§ 6-51-102 — Plan of services

Tennessee § 6-51-102

• Jurisdiction: Tennessee
• Title: 6

Text

(a) [Deleted by 2014 amendment, effective May 16, 2015.] (b) (1) Before any territory may be annexed under this part, the governing body of the municipality shall adopt a plan of services establishing at least the services to be delivered and the projected timing of the services. Upon adoption of the plan of services, the municipality shall cause a copy of the plan of services to be forwarded to the county mayor in whose county the territory being annexed is located. The plan of services shall be reasonable with respect to the scope of services to be provided and the timing of the services. (2) The plan of services shall include, but not be limited to: police protection, fire protection, water service, electrical service, sanitary sewer service, solid waste collection, road and street construction and repair, recreational facilities and programs, street lighting, and zoning services. If the municipality maintains a separate school system, the plan shall also include schools and provisions specifically addressing the impact, if any, of annexation on school attendance zones. If the municipality does not maintain a separate school system, then the municipality shall provide written notice of the annexation to all affected school systems as soon as practicable, but in no event less than thirty (30) days prior to the public hearing requirement set forth in subdivision (b)(4). The plan of services may exclude services that are being provided by another public agency or private company in the territory to be annexed other than those services provided by the county. (3) The plan of services shall include a reasonable implementation schedule for the delivery of comparable services in the territory to be annexed with respect to the services delivered to all citizens of the municipality. (4) Before the adoption of the plan of services, a municipality shall: (A) Submit the plan of services to the local planning commission, if there is one, for study and to compile a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the governing body a longer period is allowed. The local planning commission shall hold a public hearing on the plan of services at least seven (7) days prior to the public hearing pursuant to subdivision (b)(4)(B); and (B) Hold a public hearing, with the notice of the time, place, and purpose of the public hearing to be published in a newspaper of general circulation in the municipality not less than twenty-one (21) days before the hearing. The notice must include the locations of a minimum of three (3) copies of the plan of services, which the municipality shall provide for public inspection during all business hours from the date of notice until the public hearing. (5) A municipality may not annex any other territory if the municipality is in default on any prior plan of services. (6) If a municipality operates a school system, and if the municipality annexes territory during the school year, any student may continue to attend such student's present school until the beginning of the next succeeding school year unless the respective boards of education have provided otherwise by agreement. (c) [Deleted by 2014 amendment, effective May 16, 2015.] (d) [Deleted by 2014 amendment, effective May 16, 2015.] (e) After receiving the notice from the municipality, as provided in subdivision (b)(1), the county mayor shall notify the appropriate departments within the county regarding the information received from the municipality.

Legislative History

Amended by 2024 Tenn. Acts, ch. 701,s 2, eff. 7/1/2024. Amended by 2014 Tenn. Acts, ch. 707, s 3, eff. 5/16/2015. Amended by 2014 Tenn. Acts, ch. 707, s 2, eff. 5/16/2015. Acts 1955, ch. 113, § 2; 1961, ch. 320, § 1; 1969, ch. 136, § 1; 1971, ch. 420, §§ 1, 2, 3; 1972, ch. 844, § 1; 1974, ch. 753, §§ 1, 2, 8, 9; T.C.A., § 6-309; Acts 1980, ch. 849, § 1; 1981, ch. 522, §§ 1, 2; 1982, ch. 867, § 1; 1986, ch. 734, § 1; 1987, ch. 87, § 1; 1988, ch. 787, § 1; 1998, ch. 1101, §§ 19, 20; 2003 ch. 90, § 2; 2003 , ch. 225, § 1; 2005, ch. 411, §§ 1, 2, 7; 2008 , ch. 818, § 3.