Private Acts of 1980 Chapter 232

SECTION 1.  The office of Superintendent of Roads for Grainger County is hereby created.  The Superintendent of Roads shall be considered the chief administrative officer for purposes of the County Uniform Road Law codified in Tennessee Code Annotated Section 54-1001 et seq.

SECTION 2.  The Superintendent of Roads shall be elected by the qualified voters of Grainger County in accordance with the General Election Laws of the State of Tennessee in the general election to be held in August 1982 and every four (4) years thereafter.  Upon certification of the results of the August 1982 election the Superintendent of Roads elected shall take office September 1, 1982 for a term of four (4) years.

A vacancy in the office of Superintendent of Roads shall be filled by an appointee of the county legislative body who shall serve until a successor is elected at the next general election occurring after the vacancy according to Tennessee Code Annotated Section 5-1-104.

SECTION 3.  Each year, the superintendent of roads shall prepare a proposed budget for the Grainger County highway department.  The superintendent of roads of Grainger County shall on or before April 1 of each year, file with the county executive an itemized statement of the funds estimated to be required for the county road program for the ensuing fiscal year and for the construction, operation, repair and maintenance of the county road system and for the general administration of the highway department, together with an estimate of the highway and road funds, including any bridge funds, expected to be received during such fiscal year.

SECTION 4.  The Superintendent of Roads shall have the authority to draw warrants upon the County Treasury.  No warrant drawn by the Superintendent of Roads shall be a valid claim against the county unless countersigned by the County Executive.

SECTION 5.  The Superintendent of Roads is hereby authorized to make purchases and contract for services necessary to carry out the functions of his office as set out in the County Uniform Road Law, T.C.A. Section 54-1001 et seq.

All purchases of and contracts for purchases of supplies, materials, equipment and contractual services, and all contracts for the lease or rental of equipment shall be based wherever possible on competitive bids.  If the amount of the expenditure is estimated to exceed the amount set forth in the County Uniform Highway Law, Tennessee Code Annotated, Section 54-7-113 as amended, sealed bids shall be solicited by the Superintendent of Roads.  Solicitation shall be made by public notice inserted at least once in a newspaper of county-wide circulation five (5) days prior to the final date for submitting bids or by posting notices on a public bulletin board in the county courthouse.

All purchases of less than one thousand dollars ($1,000.00) may be made by the Superintendent of Roads in the open market without notice, but shall wherever possible be based upon at least three (3) competitive bids.

All sealed bids received under the requirements of this act shall be opened publicly at the time and place fixed in the advertisement and shall after the award or contract or order be open to public inspection.

The Superintendent of Roads may purchase from any federal, state or local government unit or agency without conforming to the bidding requirements of this act.

SECTION 6.  The Superintendent of Roads shall keep a complete record showing the receipts, appropriations and disbursements, and shall make a report to the county legislative body on a quarterly basis, showing how the funds have been spent and handled, and upon the failure or refusal of said Superintendent of Roads to make said quarterly reports to the county legislative body, it shall be the duty of the County Executive to withhold the payment of his salary until said reports have been made and approved by the County Executive, or county legislative body.  It shall be the duty of the County Revenue Commission in said county to audit the records of the Superintendent of Roads in Grainger County and to make a report of said audit to the county legislative body on a quarterly basis, said report to be approved by the county legislative body and copied along with the proceedings of the county legislative body on the minute book of the county legislative body.

SECTION 7.  This act shall have no effect unless it is approved by a two-thirds (⅔) vote of the Grainger County Legislative Body.  Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by him to the Secretary of State.

SECTION 8.  For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 6.

Passed:  March 12, 1980.