2021 Tennessee Code
Title 5 - Counties

§ 5-1-115. Removal of Vegetation and Debris From Certain Lots. [For Amendment Contingent on County Approval; See the Compiler's notes.] - not less than nor more than 5,800 6,100 31,500 31,800...

§ 5-1-117. Sober Ride Programs - In any county, including those having a metropolitan form of...

§ 5-1-119. Power to Condemn Property - Counties, by resolution of their respective legislative bodies, may condemn...

§ 5-1-120. Power to Regulate Stray Animals - Counties, by resolution of their respective legislative bodies, may license...

§ 5-1-121. Enforcement of County Rules - Counties, by resolution of their respective legislative bodies, may establish...

§ 5-1-122. Exclusion of Agricultural Buildings - The powers granted to counties by this part do not...

§ 5-1-123. General Sessions Court Empowered to Enforce County Rules - The general sessions court or court exercising the powers of...

§ 5-1-124. County Hospitals — Authority to Enter Into Contracts and Agreements - Notwithstanding any other law to the contrary, any county that...

§ 5-1-128. Sale of Surplus Property by Public Auction Includes Sale by Internet Auction - When a county, including any county having a charter or...

§ 5-1-131. Term Limits Relative to Persons Serving Without Compensation - Notwithstanding any law to the contrary, a county legislative body...

Part 2 - Charter Form of Government

§ 5-1-204. Charter Commission — Creation - not less than nor more than 4,300 4,400 4,500 4,600...

§ 5-1-209. Charter Referendum - For a charter form of county government . Against a...

§ 5-1-210. Charter Contents - The proposed county charter shall provide:

§ 5-1-213. Chartered Counties — Privilege Taxes - Each county government created and established pursuant to this part...

§ 5-1-214. Charter Adoption — Effective Date - If a charter is approved as provided in § 5-1-209,...

§ 5-1-215. Financial Policy on Debt Required for Certain Counties - The county legislative body of any county having a charter...

Part 3 - County Officials Certificate Training Program Act

§ 5-1-301. Short Title - This part shall be known and may be cited as...

§ 5-1-302. Participants - In the interpretation of this part, “participant” includes county sheriffs,...

§ 5-1-303. Creation - There is hereby created a county officials certificate training program...

§ 5-1-306. Introductory Level Renewal Sticker - Participants who do not wish to enter the intermediate level...

§ 5-1-309. Modification of Course Level Requirements - Modification of the course level requirements outlined in this part,...

Chapter 2 - Changes in Boundaries—new Counties

§ 5-2-101. New Counties — General Requirements - Code 1858, § 82 (deriv. Const. 1834, art. 10, §...

§ 5-2-102. New Counties — Notice of Petition for Creation - When it is intended to petition the general assembly to...

§ 5-2-103. Memorial for Division of County - Code 1858, §§ 88, 89 (deriv. Acts 1796 (March S.),...

§ 5-2-107. Transcription of Records - The county legislative bodies of new counties so formed may...

§ 5-2-108. New or Altered Counties — Pending Litigation - Code 1858, § 84 (deriv. Acts 1835-1836, ch. 86, §...

§ 5-2-110. Transfer of Court Records - In all cases where new counties are formed out of...

§ 5-2-112. Dissolution of New County — Pending Litigation - Code 1858, §§ 85, 86; Shan., §§ 103, 104; Code...

§ 5-2-113. Dissolution of New County — Fiduciaries - The executors, administrators and guardians appointed in such dissolved counties,...

§ 5-2-114. Location of Boundaries — Authority of State Board of Equalization - The state board of equalization shall have jurisdiction to determine...

§ 5-2-117. Location of Boundaries — Effect of Determination - Any determination of the state board of equalization regarding the...

Chapter 3 - Consolidation of Counties

§ 5-3-106. Dissolution of County — Transfer of Functions, Etc - Immediately upon the effective date of the consolidation of the...

§ 5-3-109. Indebtedness and Property - In the event of a favorable vote under § 5-3-104,...

§ 5-3-110. Transfer of Court Records - The records, papers, files, etc., in the chancery court, circuit...

§ 5-3-113. Debt Reorganization — Definition of Terms - As used in §§ 5-3-113 — 5-3-121, the following words...

§ 5-3-115. Debt Reorganization — Laws Relating to Particular County - All bonds issued under §§ 5-3-113 — 5-3-121 shall be...

