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THE MILAN MUNICIPAL CODE Prepared by the MUNICIPAL

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THE MILAN MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE December 1998 Change 6, June 30, 2015 CITY OF MILAN, TENNESSEE MAYOR Chris Crider VICE MAYOR Jack Cunningham ALDERMEN Richard Adkisson Doug Baker Jay Black James Fountain Jason Marcle Tammy Wade RECORDER Jason Griggs ii PREFACE The Milan Municipal Code contains the codification and revision of the ordinances of the City of Milan, Tennessee. By referring to the historical citation appearing at the end of each section, the user can determine the origin of each particular section. The absence of a historical citation means that the section was added by the codifier. The word "modified" in the historical citation indicates significant modification of the original ordinance. The code is arranged into titles, chapters, and sections. Related matter is kept together, so far as possible, within the same title. Each section number is complete within itself, containing the title number, the chapter number, and the section of the chapter of which it is a part. Specifically, the first digit, followed by a hyphen, identifies the title number. The second digit identifies the chapter number, and the last two digits identify the section number. For example, title 2, chapter 1, section 6, is designated as section 2-106. By utilizing the table of contents and the analysis preceding each title and chapter of the code, together with the cross references and explanations included as footnotes, the user should locate all the provisions in the code relating to any question that might arise. However, the user should note that most of the administrative ordinances (e.g. Annual Budget, Zoning Map Amendments, Tax Assessments, etc...) do not appear in the code. Likewise, ordinances that have been passed since the last update of the code do not appear here. Therefore, the user should refer to the city's ordinance book or the city recorder for a comprehensive and up to date review of the city's ordinances. Following this preface is an outline of the ordinance adoption procedures, if any, prescribed by the city's charter. The code has been arranged and prepared in loose-leaf form to facilitate keeping it up to date. MTAS will provide updating service under the following conditions: (1) That all ordinances relating to subjects treated in the code or which should be added to the code are adopted as amending, adding, or deleting specific chapters or sections of the code (see section 8 of the adopting ordinance). (2) That one copy of every ordinance adopted by the city is kept in a separate ordinance book and forwarded to MTAS annually. iii (3) That the city agrees to pay the annual update fee as provided in the MTAS codification service charges policy in effect at the time of the update. When the foregoing conditions are met MTAS will reproduce replacement pages for the code to reflect the amendments and additions made by such ordinances. This service will be performed at least annually and more often if justified by the volume of amendments. Replacement pages will be supplied with detailed instructions for utilizing them so as again to make the code complete and up to date. The able assistance of Sandy Selvage, Administrative Services Assistant, Linda Dean, the MTAS Sr. Word Processing Specialist, and Bobbie J. Sams, Word Processing Specialist who did all the typing on this project, and Tracy G. Gardner, Administrative Services Assistant, is gratefully acknowledged. Steve Lobertini Codification Specialist iv ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE CITY CHARTER Ordinances. Any action of the Board having a regulatory or penal effect, awarding franchises, or required to be done by ordinance under this Charter or the general laws of the State, shall be done only by ordinance. Other actions may be accomplished by resolutions or motions. Ordinances and resolutions shall be in written form before being introduced. The enacting clause of ordinances shall be "Be it ordained by the Board of Mayor and Aldermen of the City of Milan:". Every ordinance must be approved on two (2) readings and there shall be no more than one (1) reading on any one day. A majority of the Board of Mayor and Aldermen shall vote in favor of an ordinance or it shall be deemed as failed. An ordinance may receive first reading upon its introduction. Ordinances shall take effect upon final reading, adoption and being signed by the Mayor unless a different effective date is designated in the ordinance. All duly enacted ordinances and this Charter shall be compiled in a well- bound volume(s) to be known as the "Milan Municipal Code." (Charter § 14) v Change 4, October 13, 2009 1-1 TITLE 1 GENERAL ADMINISTRATION1 CHAPTER 1. BOARD OF MAYOR AND ALDERMEN. 