Subject: 9438 Amend Charter/City Council/Own Compensation
Date: Mon, 4 Jun 1990 17:11:00 -0500


                                ORDINANCE NO. 9438
        
        
                   AN ORDINANCE TO AMEND THE CHARTER OF THE CITY
                   OF CHATTANOOGA, AND ALL ACTS AND ORDINANCES
                   AMENDATORY THEREOF, PURSUANT TO THE PROVISIONS
                   OF ART. XI, SECTION 9, OF THE CONSTITUTION OF
                   THE STATE OF TENNESSEE (HOME RULE AMENDMENT) TO
                   AUTHORIZE THE CITY COUNCIL TO SET ITS OWN
                   COMPENSATION.
                  
                          ______________________________
        
        
              	    BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
         CHATTANOOGA, TENNESSEE:
              	   SECTION 1.  That the present Charter of the City, and
         all Acts amendatory thereof, be and is further amended as
         follows:
                   	"Item 1.  The Charter of the City of
                   Chattanooga shall be amended as provided
                   hereinafter."
                  
                   	"Item 2.  That Section 23 of the
                   Defendants Amended Plan adopted by Agreed
                   Order in Brown v. Board of Commissioners,
                   CIV-1-87-388 in the United States District
                   Court for the Eastern District of Tennessee,
                   Southern Division be amended by deleting the
                   first sentence thereof and substituting in
                   lieu thereof the following:
                       
                             "The City Council is authorized
                        to fix the compensation of its
                        membership in the annual budget
                        ordinance."
                       
                             For the Amendment	   (     )
                             Against the Amendment (     )
                       
              	   SECTION 2.  BE IT FURTHER ORDAINED, that all laws
         constituting the present Charter of the City of Chattanooga, 
not
         in conflict with this amendatory home rule ordinance, be and 
the
         same are continued in full force and effect, and all laws or
         parts of laws in conflict therewith are hereby repealed.
              	   SECTION 3.  BE IT FURTHER ORDAINED, that if any
         clause, sentence, paragraph, section, or part of this ordinance 

         shall be held to be unconstitutional or void, it shall not
         affect the remaining parts of this Ordinance, it being hereby
         declared to be the legislative intent to have passed the
         remainder of this Ordinance notwithstanding such part, if any,
         as may be held to be invalid.
              	   SECTION 4.  BE IT FURTHER ORDAINED, that this
         Ordinance shall be published in full by the City Finance 
Officer
         in both daily newspapers in the City of Chattanooga after the
         final passage by the City Council, or approval in a referendum, 

         all as required by Article XI, Section 9, Constitution of
         Tennessee.
              	   SECTION 5.  BE IT FURTHER ORDAINED, that the City
         Finance Officer shall certify the passage of this Ordinance to
         the Hamilton County Election Commission and request that the
         proposed amendment to the home rule Charter of the City of
         Chattanooga, be placed on the ballot to be used in the next
         general state election.
              	   SECTION 6.  BE IT FURTHER ORDAINED, that the City
         Finance Officer is authorized and directed to pay the pro rata
         cost of this special City election.
              	   SECTION 7.  BE IT FURTHER ORDAINED, that the Hamilton
         County Election Commission shall certify to the City Finance
         Officer of the City of Chattanooga, Tennessee, the result of
         said election, and the City finance Officer shall cause said
         certification to be made a part of the minutes of the City
         Council.
              	   SECTION 8.  BE IT FURTHER ORDAINED, that Section 1 of
         this Ordinance shall take effect sixty (60) days after its
         approval by a majority of the qualified voters of the City
         voting thereon, as provided by Article XI, Section 9,
         Constitution of Tennessee, the public welfare requiring it.
              	   SECTION 9.  BE IT FURTHER ORDAINED, that this
         Ordinance shall take effect, except for Section 1, two weeks
         from and after its passage as provided by law.
        
        
        
         PASSED on Third and Final
         Reading Aug. 21, 1990.	       
__/s/_____________________________
              	   	     	       	          CHAIRPERSON
        
              	   	     	       APPROVED: ______ DISAPPROVED:_____
        
              	   	     	       DATE:___________ ___, 1990.
        
        
              	   	     	       __/s/_____________________________
              	   	     	       	    	     MAYOR
        
        
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