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Reviewed Date: May 08, 2017
City of Smithville, Tennessee: A Resolution
Requested that MTAS prepare amendments to the current private act charter as it pertains to a city court.
Knowledgebase-City of Smithville, Tennessee: A Resolution
CITY OF SMITHVILLE, TENNESSEE
A RESOLUTION REQUESTING REPRESENTATIVE FRANK BUCK AND SENATOR CHARLOTTE BURKS TO INTRODUCE LEGISLATION IN THE TENNESSEE GENERAL ASSEMBLY AMENDING THE CHARTER OF THE CITY OF SMITHVILLE
WHEREAS, the City of Smithville has determined that it is in the people=s best interest to create a municipal court without concurrent general sessions jurisdiction; and
WHEREAS, the City has requested the assistance of the University of Tennessee Municipal Technical Advisory Service in preparing the requested amendment; and
THEREFORE, BE IT RESOLVED by the Board of Mayor and Aldermen of the City of Smithville, Tennessee that Representative Frank Buck and Senator Charlotte Burks be and are hereby requested to introduce the attached revision to SECTION 11 of the Charter of the City of Smithville, such revision to be in lieu of the existing SECTION 11 in its entirety.
Passed and so ordered this the ________day of________________, 2001, the public welfare requiring it.
SECTION 11. Be it further enacted, That there is hereby established a city court presided over by a city judge appointed by the board in accordance with subsection (6) herein.
(1) The city judge shall, before entering upon the duties of his office, take the following oath of office to be administered by the Mayor of the City of Smithville: “to support the Constitution of the State of Tennessee and faithfully discharge the duties of city judge with fairness and without favor for all who appear before the city court.”
(2) The city judge shall have the qualifications and receive the compensation the board may provide by ordinance.
(3) The city judge shall have jurisdiction in and over all cases for the violation of, and all cases arising under, the laws and ordinances of the City of Smithville.
(4) The city judge may impose fines, costs and forfeitures, and punish by fine for violation of city ordinances. All such revenue shall be the property of the City of Smithville and shall be turned over to the City Recorder upon collection.
(4) The city judge may preserve and enforce order in the court and enforce the collection of all fines, costs, and forfeitures imposed.
(5) Whenever the office of city judge is not filled by the appointment of some other person, the city recorder shall be the city judge.
(6) Upon the expiration of the term of office, or a vacancy, in the office of the current city judge, a city judge shall be appointed for two year terms by the board.