Skip to main content

Maintenance of a county road

MTAS was asked about the advisability of spending city funds to improve a road outside of the city limits.

Broughton, Jeff
General
Streets--Maintenance
County government
Finance--Use of public funds
Municipal government--Finance--Laws and regulations
Public
10/7/2020
07/8/2015

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

Public purpose doctrine and municipal indemnity

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 can be used only for public purposes. The courts have applied this doctrine to claims for indemnity by public officials and employees, and the reasoning in these cases apply to indemnity clauses in contracts and other situations in which municipalities attempt to indemnify other parties.

Ashburn, Melissa
Legal Opinion
Public purpose
Insurance--Liability--Public officials
Liability--Laws and regulations
Municipal government--Laws and regulations
Municipal government--Services--Contracts
State government--Constitution
Tennessee--Laws and regulations
Tennessee
Public
06/26/2025

City administrator/manager performance review outline and worksheet form

These forms are to be used by the elected board of a municipality to assess the value and performance of the city administrator or manager. Included are an outline for the review process and an Excel worksheet for rating and scoring performance.

Auger, Pete
Form
City manager
City administrator
Personnel--Performance appraisal
Personnel--Performance measurement
Personnel--Administration
Internal
06/24/2025

Public purpose doctrine

MTAS was asked about the legality of a city and church sharing in the costs of constructing a fence on an easement.

Jones, Josh
Legal Opinion
Municipal government--Finance--Laws and regulations
Easements
Construction
Finance--Use of public funds
Public
10/18/2022
08/10/2009
Subscribe to