§ 5-3-116. Debt Reorganization — Bond Interest and Maturity - According to the debt reorganization plan, approved by the state...

§ 5-3-120. Debt Reorganization — Bonds Tax Exempt - No bonds issued under the authority of §§ 5-3-113 —...

§ 5-3-124. State Consolidation Grants — Use and Purpose - Any money granted by the state consolidation committee to any...

Chapter 4 - Removal of County Seat

§ 5-4-101. Vote Required for Removal - Where an old county is reduced for the purpose of...

§ 5-4-102. Order of Election - The county legislative body may at any regular meeting, a...

§ 5-4-103. Balloting Procedure - Each voter shall put on such voter's ballot the name...

§ 5-4-105. Sale of Old Courthouse - When a county seat is removed, the members of the...

Chapter 5 - County Legislative Bodies

Part 1 - Substantive Provisions

§ 5-5-101. Basic Legislative Unit — Name Changes - Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch....

§ 5-5-104. Regular Meetings - Code 1858, § 4181 (deriv. Acts 1837-1838, ch. 135, §...

§ 5-5-106. Attendance at Meetings - Every member of the county legislative body shall be required...

§ 5-5-107. Compensation of Members - Counties of the third class $35/day Counties of the fourth...

§ 5-5-108. Quorum - A majority of the members of the county legislative body...

§ 5-5-109. Voting - Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, §...

§ 5-5-110. Business Presented by Chair - Code 1858, § 4188 (deriv. Acts 1847-1848, ch. 106, §...

§ 5-5-111. Filling Vacancies — Notice to Legislative Body — Notice to Public — Nominations — Appointment by Vote of Legislative Body — Challenge of Appointment — Deadline — Applicability of Provisions - Code 1858, § 817; Shan., § 1144; mod. Code 1932,...

§ 5-5-118. Powers and Duties — Voting Railroad Stock - The county legislative bodies have the power, and it is...

§ 5-5-119. Powers and Duties — Supervision of Local Improvements - The establishment and general supervision of roads and ferries, watercourses...

§ 5-5-120. Powers and Duties — Commissioners for Local Improvements - The county legislative bodies have power to appoint commissioners for...

§ 5-5-121. Powers and Duties — Control of Public Buildings - The county legislative bodies have power to erect or control,...

§ 5-5-122. Powers and Duties — Tax Levy for Public Buildings - The county legislative bodies have full power to lay any...

§ 5-5-123. Powers and Duties — Time for County Tax Levy - The county legislative body is required, at the first term...

§ 5-5-124. Powers and Duties — Correction of Tax Errors - The county legislative bodies may release from double taxes, when...

§ 5-5-125. Powers and Duties — Exemptions From Roadwork, Peddling Requirements - The county legislative bodies may exempt any indigent, decrepit, or...

§ 5-5-126. Powers and Duties — Oaths of Witnesses - Power is given to members of the county legislative body...

Part 2 - Transitional Provisions -

Chapter 6 - County Mayors

Part 1 - Substantive Provisions

§ 5-6-101. County Mayor — Term — Title - Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, §...

§ 5-6-102. Election - Election of the county mayor shall be in accordance with...

§ 5-6-108. Powers and Duties — County Property and Accounts - The county mayor shall be the accounting officer and general...

§ 5-6-109. Powers and Duties — Bond - All county mayors shall, before entering upon the discharge of...

§ 5-6-110. Powers and Duties — Duties as Financial Officer - It is the duty of the county mayor to: Code...

§ 5-6-112. Powers and Duties — Powers as Financial Officer - The county mayor has the power to: Code 1858, §...

§ 5-6-114. Powers and Duties — Acting for Clerk - When the county clerk is incompetent, because of interest or...

§ 5-6-115. Incompetency of Clerk — Additional Provisions - When the county clerk is incompetent to take and state...

§ 5-6-116. Clerical Assistants - The county mayor for each county may employ one (1)...

Part 2 - Transitional Provisions -

Chapter 7 - County Buildings and Property

§ 5-7-101. County Powers Generally - Each county may acquire and hold property for county purposes,...

§ 5-7-102. Grants for Use of County - All deeds, conveyances or grants that have been, or may...

§ 5-7-103. Sites for Offices - The county legislative body of every county, a majority of...

§ 5-7-104. Required Structures - It is the duty of the county legislative body to...

§ 5-7-105. Location of County Buildings and Courthouse, Jail, Workhouse and County Highway Department Garage — Interlocal Agreements - Code 1858, § 410; Shan., § 502; Code 1932, §...

