Administration
The administration of county government is through a coordination of duties and responsibilities placed in various elected or appointed officials, plus various boards, agencies and commissions. For general law on county administration, see “Tennessee Code Annotated”, Title 5 (counties) and Title 8 (Public Officers and Employees). Check specific subject headings in the combined general index in volumes 13, 14, and 15 of T C A for other statutes relating to county administration.
The following private or local acts constitute part of the administrative and political heritage of Anderson County but are today no longer operative since they have either: (1) been superseded by general law, or (2) been specifically repealed, or (3) failed to receive local approval.
1. Acts of 1801, chapter 5, page 34, provided for the inspection of certain commodities held out for public sale by inspectors who were to be employed and trained for that purpose. Among the commodities to bear inspection before sale were pork, beef, lard, butter, hemp, and host of others. Inspection points and warehouses for storage were named in each county. In Anderson County, the warehouse would be located at the mouth of Powell’s River at Grantsborough.
2. Acts of 1801, chapter 80, page 180, appointed James Grant, William Hancock, Sr., Edward Scott, Jenkins Whiteside, Charles Lee Bird, Walter Evans, and Shadrach Reedy, as commissioners for the town of Grantsborough in Anderson County. The commissioners were to assume the regulation and management of the town, and they were declared to be trustees and directors for designing, building, and improving the city. The commissioners were required to file a plan of the layout of the town, to keep the streets in good order and repair, and to do all other acts calculated to improve the locale.
3. Acts of 1805, chapter 73, page 79, designated and appointed Hugh Helton, Benjamin C Parker, John Lieb, and John Lynch as commissioners for the town of Burrville in Anderson County who would act in concert with former commissioners of that city, who were still residents thereof, to regulate and manage the town and its affairs. The remaining commissioners would fill any vacancy occurring.
4. Acts of 1806, chapter 44, page 163, named Arthur Crozier, Benjamin C Parker, Hugh Barton, John Lieb, John Lynch, Lewis Harmon, and Stephen Heard, as commissioners for the city of Burrville in addition to all others previously named, all of whom would have the same power and authority as the others.
5. Acts of 1807, chapter 65, page 111, recited in the preamble that it appeared that the surveyor who was appointed by the commissioners to lay out the city of Burrville had made a mistake in running and laying out the town as the same had appeared from an experiment, inasmuch as several buildings would be located on the streets if this course were to be run, this act provided that the streets, alleys, and lots would stand and remain as they were all originally plotted and described.
6. Acts of 1809, chapter 46, page 61, changed the name of the town of Burrville to Clinton which would hereafter be known by that name any other law to the contrary notwithstanding.
7. Acts of 1813, chapter 11, page 15, authorized the acting commissioners of the city of Clinton to execute deeds to purchasers, who had not received them, of lots in the said town of Clinton which deeds would be good and valid in law as if the former commissioners had made the conveyances, any law to the contrary notwithstanding.
8. Acts of 1817, chapter 24, page 26, was the legal authority for the commissioners appointed to build the courthouse in Clinton to demand from the commissioners of the town all the money in their hands obtained from the sale of lots in the town. If the commissioners of the town failed, or refused, to comply, a suit at law could be filed against them. The courthouse commissioners were required to use the money only for that purpose. The courthouse commissioners could, upon advertising, sell the logs and other materials contained in the old courthouse to the highest bidder for cash which was also directed to the construction cost of the new courthouse.
9. Acts of 1819, chapter 145, page 172, made it lawful for the Quarterly Court of Anderson County, a mojority of the Justices being present, to order and direct that any county monies, not otherwise appropriated, to be applied to the payment of whatever expense would be necessary to finish and complete the new courthouse.
10. Acts of 1824, chapter 99, page 97, repealed the former act which allowed the county court to levy a tax to build a courthouse, prison, and stocks in the county.
11. Acts of 1826, chapter 56, page 52, allowed the county court of Anderson county to lay a tax, not to exceed the amount of the state tax, to secure the necessary land and erect the essential building to accomodate the poor people of the county. The court could appoint three commissioners to supervise the program and the operation of the facilities once they were completed. The commissioners must be sworn in office and bonded and the court was authorized to expend whatever funds were available for the benefit of the indigent poor.
