City planning commission jurisdiction over county school

MTAS Legal Consultant Stephanie Allen O'Hara responded to a request for information regarding whether or not a city planning commission has jurisdiction over a county school.

O'Hara, Stephanie Allen
Legal Opinion
Planning--Commissions--Tennessee
Schools--Tennessee
Internal
05/27/2022
03/31/2022

Property tax abatement for hospital real property and equipment

Jellico Community Hospital (JCH) is currentlly a nonprofit corporation that operates the hospital in Jellico, TN and is the only hospital in that city. The city is looking into leasing the hospital to a for-profit entity.

O'Hara, Stephanie Allen
Legal Opinion
Taxes--Property assessment and appraisal
Internal
07/29/2021
08/2/2018

Requiring an employee to sign an agreement releasing the city from liability

MTAS was asked whether the city could require auxilary police officers to sign waivers releasing the city from any liability for their negligent conduct or omissions.

Moore, Todd
Legal Opinion
Governmental tort liability
Liability
Police--Liability
Police--Personnel
Public
05/10/2021
04/3/1995

Suspending or firing the present city attorney

MTAS was asked whether the mayor has the singular authority to suspend or fire the present city attorney.

Bingham, Pamela
Legal Opinion
City attorney
Mayor
Personnel--Dismissal
Mayor--Aldermanic government
Internal
07/30/2021
02/19/1999

Municipalities without a zoning ordinance seek to prohibit wildcat trailer parks from springing up

MTAS was asked what actions may be taken by municipalities that do not have a zoning ordinance and seek to prohibit wildcat trailer parks from springing up.

Pullen, Mark
Legal Opinion
Mobile homes
Municipal ordinances
Zoning
Zoning--Laws and regulations
Zoning--Municipal ordinances
Internal
06/7/2022
01/7/1994

Legality of city-county sales tax allocation agreement

MTAS was asked to determine whether there is any way for the city to get out of the contract under which the city waived its share of the sales tax to the county for a term ending upon the payment of a 2.4 million bond issue.

Hemsley, Sid
Legal Opinion
Contracts
Intergovernmental agreements
Tax collection
Taxes--Sales
Public
07/29/2021
04/13/1992

City attorney and city manager survey

Twenty cities were asked whether they have a city attorney, paralegals, and a city manager, as well as questions about the city attorney's annual budget and salary, plus, if the city manager has a contract.

Stokes, Richard
Survey
City attorney
City manager
City manager--Contracts
Internal
07/25/2021
05/11/2016

Public purpose doctrine: use of city's credit for private interests

Cities are granted the right to impose taxes to raise public funds in Article II , § 29 of the Tennessee Constitution, which states: “The General Assembly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for County and Corporation purposes, respectively....” From this language has grown the public purpose doctrine, which dictates that public funds and public resources can be used only for public purposes. City credit may be extended and used for a public purpose, under which a private firm or corporation does receive benefit, but such lending of credit must be authorized by referendum vote or by specific statutory authority absent such a vote.

Ashburn, Melissa
Legal Opinion
Public purpose
Finance--Use of public funds
Municipal government--Finance--Laws and regulations
State government--Constitution
State government--Tennessee
Tennessee--Laws and regulations
Tennessee
Public
06/26/2025

Construction and garage sales on Sundays

MTAS was asked whether a city could prohibit or limit the hours of construction and of garage sales on Sunday.

Hemsley, Sid
Legal Opinion
Laws and regulations--Municipal--Tennessee
Municipal government--Laws and regulations
Public
07/25/2021
02/1/2006

General law mayor-alderman municipalities that allow non-resident voting in municipal elections

List generated from internal research on charter provisions of all cities regarding general law mayor-alderman municipalities that allow non-resident voting in municipal elections.

Adams-O'Brien, Frances
Survey
Elections--Residency requirements
Charters--City--Tennessee
Internal
04/29/2024
12/1/2023
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