Tennessee § 6-51-201 - Procedure — Ordinance — Referendum.

§ 6-51-201. Procedure — Ordinance — Referendum.

Any incorporated city or town, whether it was incorporated by general or special act, may contract its limits within any given territory; provided, that three fourths (¾) of the qualified voters voting in an election thereon assent thereto. Any incorporated city or town, whether it was incorporated by general or special act, may after notice and public hearing, contract its limits within any given territory upon its own initiative by ordinance when it appears in the best interest of the affected territory. Such contraction of limits within any territory shall not occur unless a majority of the total membership of the city legislative body approves such contraction. Such contraction of limits within any territory shall not occur if opposed by a majority of the voters residing within the area to be deannexed. The concurrence of a majority of the voters shall be presumed unless a petition objecting to deannexation signed by ten percent (10%) of the registered voters residing within the area proposed to be deannexed is filed with the city recorder within seventy-five (75) days following the final reading of the contraction ordinance. If such a petition is filed, a referendum shall be held at the next general election to ascertain the will of the voters residing in the area that the city proposes to deannex. The ballot shall provide a place where voters may vote for or against deannexation by the city. If a majority of those voting in the referendum fail to vote for the deannexation, the contraction ordinance shall be void and the matter may not be considered again for two (2) years. If a majority vote for deannexation, the ordinance shall become effective upon certification of the result of the referendum. Acts 1875, ch. 92, § 15; Shan., § 1911; mod. Code 1932, § 3322; Acts 1955, ch. 61, § 1; 1955, ch. 113, § 10; 1979, ch. 363, § 1; T.C.A. (orig. ed.), § 6-304; Acts 1984, ch. 731, § 1. Law Reviews. Consolidation of County and City Functions and Other Devices for Simplifying Tennessee Local Government (Wallace Mendelson), 8 Vand. L. Rev. 878 (1954). Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation. OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12). Referendum on deannexation. OAG 13-45, 2013 Tenn. AG LEXIS 47 (6/11/13).