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PDF versionSECTION 1. That:
Whereas, There now exists in one or more Counties subject to the provisions of Chapter 613 of the Private Acts of the General Assembly of Tennessee of 1931 and all Acts amendatory thereof and appurtenant thereto separate County and City Planning Commissions and separate County and City Boards of Adjustment, the duties of which overlap and to some extent duplicate each other, and the separate functioning of which results in unnecessarily large expenditure of time and money, as well as inefficiency of administration: It is now, therefore, resolved and deemed proper in the interest of economy and of the general welfare, That such Counties and Cities be authorized to appoint a joint PlanningCommission and Board of Adjustment as herein provided.
SECTION 2. That Chapter 613 of the Private Acts of the General Assembly of Tennessee of 1931 and all acts amendatory thereto and all acts appurtenant to the subject matter thereof be and the same hereby are amended by the addition thereto of the following:
SECTION 3. That the Quarterly County Court of any County having a population of 300,000 or more by the Federal Census of 1930 or any subsequent Federal Census, be and hereby is authorized by agreement with the governing body of any City within such County having a Planning Commission and a Board of Adjustment to establish a joint City and County Planning Commission and a joint City and County Board of Adjustment, such agreement, if made, to be evidenced by an Ordinance passed by the governing body of the City, the terms of which Ordinance shall be embodied in and concurred in by a resolution of the Quarterly County Court of such County.
SECTION 4. That the said Ordinance and Resolution, if agreed upon, shall fix the number of members of both the said joint Planning Commission and the said joint Board of Adjustment, shall provide for the number of such members to be appointed by the governing body of the City and the number of such members to be appointed by the Quarterly County Court of the County, and shall fix the identity of such officials of the City and the County who shall be ex-officio members of both the said Planning Commission and the said Board of Adjustment. The said Ordinance and the said Resolution shall also fix the terms of the members to be appointed by the said governing body of the City and the said Quarterly County Court and shall provide the number of members of each body required to constitute a quorum for the transaction of business and for the election of a Chairman for each body. Vacancies in the membership of either the Planning Commission or the Board of Adjustment caused by death, resignation or inability to serve on the part of a member shall be filled for the unexpired term as fixed by Ordinance and Resolution, the appointment to be made by the governmental authority which originally appointed the member whose position becomes thus vacant. When a quorum is not present at any meeting of either the said joint planning Commission or the said joint Board of Adjustment the Chairman of the Quarterly County Court of the County and the Mayor of any City with whom an agreement has been made pertaining to the said joint Planning Commission and said joint Board of Adjustment may appoint in writing a sufficient number of citizens of the County to act temporarily as members of such body or bodies so as to effect a quorum for the transaction of business.
SECTION 5. That if agreement shall be reached by a County and a City to which this Act is applicable for the creation of said joint Planning Commission and said joint Board of Adjustment, the said joint Planning Commission and the said joint Board of Adjustment shall, upon passage of the Ordinance and Resolution herein provided for, have all of the powers, duties, functions and jurisdiction, and shall be subject to all of the law pertaining to the Planning Commissions and Boards of Adjustment of said County or Counties and said City or Cities now provided by law except as may be herein otherwise provided. The said joint Planning Commission and the said joint Board of Adjustment shall have the power to make the publish Rules and Regulations, which Rules and Regulations as promulgated shall be subject to the approval of the governing body of the City when applicable to property within the City and to the approval of the Quarterly County Court of the County as to property within the County outside of the City. Said Ordinances and Resolutions may also provide for the division of expenses as between the City and between the County and for the employment of staff members for the administration jointly of the zoning laws applicable to the City and the County.
SECTION 6. That if agreement shall be reached between any City and any County to which this Act is applicable for the creation of a joint Planning Commission and a joint Board of Adjustment, then the present provisions of law in conflict with the provisions hereof shall be inoperative and suspended during the tenure of such an agreement between such City and such County.
SECTION 7. That when the jurisdiction of the said joint Planning Commission and the jurisdiction of the said joint Board of Adjustment are exercised as to property within such City the law and procedure applicable to the City shall govern, and when such jurisdiction is exercised as to property outside of the City and within the County the law and procedureapplicable to the County shall govern.
SECTION 8. That if any portion of this Act shall be invalid, the remaining portions hereof shall not be affected.
SECTION 9. That this Act shall become effective as to any County having a population of 300,000 or more inhabitants by the Federal Census of 1930 or any subsequent Federal Census when the same shall have been approved by the Quarterly County Court of such County by a vote of not less than two-thirds of the members thereof, such approval to be made by said Quarterly County court within sixty (60) days after the sine die adjournment of the General Assembly of the State of Tennessee for the year 1955, the public welfare requiring its becoming effective at that time, and this Act shall not become effective as to any County before such approval by the Quarterly County court of the County. The approval or non-approval of this Act
by the said Quarterly County Court shall be certified by the Chairman of the Quarterly County Court of the County to the Secretary of State.
Passed: March 17, 1955.