12. Acts of 1826, chapter 130, page 112, was the legal authority for Charles McCormick, of Anderson county, to hawk and peddle goods, wares, and merchandise in Anderson county without having to obtain a license to do so.
13. Acts of 1827, chapter 90, page 69, allowed Isaac Miller and Lewis Miller to build a mill on the Clinch River in Anderson County on the south side of the river immediately below Cloud’s Ford and near the place where William Nelson now lives. If the mill did interfere with the navigation of the river, a civil suit for remedy would lie.
14. Acts of 1827, chapter 112, page 88, revived and restored the act which authorized the court of Pleas and Quarter Sessions of Anderson County to build a house for the accomodation of the poor and to levy a tax for that purpose to the same active status as if it had never been out and the provisions of the act were made permanent. It was the duty of the court to appoint a commsiion of three people to supervise the building and the operations. Vacancies on the commission would be filled by the court, and the commission was empowered to change the regulations as need might arise. The superintendent of the facility could draw from the treasury such monies as had been appropriated for that purpose as the need for them occurred.
15. Acts of 1831, chapter 191, page 147, released and dischrged Larkin H Bowling of Anderson County, from the payment of $125.00 which was the amount of a judgement rendered against him as an appearance bondsmen for a certain Edward Williams. The jusgement was rendered against him by the cirucit court of Anderson County, provided, however, that Bowling made oath he had not received anything of value from Williams for making the bond.
16. Acts of 1831, chapter 233, page 193, declared that it had been represented to the general assembly that Thomas Butler, William Butler, James Gilreath, and Merriman Rector were dredging for salt in Morgan County, therefore, to encourage such activities, the above named people were given the authority to enter upon lands in the vicinity of the salt wells in the three counties of Morgan, Roane, and Anderson. Land thus entered and used was exempted from taxation for the next fifteen years.
17. Acts of 1833, chapter 208, page 113, was the authority for John O’Neal, of Anderson County, to hawk and peddle goods in Anderson County without a license provided he made oath that the goods sold were his own and that they were being sold for the benefit of himself and his family.
18. Acts of 1835 – 36, chapter 84, page 212, incorporated the town of Clinton under the Mayor-Alderman form of government, defined and listed the corporate powers and established the procedures for the enactment of ordinances and resolutions. The Sheriff would hold an election on the first Saturday in August, 1836, to elect seven aldermen who received the highest number of votes. The aldermen would select one of their number to serve as Mayor.
19. Acts of 1837 – 38, Resolution #9, properly adopted by the General Assembly stated that a new county might be formed from areas taken from Knox, Anderson, Campbell, Claiborn, and Grainger Counties provided certain terms and conditions specified therein were met.
20. Acts of 1847 – 48, chapter 109, page 166, was the enabling law for Richard Oliver, of Anderson County, to sell at public sale that portion of a tract of land held by the state which was taken in payment of a debt due the state by Moses Winter with full authority to execute a deed for the same since all the required notices had been given.
21. Acts of 1849 – 50, chapter 84, page 542, seemed to be a repetition of chapter 84, Acts of 1835 – 36, which incorporated the city of Clinton with a few minor changes.
22. Acts of 1853 – 54, chapter 180, page 249, was the legal authority for the counties of Claiborne, Campbell, Anderson, Knox, Montgomery, Stewart, Henry, Gibson, Tipton, Shelby, and Madison to subscribe to stock in railroad companies and to issue their bonds to pay for it. This act validated all the prior actions of those counties in connection with their boying shares of stock and voting them in company affairs.
23. Acts of 1853 – 54, chapter 323, page 761, section 13, extended the benefits of the rights and privileges conferred by this act upon other counties and the power to subscribe to the stock of any railroad running through the county to the counties of Claiborne, Anderson, Campbell, Grainger, and Jefferson.
24. Acts of 1867 – 68, chapter 107, page 293, section 41, re-incorporated the city of Clinton under the Mayor-Alderman form of government. The act named William Whitson, John Leinart, James N Rye, Calvin Adkins, and —- Jobe, to lay out and make plats of the town. They would also set up an election to select a Mayor, three or more aldermen, a recorder, and a town constable. The sheriff would hold the election under the regular rules for elections. Rules establishing the guidelines for the exercise of specific powers enumerated in the act were also included.
