Tennessee § 6-53-105 - Home rule municipalities — Elections on questions requiring local approval and on amendments to charter.

§ 6-53-105. Home rule municipalities — Elections on questions requiring local approval and on amendments to charter.

In any municipality that has adopted home rule, where any question subject to local approval, under the provisions of the Constitution of Tennessee, article XI, § 9 has not been approved by a two-thirds (2/3) vote of the local governing body, a petition signed by the qualified voters of the municipality in a number amounting to at least ten percent (10%) of the votes cast in the last election for mayor may be filed with the appropriate election commission officials not later than sixty (60) days prior to the day of the next regular election or primary, and the question shall be placed on the ballot of the next regular election. Where the total cost of conducting a special election pursuant to the Constitution of Tennessee, article XI, § 9 is defrayed completely by private financial contributions, a special election may be held for the purpose of approving or disapproving the question. Except in counties having a metropolitan form of government and having a population of not less than four hundred twenty thousand (420,000) nor more than five hundred thousand (500,000), according to the 1970 federal census, the local governing body of any municipality that has adopted home rule may, by ordinance, propose an amendment to the charter of such municipality by a majority vote of the body and submit the same for ratification by approval of the qualified voters of the municipality, in a special election to be held for such purpose, the amendment to be limited in its substance and applicability to the establishment of a property tax rate, or the increasing or reduction thereof. When such local governing body has proposed any such amendment, it shall notify the election commission, which shall call and hold an election for the municipality after giving forty-five (45) days' notice that such election will be held. The ballot shall set forth the proposed amendment as set out in the resolution adopted by the local governing body, and the voters shall vote “For the amendment” or “Against the amendment.” Following the election the vote shall be canvassed by the county election commission and if a majority of those voting vote for the amendment, it shall become a part of the charter of such home rule municipality. On any ballot on which an amendment to the charter of a home rule municipality appears for approval or disapproval by the electorate, a statement certified by the chief financial officer of the municipality shall appear immediately after the language describing the amendment but before the questions “For the amendment” and “Against the amendment.” The statement shall indicate the chief financial officer's estimate of the net cost savings, net cost increase, or net increase or decrease in revenues, on a yearly basis, if any, that will be effected if the amendment is approved. The statement by the financial officer shall be made readily distinguishable from the language describing the amendment itself. Acts 1972, ch. 512, § 1; 1973, ch. 225, §§ 1, 2; T.C.A., § 6-509; Acts 1993, ch. 199, § 1. Attorney General Opinions. Repeal of adoption of home rule, OAG 98-0106, 1998 Tenn. AG LEXIS 106 (6/11/98). A charter commission may in its discretion frame many changes to a home rule charter as part of a single measure subject to a single vote, or may frame each change as part of a separate measure subject to a separate vote, as it deems appropriate. OAG 06-124, 2006 Tenn. AG LEXIS 133 (8/2/06). Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.