2. MAYOR. 3. RECORDER. 4. CODE OF ETHICS. CHAPTER 1 BOARD OF MAYOR AND ALDERMEN2 SECTION 1-101. Time and place of regular meetings. 1-102. General rules of order. 1-103. Special meetings. 1-104. Adoption of ordinances and resolutions. 1-105. Quorum. 1-106. Mayor to preside, etc. 1-107. Committees. 1-101. Time and place of regular meetings. The board of mayor and alderpersons shall hold regular monthly meetings at 6:30 P.M. on the second Tuesday of each month at the city hall. (1973 Code, § 1-101, as amended by Ord. #1997-01, April 1997 and Ord. #1998-02, Jan. 1998) 1Charter references See the charter index, the charter itself, and footnote references to the charter in the front of this code. Municipal code references Building, plumbing, electrical and gas inspectors: title 12. Fire department: title 7. Utilities: titles 18 and 19. Wastewater treatment: title 18. Zoning: title 14. 2Charter references Compensation: art. III, § 8. Qualifications: art. III, § 3. Term of office: art. III, § 1. Vacancy in office: art. III, § 5. 1-2 1-102. General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, shall govern the transaction of business by and before the board of mayor and aldermen at its meetings in all cases to which they are applicable and in which they are not inconsistent with provisions of the charter or this code. (1973 Code, § 1-103, modified) 1-103. Special meetings. The mayor shall have power to call special meetings of the board at any time, and it shall be his duty to do so upon the written request of two or more members of the board. When a special meeting of the board is called by the mayor it shall be his duty to see that reasonable notice thereof is given to all members of the board. (1973 Code, § 1-104) 1-104. Adoption of ordinances and resolutions. No ordinance or resolution shall be acted upon unless the same be reduced to writing. No ordinance shall become a law at the meeting at which it originates unless it is passed by a unanimous vote upon two readings. All ordinances shall be read twice before they become laws. (1973 Code, § 1-105) 1-105. Quorum. Five members of the board of mayor and aldermen shall constitute a quorum. (1973 Code, § 1-106) 1-106. Mayor to preside, etc. The mayor shall preside at all meetings of the board of mayor and aldermen, making known the wants and necessities of the city, and recommending such actions and measures as the welfare of the city shall demand. (1973 Code, § 1-107) 1-107. Committees. The mayor shall appoint such committees from the aldermen as he deems necessary to assist him in administering the affairs of the city. Such committees shall serve for such terms and have such duties as the mayor shall prescribe. (1973 Code, § 1-108) 1-3 CHAPTER 2 MAYOR1 SECTION 1-201. Generally supervises city's affairs. 1-202. Executes city's contracts. 1-203. Performs duties required. 1-204. Compensation. 1-201. Generally supervises city's affairs. The mayor shall have general supervision of all city personnel and affairs and may require such reports as he may reasonably deem necessary to carry out his executive responsibilities. He shall see that all the laws and ordinances of the city are enforced. (1973 Code, § 1-201) 1-202. Executes city's contracts. The mayor shall execute all contracts as authorized by the board of mayor and aldermen. (1973 Code, § 1-202) 1-203. Performs duties required by the board. The mayor shall perform such duties as may be required by the board of mayor and aldermen. (1973 Code, § 1-203) 1-204. Compensation. 1. In compliance with § 8(2) of the city charter the mayor's salary is increased from the base of $36,000, plus cost of living raises, if awarded to employees, to $50,000, plus cost of living raises, if awarded. In addition to the salary, the mayor will be provided the option of a car allowance of forty-eight hundred dollars per year ($4,800) or the use of a city owned car, at a maximum cost of $20,000. 2. This section shall become ratified upon the second reading and after publication as required by Tennessee Code Annotated, § 6-2-101, the public welfare so requiring it. The salary change shall be effective January 1, 2000 for the newly elected mayor. (As added by Ord. #1999-10, Oct. 1999) 1Charter references Compensation: art. III, § 8. Qualifications: art. III, § 3. Term of office: art. III, § 1. Vacancy in office: art. III, § 5. 1-4 CHAPTER 3 RECORDER SECTION 1-301. To be bonded. 1-302. To keep minutes, etc.
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