25. Acts of 1897, chapter 124, page 282, set up a salary scale for county officials for the first time which was based on the population of the county in which the officials worked. The salary to be paid was in the place and stead of all fees and emoluments which the office holder would hereafter pay into the county treasury. The officials must file a sworn, itemized statement with the county judge, of chairman, at the times specified in the act. (Although this act was declared unconstitutional by the courts in Weaver VS Davidson County, (1900), 104 Tenn. 315, 59 SW 1105, nevertheless, this act and those to follow became the pattern upon which the current salary laws were based.)
26. Privates acts of 1923, chapter 232, page 749, made it unlawful for any official of Anderson county, having the expenditure and disbursement of county, or public, funds for any purpose, to contract for, or draw and deliver any warrant, or order, for the disbursement of the same unless there be in the hands of the trustee, or some other custodian of funds, a sum sufficient to pay the said amount set out in the warrant. Violators of these conditions could be fined from $100.00 to $500.00 and, in addition, would forfeit their office. The Grand Jury of the county was specifically granted inquisitorial powers in these matters.
27. Private Acts of 1925, chapter 677, page 2501, amended chapter 232, Private Acts of 1923, above, so as to include school funds also within the provisions of that act.
28. Private Acts of 1963, chapter 293, page 907, stated in the preamble that the presence of auto junkyards which were located beside and encroached upon the highways of the county materially detracted from the beauty and the utility of the roads and highways, and therefore, no person could operate a junkyard within 1,000 feet of the center line of a highway without a permit from the sheriff to do so. To operate one without a permit would constitute a public nuisance to be dealt with as such. All permits were to be issued in accordance with rules and regulations promulgated by the sheriff, would be in force for two years, and would cost $50.00 each, to be paid to the county trustee and placed in the Road Funds. The sheriff could, if deemed necessary, require the applicant to make a bond before issuing the permit. The powers of the sheriff to act under this law which were enunciated in Section 7 were broad and sweeping as were the definitions of terms found in this law. This act was rejected by the Quarterly Court of Anderson County and consequently never took effect under the Home Rule Amendment ot the Tennessee Constitution.
29. Private Acts of 1979, chapter 3, approved locally on Mar 1, 1979, amended chapter 247, Private Acts of 1905, the charter of Oliver Springs to prescribe new boundaries for the six Wards in that City.
30. Private Acts of 1979, chapter 13, approved locally on Mar 13, 1979, contituted a major revision of the charter of the City of Oliver Springs. This is a lengthy act covering many facets of the Oliver Springs City government.
31. Private Acts of 1979, chapter 104, which approved at the local level on June 25, 1979, amended chapter 566, Private Acts of 1949, the Charter of the City of Norris, to grant the city the authority to collect and dispose of garbage, drainage, ashes, sewage, refuse, and other waste materials.
32. The Public Acts of 1980, chapter 545, proveded for the investment of idle cash funds by local governments, including school districts, and set up a state pooled investment fund under the supervision of the State Treasurer into which these funds could be paid.
33. Public Acts of 1981, chapter 325, is the “County Financial Management System of 1981” which furnishes counties with an optional method of managing the fiscal affaris of the county government and includes budgeting, purchasing, and fund investment processes. This act is permissive in nature and can be activated by a 2/3 vote of the county legislative body, or by an affirmative majorty in a referendum.
34. Private Acts of 1981, chapter 84, gave the Norris Planning Commission the authority to regulate and enforce the subdivision of land in that city. This act was locally approved on May 11, 1981.
35. Public Acts of 1982, chapter 694, changes section 9-3-110, Tennessee Code Annotated, to increase the amount to be paid by a county as its contribution towards the expense of a audit conducted by the comptroller of the treasury from ten cents to twelve and one-half cents per capita.
36. Public Acts of 1982, chapter 927, declares that any person elected, or appointed, to a full time position as a county official may elect to participate in the Tennessee Consolidated Retirement System under certain conditions specified in the act. The county’s cost may be paid from appropriated funds or excess fees in the office. The amount of employer contributions will be decided by the Division’s actuarial evaluation.
37. Public Acts of 1982, chapter 950, ups the maximum recovery limits from governmental entities under the Tort Liability Act to $40,000 for bodily injury to one person; $80,000 for more than one person in non-auto accidents, $100,000 to $300,000 in auto accidents, and to $50,000 in property damages in auto accidents.