§ 5-7-106. Construction and Maintenance Costs — Tax Levy - The county buildings are to be erected and kept in...

§ 5-7-107. Employment of Superintendent - The county legislative body is authorized, but not required, to...

§ 5-7-108. Courthouse — Sheriff's Power and Duties - Code 1858, § 413; Shan., § 505; Code 1932, §...

§ 5-7-110. Jail Specifications - Code 1858, § 412; Acts 1873, ch. 104, § 1;...

§ 5-7-111. Replacement of Courthouse or Jail — Authorization - Whenever, in the opinion of a majority of the members...

§ 5-7-114. Replacement of Courthouse or Jail — Deed Conveying Old Site - Any deed of conveyance of the old site of the...

§ 5-7-115. Authority for County Governments to Display Historic Documents on Public Buildings and Grounds - Each county is authorized to display, in county public buildings...

§ 5-7-116. Leasing - Each county may lease land or existing buildings owned by...

§ 5-7-119. County Authorized to Dispose of Real Property at Nominal Cost to Certain Nonprofit Corporations - Notwithstanding any rule, regulation or other law to the contrary,...

Chapter 8 - Receipt and Management of Funds

Part 1 - General Provisions

§ 5-8-101. Sources of County Revenue — Gifts and Donations - Code 1858, § 482; Shan., § 644; mod. Code 1932,...

§ 5-8-103. Exempt or Taxable Property, Privileges - The property and privileges that are taxable or exempt from...

§ 5-8-104. Fines Applied to County Use - Fines, amercements, forfeitures, and recoveries in prosecutions for offenses below...

§ 5-8-105. Fines Adjudged by General Sessions Judges - Fines and forfeitures arising in pursuance of the judgment of...

§ 5-8-106. Revenue Docket - A book, to be called the revenue docket, shall be...

§ 5-8-108. Authority to Seek and Use Public Funds - Counties of this state, acting through their appropriate governing bodies,...

Part 2 - Bank Accounts

§ 5-8-202. Contracts — Execution and Effect - The finance committee, to carry out the will of the...

§ 5-8-203. Contracts — Notice to Trustee - When the contract has been signed on the part of...

§ 5-8-204. Deposit of Funds by Trustee - Upon the receipt of the notice and order specified in...

§ 5-8-205. Liability of Trustee - From the date of the deposit, which shall be evidenced...

§ 5-8-206. Monthly Statements - Before the fifteenth of each month, each of the contracting...

Part 3 - Investment in Bonds or Notes -

Part 4 - Unclaimed Funds

§ 5-8-401. Disposition - The county mayor is required, in making settlements with clerks,...

§ 5-8-402. Records and Reports - Code 1858, §§ 522, 523 (deriv. Acts 1845-1846, ch. 32,...

§ 5-8-403. Payment to Claimant - The person to whom any money paid into the county...

§ 5-8-404. Unclaimed Funds From Appellate Courts - This part shall apply to clerks of the appeals and...

Part 5 - Accounting System and Reports

§ 5-8-501. Standard Accounting System - The comptroller of the treasury, with the approval of the...

§ 5-8-502. Compliance With Accounting Standards - All county officials and agencies receiving and disbursing the revenues...

§ 5-8-503. Noncompliance — Additional Audit Costs - If any county official or agency receiving and disbursing the...

§ 5-8-505. Financial Reports — Applicability and Contents - All appointive or elective county public officials, official county boards,...

Chapter 9 - Appropriation and Disbursement of Funds

Part 1 - Authorized Appropriations Generally

§ 5-9-101. Miscellaneous Purposes - The county legislative body may appropriate moneys as follows: Code...

§ 5-9-102. State and County Fairs - The county legislative bodies are empowered to make appropriations of...

§ 5-9-103. Market Houses - The county legislative body is authorized to appropriate money towards...

§ 5-9-104. Farmers' Extension Work - The county legislative bodies are empowered to appropriate annually such...

§ 5-9-110. Animal Welfare - The several counties of the state, after the affirmative vote...

Part 2 - Advertising and Tourist Promotion

§ 5-9-202. Control of Expenditures - The funds appropriated pursuant to authority vested in the various...

§ 5-9-203. Related County Powers - To carry out the purpose and intent of this part,...

Part 3 - Procedures

§ 5-9-302. Vote on Appropriations - In making appropriations of money, the vote of the members...

