Tennessee § 6-30-104 - Procedure for adoption or surrender of charter.

§ 6-30-104. Procedure for adoption or surrender of charter.

The adoption or surrender of chapters 30-36 of this title shall be accomplished in the same manner as is provided in §§ 6-18-104(c), 6-18-105 — 6-18-113 and 6-30-106 for the adoption or surrender of the uniform city manager-commission charter; provided, that where those sections refer to chapters 18-22 of this title “chapters 30-36 of this title” shall be substituted; that where the uniform city manager-commission charter is referred to “modified city manager-council charter” shall be substituted; and that where commissioners are referred to, “council members” shall be substituted. No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year. Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks. Acts 1957, ch. 238, § 1.04; 1959, ch. 139, § 1; T.C.A., § 6-3004; Acts 1983, ch. 33, § 6; 1993, ch. 320, § 8. Compiler's Notes. Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor chapter 51 of this title shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.