===== ARTICLE VII. - CITY PROPERTY Footnotes: --- ( 15 ) --- Cross reference— Aircraft and airports, Ch. 3; buildings and building regulations, Ch. 6. ===== Sec. 2-706. - Management of public property within the Central Business Improvement District. (a) Where the city owns real or personal property within the Central Business Improvement District (CBID), which is managed by or to be managed by the public building authority of the county and the city (PBA) pursuant to an operating contract with the city, such property may be leased to PBA, for further sublease by PBA. (b) The lease between the city and PBA may be for a particular property or may consist of a master lease for multiple properties identified therein. With the approval of council, properties within the CBID may from time to time be added to or deleted from the master lease agreement. Properties which are under lease by the city to third-parties may be included within the master lease, upon approval of council and written assignment by the city to PBA. (c) The terms or parameters upon which any particular property is to be subleased by PBA shall be subject to the written approval of the finance director. Any sublease with a term in excess of five (5) years and any lease requiring the expenditure of unbudgeted funds by the city shall require the approval of council. Notwithstanding any other provision of this Code, PBA is authorized to sublease such property by noncompetitive negotiations, by competitive bid, or by such other method as PBA deems appropriate for the particular property. (Ord. No. O-247-02, § 1, 6-25-02) ===== Sec. 2-721. - Surplus property generally. (a) Whenever the director or other chief administrative officer of any department or agency of the city determines that real or personal property of the city in the custody of or used by such department or agency is no longer needed or suited for its purposes, the director of the department, the chief administrative officer of the agency or the mayor or his designated representative shall declare such real or personal property surplus and shall transfer it to the custody of the purchasing agent, but the insurance, maintenance and repairs to the property shall continue to be paid out of the budget appropriation of the transferring department or agency until the end of the fiscal year in which the transfer took place, or until the appropriation for such purposes has been transferred to the department of finance or other transferee department in the manner provided by the Charter. (b) The purchasing agent shall make all surplus real and personal property available to all departments or agencies of the city, and shall effect the transfer of such property to the department or other agency requesting its use. (c) When surplus real or personal property, other than property acquired through bond funds or other special funds, is not required by a department or other agency of the city, the purchasing agent is authorized, with the approval of the mayor and council, to sell or lease such property. Before any such property is sold, a committee consisting of a representative from the departments of law, finance, and accountability, and the office of the mayor (economic development) shall evaluate the benefits to be derived by the city through a sale, lease, lease with option to purchase or other financial arrangement, and the purchasing agent shall advertise the property, as provided in this division, offering those options or alternatives which appear to be in the best interest of the city. The proceeds from the sale of real property shall be deposited in a special fund to be appropriated and expended in accordance with programs and budgets submitted to and approved by the council. The proceeds from the sale of the personal property shall be deposited in the general fund. (d) The city is authorized to sell, lease or transfer real and personal property of the city which is declared to be surplus, excess or unused in accordance with the rules and procedures set out in sections 2-722 and 2-723 . (e) Notwithstanding the provisions of subsections (a) through (g) of this section or the provisions of section 2-722 , upon recommendation of the finance director, the city is authorized to lease or sell, by noncompetitive negotiation, surplus real property located within the geographic boundary of a redevelopment or urban renewal project designated as such by council pursuant to state law. Such lease or sale shall be subject to approval by council, and at least fifteen (15) days' notice of the time and place for council's consideration of such proposed lease or sale shall first have been published once in a daily newspaper of general circulation in the city. An appraisal of the property shall also be obtained prior to council's consideration of any such lease or sale. (f) The purchasing agent may enter into an agreement to loan surplus property of historic or archival significance to a museum operated by a nonprofit corporation and dedicated in whole or in part to the history of the city or any of its departments. Said property shall be leased or loaned for the purpose of display or exhibition of such property to the public within the city. Said nonprofit corporation shall be responsible for the safekeeping of the property. If deemed necessary by the city's risk coordinator, said nonprofit corporation shall be responsible for providing insurance coverage on the property in such amount as determined to be necessary by the city's risk coordinator. (g) Where real property acquired from revenues of the electric, gas, water, or wastewater divisions of t ===== Sec. 