§ 5-9-304. Revenue Docket — Entry of Claims - Code 1858, §§ 496, 498; Shan., §§ 654, 656; Code...

§ 5-9-305. Revenue Docket — Jurors' Claims - The evidence upon which claims of jurors shall be entered...

§ 5-9-306. Revenue Docket — Entry Prerequisite to Warrant Issuance - No warrant shall be drawn for any claim against the...

§ 5-9-307. Warrant of County Mayor Required - not less than nor more than 12,725 12,825 20,300 20,400...

§ 5-9-308. Bills of Cost — Certification - Code 1858, § 527; Acts 1897, ch. 29, § 1;...

§ 5-9-309. Bills of Cost — Correction - If the county mayor, when a bill of costs authenticated...

§ 5-9-311. Pauper's Burial — Affidavit - No warrant shall be drawn to pay for the funeral...

§ 5-9-312. Judgment Against County — Tax Levy - Where judgment is obtained against a county, the county legislative...

§ 5-9-313. Judgment Against County — Mandamus - Code 1858, §§ 535, 536 (deriv. Acts 1855-1856, ch. 90,...

Part 4 - Agency Expenditures

§ 5-9-401. County Legislative Body Appropriates Agency Funds - All funds from whatever source derived, including, but not limited...

§ 5-9-403. Agency Budgets — Form - In all cases in which the form of the budget...

§ 5-9-405. Provisions Constitute Minimum Requirements - The requirements set forth in §§ 5-9-401 — 5-9-404 shall...

§ 5-9-406. Exemptions From Application - This part shall not apply with respect to offices that...

Chapter 12 - County Budgeting Laws

Part 1 - County Budgeting Law of 1957

§ 5-12-101. Short Title - This part shall be known and may be cited as...

§ 5-12-103. Local Approval — Effect - Any county that adopts this law, or the budgeting system...

§ 5-12-108. Budget Proposal — Public Comment — Committee Revisions - that shall include comparisons of the proposed budget with the...

§ 5-12-112. Violations — Penalties - Any official or employee of the county, or of any...

§ 5-12-113. Application to Schools, Etc - This part shall not apply to county school funds for...

Part 2 - Local Option Budgeting Law of 1993

§ 5-12-201. Short Title — Applicability - This part shall be known and may be cited as...

§ 5-12-202. Part Definitions - As used in this part, unless the context otherwise requires:

§ 5-12-203. Applicability - This part applies to each department, office or agency funded,...

§ 5-12-204. Duties of Comptroller of the Treasury or the Comptroller's Designee Not Precluded - Nothing in this part shall be construed as precluding the...

§ 5-12-205. Conflicts With Other Laws - If a county included in this part has adopted the...

§ 5-12-206. Forms on Which to Submit a Proposed Budget - The county mayor of each county shall furnish to the...

§ 5-12-207. County Mayor to Furnish an Estimate of Revenue - The county mayor shall furnish to the director of schools...

§ 5-12-211. Right to Petition for Additional Deputies and Assistants Not Precluded - The budget shall have attached to it any court order...

§ 5-12-212. Requests for Budget Amendment — Approval - When the budget has been adopted, whether by action of...

§ 5-12-214. Approval of Appropriation for Capital Expenditures to Be Financed by Long-Term Debt - Any appropriation for capital expenditures to be financed by long-term...

§ 5-12-216. Modification of Dates - If good cause is shown, such as, but not limited...

§ 5-12-217. Creation of a Revenue Fluctuation Major Category - The county legislative body may, in its discretion and with...

Chapter 13 - County Fiscal Procedure Law of 1957

§ 5-13-101. Short Title - This chapter shall be known as the “County Fiscal Procedure...

§ 5-13-106. Receipt of Funds - Excepting taxes such as the county trustee is authorized to...

§ 5-13-109. Violations — Penalties - Any official named in this chapter, or any other official,...

§ 5-13-110. Application to Schools, Etc - This chapter shall not apply to county school funds for...

§ 5-13-111. Construction of Chapter - This chapter is not exclusive and shall not prevent the...

Chapter 14 - County Purchasing

Part 1 - County Purchasing Law of 1957

§ 5-14-101. Short Title - This part shall be known and may be cited as...

§ 5-14-105. Purchasing Agent — Powers and Duties - The county purchasing agent has exclusive power and it is...

§ 5-14-107. Rules and Regulations - The county purchasing agent, with the assistance of the county...

