Subject: 10079/Amend Charter Art XI, Sec. 9
Date: Wed, 27 May 1992 07:45:00 -0500


                             ORDINANCE NO.   10079 
        
        
                   AN ORDINANCE TO AMEND THE CHARTER OF THE CITY
                   OF CHATTANOOGA, AND ALL ACTS, ORDINANCES, AND
                   OTHER CHARTER PROVISIONS AMENDATORY THEREOF,
                   PURSUANT TO THE PROVISIONS OF ARTICLE XI,
                   SECTION 9, OF THE CONSTITUTION OF THE STATE OF
                   TENNESSEE (HOME RULE AMENDMENT) SO AS TO REPEAL
                   ALL PROVISIONS OF THE CHARTER OF THE CITY OF
                   CHATTANOOGA PROVIDING FOR THE MAINTENANCE OF A
                   SEPARATE SCHOOL SYSTEM, AND PROHIBITING THE
                   OPERATION OF A SEPARATE SCHOOL SYSTEM FROM THAT
                   OF HAMILTON COUNTY, TENNESSEE, AS OF JUNE 30,
                   1997.
                  
                            __________________________
        
                                        
              	   SECTION 1.  BE IT ORDAINED BY THE CITY COUNCIL OF THE
         CITY OF CHATTANOOGA, TENNESSEE, that the present Charter of 
said
         City, and all amendments thereto, be and is further amended as
         follows:
              	   Item 1.   That, as of June 30, 1997, all provisions of 

         the City Charter providing for the maintenance of a separate
         school system by the City of Chattanooga, including, but not
         limited to the following Private Acts of the General Assembly,
         be and are hereby repealed:  Private Acts 1869-70, Chapter 4,
         Section 9, as it relates to schools; Private Acts 1919, Chapter 

         405; Private Acts 1935, Chapter 256; Private Acts 1939, Chapter 

         485; and Private Acts 1941, Chapter 252; all as amended.
              	   Item 2.   That, as of June 30, 1997, the following
         ordinances of the City of Chattanooga relating to the Board of
         Education and the school system be and are hereby repealed: 
         Ordinance No. 7410; Ordinance No. 7459; Ordinance No. 8009; 
         Ordinance No. 8895 and Ordinance No. 9713.
              	   Item 3.   That all other Private Acts of the General
         Assembly, Ordinances of the City of Chattanooga or other
         provisions of the Charter of the City of Chattanooga requiring
         the City of Chattanooga to maintain a school system, or any 
part
         thereof, be and are hereby repealed as of June 30, 1997.
              	   Item 4.   That, as of June 30, 1997, the City of
         Chattanooga be and is hereby prohibited from maintaining a
         public school system separate from that of Hamilton County,
         Tennessee.
         
              	   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 Clerk of the City
         Council 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 11, Section 9,
         Constitution of Tennessee.
              	   SECTION 5.  BE IT FURTHER ORDAINED, that the Clerk of
         the City Council 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 Clerk of the
         City Council the City of Chattanooga, Tennessee, the result of
         said election, and the said Clerk 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.
0C
        
         PASSED on Third and Final
         Reading August 9, 1994.       
s/s_______________________________
         	   	     	       	          CHAIRPERSON
        
         	   	     	       APPROVED: ______ DISAPPROVED:_____
        
         	   	     	       DATE:  August 12, 1994.
        
        
         	   	     	       s/s______________________________
         	   	     	       	    	     MAYOR
         RLN:meb