§ 2.01. Legislative powers.  


Latest version.
  • The legislative power of the county is vested in the board of county commissioners of Shelby County, hereinafter called the legislative branch. The legislative power includes all lawful authority to adopt ordinances and resolutions governing the operation of government or regulating the conduct and affairs of the residents of the county, to adopt the county budget, to fix the county tax rate, to make appropriations of county funds for all legal purposes, and to exercise all other authority of a legislative nature which is vested in the county by the Constitution, general statutes, or special, local or private acts of the general assembly or this Charter. The legislative branch may adopt any ordinance or resolution which is not in conflict with the Constitution or general laws of the State of Tennessee, or this Charter.

    Notes:

    1. Name—Ch. 934, Acts 1978, changed all references to county quarterly court to county legislative body. T.C.A. § 5-501 [5-5-101].

    2. Name—Ch. 165, Priv. 1979 changed name to board of county commissioners of Shelby County.

    3. Authority—T.C.A. § 5-5-101 provides:

    "(a) The county legislative body is established as a basic legislative unit of each county of this state; provided, however, that the provisions of this subsection shall not apply to counties which have heretofore adopted the metropolitan form of government.

    "(b) Effective September 1, 1978, except as provided in § 5-5-201 and except in any county organized under the consolidated government provisions of article XI, § 9, the quarterly county court, county council, and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council, and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.

    "(c) References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.

    "(d) References to the magistrates, justices of the peace, members or membership of such court, council, or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body."