§ 5-14-109. Purchases — Certification of Adequate Funding - Except in emergencies, no order for delivery on a contract...

§ 5-14-113. Liability of County - The county shall be liable for the payment of all...

§ 5-14-116. Construction of Part - This part is not exclusive and shall not prevent the...

Part 2 - County Purchasing Law of 1983

§ 5-14-201. Short Title - This part shall be known and may be cited as...

§ 5-14-202. Application of Part - This part applies to all purchases by authorized officials in...

§ 5-14-203. Limits on Purchases - All purchases made from funds subject to the authority of...

§ 5-14-204. Bidding — Exceptions - All purchases and leases or lease-purchase agreements shall be made...

§ 5-14-205. Expenditures Under $10,000 - All purchases, leases or lease-purchase arrangements with expenditures of less...

Chapter 16 - Urban Type Public Facilities

§ 5-16-102. Resolution of Authorization - For the exercise of the powers conferred by this chapter,...

§ 5-16-103. Board of Public Utilities. [For Contingent Amendment, See the Compiler’s notes.] - [For contingent amendment, see the Compiler’s Notes.]

§ 5-16-108. Sewerage Facilities — Mandatory Connection and Use - The board or other administrative agency is hereby authorized to...

§ 5-16-111. Service Near City or Town — Restrictions - A county may not extend any public facilities, as provided...

Chapter 17 - County-Wide Fire Departments

§ 5-17-108. Service Supplementary - Nothing in this chapter shall be construed to limit in...

Chapter 18 - County Historian

§ 5-18-101. In General - The legislative body of each county shall appoint some person...

Chapter 19 - Garbage and Rubbish Collection and Disposal Services

§ 5-19-101. Power Granted to Counties - The several counties of this state are hereby authorized to...

§ 5-19-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 5-19-103. Resolution Authorizing Services - For the exercise of the powers conferred by this chapter,...

§ 5-19-107. Powers of Counties - The several counties are empowered to do all things necessary...

§ 5-19-108. Tax Levy - Such garbage and rubbish collection and disposal services may be...

§ 5-19-115. Governmental Entities' Rights Preserved - Any of the provisions of this chapter notwithstanding, any municipality,...

§ 5-19-116. Householders' Rights Preserved - This chapter shall not prohibit an individual householder from disposing...

Chapter 20 - Adoption of Prepared Building, Plumbing and Gas Codes by Reference

§ 5-20-101. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 5-20-104. Enforcement of Code - The county attorney or any official vested with the powers...

§ 5-20-106. Applicability - This chapter shall apply only to the unincorporated area of...

Chapter 21 - County Financial Management System of 1981

§ 5-21-101. Short Title - This chapter shall be known and may be cited as...

§ 5-21-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 5-21-105. Special Committees — General Provisions - not less than nor more than 13,375 13,600 46,000 46,500...

§ 5-21-111. Budget — Hearings — Supporting Documents — County Action — Continuing Budget - that shall include comparisons of the proposed budget with the...

§ 5-21-122. Committee Members — Compensation - The county legislative body shall set the compensation based on...

§ 5-21-125. Violations — Penalties - Any official or employee of the county, or of any...

§ 5-21-128. Suspension of Private or Local Acts - Upon ratification by the county legislative body or the people...

Chapter 23 - Written Personnel Policies

§ 5-23-101. Legislative Intent - It is the legislative intent that all counties in this...

§ 5-23-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 5-23-104. Required Provisions - The base personnel policies required under this chapter are:

§ 5-23-105. Retainer of Attorney - The county mayor shall retain an attorney, subject to confirmation...

§ 5-23-106. Modification of Policy - Once adopted and approved as provided in this chapter, personnel...

§ 5-23-107. Duties of County Officials and Department Heads - Each county official and each department head within the county...

§ 5-23-108. Existing Authority to Be Retained by Officials - Elected or appointed officials, boards and department heads shall retain...

§ 5-23-109. Actions by Counties Against Official or Employee in Derogation of Chapter - If a court finds a county liable as a result...

§ 5-23-110. Mandamus to Compel Compliance - In order to enforce this chapter, the county mayor is...

§ 5-23-111. Compliance With Title Vi - No expenditure of public funds pursuant to this chapter shall...

§ 5-23-112. Applicability - This chapter is intended to supersede any conflicting general laws...

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2021 Tennessee Code Title 5 - Counties

2021 Tennessee Code
Title 5 - Counties