimbursement for infrastructure The City may choose to reimburse the developer for certain infrastructure improvements in order to encourage certain types of development or the provision of upgraded standards 5 Providing materials The City may provide materials for utility installation In this case the City will require a bond of the developer The City will then purchase the materials and oversee installation which is the responsibility of the developer Upon satisfactory inspection of the work the City will return the bond to the developer 6 Reduction or waiver of tap fees The City may reduce or waive tap fees for water or sewer 7 Reduction or waiver of inspection fees The City

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/63ad151013acdc2b85256afe00668e5b?OpenDocument (2015-11-11)
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  • Knowledgebase-Brown-Bagging Regulations
    The extent to which the city could even regulate brown bagging in a restaurant has been called into question In Lovelace v City of Knoxville 2001 WL 293001 Tenn Ct App the Court of Appeals citing Shaw and other cases including Underground II Inc v City of Knoxville 1998 WL 46447 Tenn Ct App in which the Knoxville brown bagging ordinance was stricken down for its failure to contain objective guidelines to officers who enforced the ordinance and because it imposed certain unreasonable burdens on establishments to which the ordinance applied following which the city amended the ordinance generally upheld the right of a municipality to regulate brown bagging The Knoxville ordinance prohibited the following brown bagging activities during certain hours 1 The consumption by any person of beer or an alcoholic beverage not lawfully sold by the business on the premises of any business open for business during those hours 2 The possession of an open container of beer or an alcoholic beverage not lawfully sold by the business on the premise of any business open for business during those hours 3 The owner s intentional and knowing permit of a person to possess or consume an open container of beer or an alcoholic beverage not lawfully sold on the premises Notice to the agent or employee of a business was notice to the owner of the business The open display by any person on the premises an open container of beer or an alcoholic beverage marked as if for resale and not lawfully sold by the business was evidence of a violation of this provision Under the ordinance the owner of the business had a duty to give actual or constructive notice to inform all persons in the establishment of the prohibitions in this ordinance The Court of Appeals struck down parts of the ordinance but upheld the right of a municipality to enact a brown bagging ordinance However in responding to the plaintiff s challenge that the ordinance was overbroad on several grounds the Court noted that A statute is overbroad when based upon its text in actual fact there are a substantial number of instances where the law cannot be applied constitutionally Citations omitted The overbreadth doctrine not only prohibits a statute from criminalizing constitutionally protected activity but may also render a statute unconstitutional if its sweep has a chilling effect upon constitutionally protected conduct even though the statute does not directly forbid protected activity A statute is not however vulnerable to the overbreadth challenge simply because unconstitutional conduct can be imagined When a statute regulates economic conduct its overbreadth must be real as well as substantial when judged in relation to its plainly legitimate sweep Citations omitted The purpose behind the Ordinance clearly relates to the brown bagging clubs such as those operated by the plaintiff However the City s Ordinance is not limited in application to such establishments but applies to any business that is open between the hours of 1 00 and 6

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/f7dd449f0697e19e85256ba0004d2ea0?OpenDocument (2015-11-11)
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  • Knowledgebase-Brush and Debris Pickup: MTAS Library Survey
    Is there a separate charge Yes 0 No 10 No response 1 Does this service apply to Residences 7 Businesses 0 Both 3 No response 1 2 Does your city provide collection service for normal piles of debris i e bulky items Yes 9 No 2 Is there a separate charge Yes 1 4 00 No 7 No response 3 Does this service apply to Residences 6 Businesses 0 Both

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/db1ee111b6b9f713852574bb005ea8ea?OpenDocument (2015-11-11)
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  • Knowledgebase-Brush Collection Policies: an MTAS Survey
    Title Brush Collection Policies an MTAS Survey Summary Examples of brush collection policies from various cities Original Author Adams O Brien Frances Co Author Product Create Date 03 28 2008 Last Reviewed on 01 18 2010 Subject Solid waste Collection

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/f485724cd804be458525742400535ad1?OpenDocument (2015-11-11)
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