Subject: 9439 Amend Charter/City Atty/Term
Date: Mon, 4 Jun 1990 17:11:00 -0500


                                ORDINANCE NO. 9439
                  
                  
                   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 GIVE THE MAYOR AND
                   COUNCIL THE AUTHORITY TO EACH RETAIN
                   SEPARATE LAWYERS, TO PROVIDE THAT THE MAYOR
                   AND COUNCIL SHALL APPOINT THE CITY ATTORNEY,
                   TO PROVIDE THAT THE CITY ATTORNEY MAY BE
                   REMOVED BY THE MAYOR WITH THE APPROVAL OF
                   TWO THIRDS OF THE ENTIRE MEMBERSHIP OF THE
                   CITY COUNCIL AND TO PROVIDE FOR THE TERM OF
                   OFFICE OF THE CITY ATTORNEY.
                  
                  
                          ______________________________
                  
                  
       	    	  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 and Ordinances 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 13(d) 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 same and
            substituting in lieu thereof the following:
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                 "The Mayor and the Council shall each have the
                 right to retain independent separate
                 attorneys, from time-to-time.  No later than
                 the date the Mayor appoints department heads,
                 the Mayor and Council shall jointly appoint a
                 City Attorney for a term concurrent with the
                 term of the Mayor, and until he is discharged
                 or his successor is appointed and qualified. 
                 The City Attorney may be removed from office
                 at any time by the affirmative vote of
                 two-thirds of the entire membership of the
                 City Council, and the concurrence of the
                 Mayor.  Any vacancy occurring in said office
                 shall be filled by joint appointment of the
                 Mayor and the Council."
                
                      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
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       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.
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       	    	 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
      
       RLN/MAM:cjc