Legality of city contracting with utility district water system to collect city's sewer charges

MTAS was asked whether the city and the utility district can contract for the utility district to cut off the water of the city's delinquent sewer customers without the contract also providing for the utility district to handle the city's sewer service billing.

Hemsley, Sid
Legal Opinion
Contracts
Sewers
Utilities--Contracts and agreements
Utilities--Rates and charges
Water--Rates and charges
Public
07/29/2021
12/20/1990

Tax map and boundary issue

An old tax map shows the property is located in the city but the map was changed sometime within the past 10 years to show the property is outside the city line, in the county.

Ashburn, Melissa
Legal Opinion
Maps and mapping
Taxes--Real property--Tennessee
Annexation--Laws and regulations--Tennessee
Zoning--Laws and regulations--Tennessee
Mobile homes
Land use
Public
04/15/2021
08/25/2003

Policy on use of the city attorney(s)

The City of Gustavus, Alaska, created a policy and procedure for queries to the City Attorney.

Gustavus (Alaska)
General
City attorney
Public
07/29/2021
02/10/2011

Local cost of property reappraisal

Cities across the state have been notified by the county property assessor’s offices of an increased cost of property reappraisal this year and going forward. The argument for increasing these costs is that other functions of the property assessor’s office are utilized in the reappraisal program and must be maintained in order to remain in compliance with the reappraisal program. However, based upon the statutory language and legislative history, MTAS attorneys disagree with any opinion that general property assessor expenses unrelated to a reappraisal can be charged to a city. In fact, it is our legal opinion that the legislative intent is that “local cost of reappraisal” were to be “limited to the increased cost incurred by the requirements of this section and 67-5-1602 – 67-5-1604.”

O'Hara, Stephanie Allen
Ashburn, Melissa; Hodge, Elisha
Legal Opinion
Taxes--Property assessment and appraisal
Intergovernmental agreements
County government
Internal
06/1/2022
05/28/2020

MTAS/CTAS ADA compliance officer training 2018

Materials from an MTAS/CTAS statewide class designed for those city and county staff with ADA compliance responsibilities. Information resources includes the extensive class handout as well as the class slide presentation.

O'Hara, Stephanie Allen
Adams-O'Brien, Frances; Jaeckel, Gary; Stokes, Richard
General
ADA Amendments Act
Americans with Disabilities Act of 1990
Disabled--Laws and regulations
Public facilities
Public works--Laws and regulations
Public
07/29/2021
06/5/2018

Police car advertising contract

MTAS was asked to review a contract proposed by company under which police car would be provided to city for $1 for 3 years, on the condition that company be able to place advertising on the vehicle, and purchase it back from the city for $1 after 3 year period.

Ashburn, Melissa
Legal Opinion
Contracts
Police--Equipment--Vehicles
Fleet management
Purchasing
Internal
07/29/2021
12/18/2002

Tennessee Petroleum Underground Storage Tank Act

MTAS was asked what the phrase 'function as a sovereign' means.

Hemsley, Sid
Legal Opinion
Hazardous waste--Underground storage tanks
Laws and regulations
Internal
05/28/2021
10/6/1998

Sample resolution adopting a public records policy

MTAS created a sample resolution for Tennessee municipalities to use in order to adopt a public records policy that will provide economical and efficient access to public records as provided under the Tennessee Public Records Act ('TPRA') in Tenn. Code Ann. 10-7-501, et seq. by July 1, 2017. The sample resolution adopting a public records policy includes a public records policy, a public records request form, and a public record request response form. (updated 11/2/2017)

O'Hara, Stephanie Allen
Form
Records management--Open records
Records management--Open records--Municipal resolutions
Records management
Records management--Municipal resolutions
Records management--Open records--Laws and regulations
Forms
Forms--Municipal
Municipal government--Municipal resolutions
Public
07/19/2021
11/2/2017

Land swap between the city and owner of private property

MTAS was asked whether the city can enter into a land swap agreement with private parties, and what rules govern such transactions.

Hemsley, Sid
Legal Opinion
Contracts--Laws and regulations
Land use--Laws and regulations
Public
07/19/2021
12/15/2008

“Wastewater treatment facilities management agreement” and responsibility of the county water and wastewater treatment authority to maintain lateral sewer lines

The City entered into a Wastewater Treatment Facilities Management Agreement with the County Water and Wastewater Treatment Authority for the operation of the City’s wastewater facilities on October 31, 2003. The City actually transferred its facilities to the Authority pursuant to the Agreement. The Authority now claims that it is only responsible for the operation and maintenance of the “main” lines, not the lateral lines, although the City understood that all assets and liabilities of the wastewater facility were transferred to the Authority. MTAS was asked to review the Agreement and statutes and determine if lateral lines are included in the property transferred to the Authority.

Ashburn, Melissa
Legal Opinion
Wastewater--Contracts
Wastewater--Administration
Wastewater--Laws and regulations
Intergovernmental agreements
Public
04/15/2021
08/3/2017
Subscribe to