2-722. - Disposal of real property. The procedure for the disposal or sale of real property, after the declaration of it being surplus by the director of a department or head of an agency and the determination by the purchasing agent that the property is not needed by any other department or agency of the city, shall be as follows: (1) The purchasing agent shall have the property in question appraised by one (1) or more qualified real estate appraisers if the purchasing agent estimates the property to be valued at ten thousand dollars ($10,000.00) or greater. (2) The purchasing agent shall advertise the property and receive sealed bids or proposals thereon, or shall offer the property for sale at public auction. If sealed bids or proposals are taken, the bids received, together with the report of the appraiser if required by subsection (1), shall be reported to council, or if the property is offered for sale at public auction the highest bid, the number of bidders, the report of the appraiser and such other information as may be pertinent shall be reported to council. If council finds the highest bid received to be fair and adequate and in the best interests of the city the council shall approve the sale and authorize the mayor to execute a deed of conveyance upon the successful bidder complying with the bid made. (3) If the council finds the real property is of no value, the council may authorize the disposal of the real property without the necessity of payment to the city, except as otherwise provided in this section. (4) The purchaser or grantee of property disposed of or conveyed by the city shall bear the expenses of the transfer, including the appraisals and costs of sale, except in cases where the property has no value and the transfer is initiated by the city. (5) All real property offered for sale or lease by the city, except property sold or leased to the federal, state or county governments or an agency of city government, shall be advertised in a daily newspaper at least once and by posting a sign not less than eighteen (18) inches by twenty-four (24) inches in size on the property which is conspicuously located and visible from adjacent streets or roads. The sign shall give notice that the property is being offered for sale or lease and designate the office or agency to be contacted for information relative to the bidding procedure, date of sale and other pertinent information. The sign must be posted by the office or agency responsible for the sale or lease at least fourteen (14) days prior to the date bids are to be opened or the transaction consummated, whichever first occurs. Notice of sale shall be posted on the city's website fourteen (14) days prior to sale. (6) For any realty previously offered for sale by either sealed bid, sealed proposal, or by auction where no responsible responsive bid is received, the city purchasing agent may offer the property for sale through noncompetitive negotiation or through the use of a professional realty sale company. Any sale under such terms shall be subject to approval by the council. (7) Subsections (1) through (7) shall not apply to real property acquired by the city through delinquent tax sales. Instead, city council may, upon a majority vote, determine that it is impracticable to sell such property for the full amount of the taxes, penalty, cost and interest. If city council makes this determination, city council may authorize the sale of the real property either by public absolute auction to the highest bidder or by any other procedure authorized by the City Code, and that any funds recovered by said sale be divided between the city and the county on a pro rata basis and that any remaining unpaid taxes, penalties, costs and interest owed to the city be waived pursuant to T.C.A. § 67-5-2508(d). (Code 1962, § 2-1901; Ord. No. O-64-92, § 1, 3-17-92; Ord. No. O-10-04, §§ 5—8, 2-3-04; Ord. No. O-45-2012, § 1, 4-3-12; Ord. No. O-56-2016, § 1, 4-26-16; Ord. No. O-37-2017, §§ 1—4, 3-14-17) ===== Sec. 2-723. - Disposal of personal property. The procedure for the sale or disposal of personal property, after the declaration of it being surplus by the director of a department or head of an agency and the determination by the purchasing agent that the property is not needed by any other department or agency of the city, shall be as follows: (1) The purchasing agent shall determine the fair value of the personal property in question through appraisals or in the manner established by regulations of the purchasing agent and approved by the director of finance. (2) All personal property owned by the city having a value of five hundred dollars ($500.00) or more shall be sold on a competitive basis by competitive sealed bids, at public auction, or by Internet auction by the purchasing agent. (3) All personal property owned by the city having a value of less than five hundred dollars ($500.00) shall be sold or disposed of by the purchasing agent in such manner as may be approved by the director of finance; provided, however, if the value of surplus personal property has an aggregate value of five hundred dollars ($500.00) or more, it shall be sold on a competitive basis. (4) Nothing contained in subsection (1) or (2) of this section shall prevent the purchasing agent from using such surplus personal property as a trade-in for the purchase of new equipment. (5) All personal property seized, confiscated or abandoned in the possession of the city may, after having been held for a period of not less than ninety (90) days, be sold at public auction, by Internet auction, or by competitive sealed bids after having been advertised in a