Tennessee § 6-51-102 - Plan of services.

§ 6-51-102. Plan of services.

[Deleted by 2014 amendment, effective May 16, 2015.] Before any territory may be annexed under this part, the governing body of the municipality shall adopt a plan of services establishing at least the services to be delivered and the projected timing of the services. Upon adoption of the plan of services, the municipality shall cause a copy of the plan of services to be forwarded to the county mayor in whose county the territory being annexed is located. The plan of services shall be reasonable with respect to the scope of services to be provided and the timing of the services. The plan of services shall include, but not be limited to: police protection, fire protection, water service, electrical service, sanitary sewer service, solid waste collection, road and street construction and repair, recreational facilities and programs, street lighting, and zoning services. If the municipality maintains a separate school system, the plan shall also include schools and provisions specifically addressing the impact, if any, of annexation on school attendance zones. If the municipality does not maintain a separate school system, then the municipality shall provide written notice of the annexation to all affected school systems as soon as practicable, but in no event less than thirty (30) days prior to the public hearing requirement set forth in subdivision (b)(4). The plan of services may exclude services that are being provided by another public agency or private company in the territory to be annexed other than those services provided by the county. The plan of services shall include a reasonable implementation schedule for the delivery of comparable services in the territory to be annexed with respect to the services delivered to all citizens of the municipality. Before a plan of services may be adopted, the municipality shall submit the plan of services to the local planning commission, if there is one, for study and a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the governing body a longer period is allowed. Before the adoption of the plan of services, a municipality shall hold a public hearing. Notice of the time, place, and purpose of the public hearing shall be published in a newspaper of general circulation in the municipality not less than fifteen (15) days before the hearing. The notice shall include the locations of a minimum of three (3) copies of the plan of services, which the municipality shall provide for public inspection during all business hours from the date of notice until the public hearing. A municipality may not annex any other territory if the municipality is in default on any prior plan of services. If a municipality operates a school system, and if the municipality annexes territory during the school year, any student may continue to attend such student's present school until the beginning of the next succeeding school year unless the respective boards of education have provided otherwise by agreement. [Deleted by 2014 amendment, effective May 16, 2015.] [Deleted by 2014 amendment, effective May 16, 2015.] After receiving the notice from the municipality, as provided in subdivision (b)(1), the county mayor shall notify the appropriate departments within the county regarding the information received from the municipality. Acts 1955, ch. 113, § 2; 1961, ch. 320, § 1; 1969, ch. 136, § 1; 1971, ch. 420, §§ 1, 2, 3; 1972, ch. 844, § 1; 1974, ch. 753, §§ 1, 2, 8, 9; T.C.A., § 6-309; Acts 1980, ch. 849, § 1; 1981, ch. 522, §§ 1, 2; 1982, ch. 867, § 1; 1986, ch. 734, § 1; 1987, ch. 87, § 1; 1988, ch. 787, § 1; 1998, ch. 1101, §§ 19, 20; 2003 ch. 90, § 2; 2003, ch. 225, § 1; 2005, ch. 411, §§ 1, 2, 7; 2008, ch. 818, § 3; 2014, ch. 707, §§ 2(a), 3; 2015, ch. 512, § 2. Code Commission Notes. The provisions of former subdivisions (a)(2)(A)-(J)(i)-(iv) and (K) have been held unconstitutional, and have been deleted by authority of the code commission. Former subdivision (a)(2)(J)(v) was redesignated (a)(2)(E) in 1998. Compiler's Notes. Acts 1981, ch. 522 deleted “provided the ordinance shall not become operative until thirty (30) days after final passage” from the end of former subsection (a). However, because of qualifications on the applicability on the act deleting that material, and thus the continued applicability of the deleted language to certain counties, two versions of former subsection (a) have been set up: subdivision (a)(1), containing the language, and subdivision (a)(2)(A), reflecting the deletion of the language by Acts 1981, ch. 522. See Vollmer v. City of Memphis, 730 S.W.2d 619 (Tenn. 1987), and opinions of the attorney general, OAG 88-84 (4/15/88), including April 20, 1988 supplement to that opinion, as well as OAG U86-67 (4/7/86), regarding the constitutionality of various provisions in this section. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Acts 2008, ch. 818, § 3 amended this section by deleting former subdivisions (a)(2)(A)-(D). Former subdivision (a)(2) provided applicability provisions for former subdivisions (a)(2)(A)-(D) that were deleted by the act. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2014 ch. 707, § 2(b) provides that § 2(a), which deletes subsections (a), (c), and (d) of this section, prohibits any annexation by ordinance that is not both operative and effective prior to May 16, 2015. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015. However, the governor signed the act and it became law on May 20, 2015. Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law. Thus, the effective date of the act is June 29, 2015. Amendments. The 2014 amendment, effective May 16, 2015, deleted former (a) which read: “(1) A municipality, when petitioned by a majority of the residents and property owners of the affected territory, or upon its own initiative when it appears that the prosperity of such municipality and territory will be materially retarded and the safety and welfare of the inhabitants and property endangered, after notice and public hearing, by ordinance, may extend its corporate limits by annexation of such territory adjoining its existing boundaries as may be deemed necessary for the welfare of the residents and property owners of the affected territory as well as the municipality as a whole; provided, that the ordinance shall not become operative until thirty (30) days after final passage thereof. During this thirty-day period, the municipality shall notify the county mayor in whose county the territory being annexed is located that territory located in the unincorporated part of the county is being annexed by the municipality. The notification shall include a copy of the annexation ordinance and a map of the area being annexed.“(2) The provisions of subdivision (a)(1) that are in conflict with this subdivision (a)(2) do not apply to any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census. In such county, if the proposal to extend the corporate limits by the annexation of territory adjoining the existing boundaries of a municipality is proposed by the municipality upon its own initiative by ordinance, the ordinance shall not become operative until an election is held at the expense of the proposing municipality for approval or disapproval of such annexation by the qualified voters who reside in the territory proposed for annexation. The operation of the ordinance shall be subject to approval of the voters who reside in such territory. The county election commission shall hold an election thereon, providing options to vote ‘For’ or ‘Against’ the ordinance, not less than forty-five (45) days nor more than sixty (60) days after the receipt of a certified copy of such ordinance, and a majority vote of those voting in the election shall determine whether the ordinance is to be operative. A vote ‘For’ the ordinance shall be a vote ‘For Annexation’ and a vote ‘Against’ the ordinance shall be a vote ‘Against Annexation.’ If the vote is for the ordinance, the ordinance shall become operative thirty (30) days after the date that the county election commission makes its official canvass of the election returns; such ordinance shall not become operative before the expiration of one hundred twenty (120) days following the final passage of the annexation ordinance. If the ordinance is rejected, all relevant provisions in this chapter shall apply to the question of annexation in such county.“(3)(A) No municipality having a population greater than ten thousand (10,000), according to the 1970 federal census or any subsequent federal census shall, by means of annexation by ordinance upon its own initiative, increase the land area contained within its boundaries by more than twenty-five percent (25%) during any twenty-four-month period.“(B)(i) Subdivision (a)(3)(A) shall not apply to any municipality having a population of less than twelve thousand (12,000), according to the 1980 federal census or any subsequent federal census, and the charter of which is provided for by a private act of the general assembly, and not under the general law of this title.“(ii) Subdivision (a)(3)(B)(i) shall not apply to any municipality located in any county having a population of not less than thirty-four thousand one hundred (34,100) nor greater than thirty-four thousand two hundred (34,200), or located in any county having a population of not less than thirty-seven thousand (37,000) nor greater than thirty-seven thousand one hundred (37,100), or located in any county having a population of not less than forty-nine thousand four hundred (49,400) nor greater than forty-nine thousand five hundred (49,500), each according to the 1980 federal census or any subsequent federal census.”; deleted former (c) which read: “Anything contained in this chapter to the contrary notwithstanding, a municipality in any county having a population of over sixty-six thousand (66,000), except in those counties having a population of more than seven hundred thousand (700,000), according to the federal census of 1970 or any subsequent federal census; or in those counties that have the metropolitan form of government, shall have the supplemental right and authority to annex upon its own initiative by ordinance any territory without levying any municipal ad valorem taxes, except for actual municipal services rendered, and that the residents of, and persons owning property in, annexed territory shall be entitled to rights and privileges of citizenship, in accordance with the provisions of the annexing municipality's charter, immediately upon annexation as though such annexed territory had always been a part of the annexing municipality; and it shall be the duty of the governing body to put into effect with respect to an annexed area any charter provisions relating to representation on the governing body. Any municipality that exercises such right to annex is hereby authorized, required and shall levy separate ad valorem taxes for each municipal purpose or service, or both, within the existing limits of the city and shall levy only such taxes, if any, in any territory annexed hereunder when and if the municipal service or purpose for which such taxes have been imposed is actually being rendered; provided, that in the case of sanitary sewers, such sewers shall be furnished within thirty-six (36) months after ad valorem taxes become due.”; deleted former (d) which read: “In counties having a population of more than seven hundred thousand (700,000), or having a population of not less than two hundred sixty thousand (260,000) nor more than two hundred eighty thousand (280,000), according to the 1970 federal census or any subsequent federal census, or in those counties that have the metropolitan form of government, a smaller municipality may, by ordinance, extend its corporate limits by annexation of any contiguous territory, when such territory within the corporate limits of a larger municipality is less than seventy-five (75) acres in area, is not populated, is separated from the larger municipality by a limited access express highway, its access ramps or service roads, and is not the site of industrial plant development. The provisions of this chapter relative to the adoption of a plan of service and the submission of same to a local planning commission, if there is such, shall not be required of the smaller municipality for such annexation.”; and deleted “(a)(1) or” prior to “(b)(1)” in (e). The 2015 amendment substituted “under this part” for “under this section” in the first sentence of (b)(1). Effective Dates. Acts 2014, ch. 707, § 8. May 16, 2015. Acts 2015, ch. 512, § 18. June 29, 2015. Cross-References. Streets in annexed territory, § 7-31-104 . Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 13-16, 18; 21 Tenn. Juris., Quo Warranto, § 5. Law Reviews. Municipalities — Judicial Review of Annexation, 36 Tenn. L. Rev. 825 (1969). Symposium – Memphis in the Law: The Whitehaven Annexation Case (John J. Thomason), 41 U. Mem. L. Rev. 925 (2011). Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation. OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12). Absent invidious discrimination or an intent to circumvent the “one person, one vote” principle, annexation by municipal ordinance is constitutional. Neither the United States Constitution nor the Tennessee Constitution recognizes a right for a person to retain his or her real property in a particular unit of local government. OAG 13-58, 2013 Tenn. AG LEXIS 59 (7/25/13).