daily paper of general circulation in the city, and after diligent inquiry and investigation having been made to ascertain the owner of the property; provided, however, this section shall not apply to property seized or confiscated in enforcement of any tax lien. (Code 1962, § 2-1902; Ord. No. O-248-06, § 1, 12-5-06) Charter reference— Provisions as to purchasing agent, § 903(A). ===== Sec. 2-724. - Award of items to certain retiring police officers and firefighters. Notwithstanding any other provision of this division: (1) The chief of police shall be authorized, but not required, to award any sworn officer separating from employment with the city in good standing having a minimum of ten years of service with the city police department that officer's service weapon and/or badge, or an equivalent item, or any other de minimis item as a memento of the officer's service. The decision to award any such item shall be in the sole discretion of the chief of police. An officer receiving any such item shall acknowledge receipt and ownership of the item or items in writing, and shall release the city from any liability from use or ownership of the item or items. The chief of police shall report the award of such items to the purchasing agent, and shall retain a record of any such items awarded to retiring officers. (2) The chief of the fire department shall be authorized, but not required, to award any firefighter separating from employment with the city in good standing having a minimum of ten (10) years of service with the city fire department that firefighter's badge, turn-out gear and/or their city-issued service weapon (if applicable) or an equivalent item, or any other de minimis item as a memento of the firefighter's service. The decision to award any such item shall be in the sole discretion of the chief of the fire department. All firefighters receiving such items shall acknowledge receipt and ownership of the item or items in writing, and shall release the city from any liability from the use or ownership of the item or items. The chief of the fire department shall report the award of such items to the purchasing agent, and shall retain a record of any such items awarded to retiring firefighters. (3) Any award made prior to December 1, 2005 of a single service weapon and/or badge to a sworn officer or firefighter over age fifty (50) retiring after twenty-five (25) years of service with the city police department or the city fire department shall be deemed as a lawful transfer of that item to the retiring employee, which shall vest ownership of the item with that retiring employee. The chief of police and the chief of the fire department shall forward a record of such items previously awarded to the purchasing agent, and shall retain a record of any such items previously awarded. (4) The award of any service weapon, badge or other de minimus item shall not confer upon the recipient any police powers or other authority. (Ord. No. O-269-05, § 1, 11-22-05; Ord. No. O-130-2022 , § 1, 10-18-22) ===== DIVISION 3. - RELOCATION POLICY Footnotes: --- ( 16 ) --- Editor's note— Ord. No. O-106-07, § 1, adopted May 22, 2007, amended the Code by repealing former div. 3, §§ 2-741—2-745, and added a new div. 3. Former div. 3 pertained to similar subject matter, and derived from the Code of 1962, §§ 2-2000—2-2010. State Law reference— Uniform relocation assistance, T.C.A. § 13-11-101 et seq. ===== Sec. 2-741. - Relocation assistance and real property acquisition policy. The department of finance and accountability is authorized to adopt a relocation assistance and real property acquisition policy for persons and entities displaced as a result of a city-funded project. (Ord. No. O-106-07, § 1, 5-22-07) ===== Sec. 2-761. - Generally. There is hereby established for the municipal government of the city a records retention schedule, comprised of procedures and minimum time limits, as fully set out in this division. (Code 1962, § 2-2100) ===== Sec. 2-762. - Public records and public documents defined. Public records and public documents within the city shall be construed to mean all documents, papers, records, books of account, minutes, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by the council of the city or by any office, agency or department of the city. (Code 1962, § 2-2104) ===== Sec. 2-763. - Records retention officer. There is hereby established the position of records retention officer of the city, who will be responsible for the administration of the provisions and procedures established pursuant to this division. The duties and responsibilities of the records retention officer shall be assigned to and performed by the records management manager of the city. (Code 1962, § 2-2102) ===== Sec. 2-764. - Records storage; disposal procedure. (a) This division contains a schedule of records maintained by various departments with retention requirements applicable to each. Records may be destroyed after the particular retention period, provided that the procedures mandated by T.C.A. § 10-7-101 et seq. are complied with completely. The records may be retained for longer periods when it would be advisable or otherwise helpful to do so. (b) Prior to expiration of the retention period, all except current records may be stored in available storage space in storage files, cartons, or boxes. The storage containers or files shall be labeled with labels showing: (1) An itemized list of contents. (2) Serial numbers or inclusive dates of the documents filed. (3) The date filed. (4) A notation showing the date when the contents may be destroyed, similar to the following: "May be Destroyed After 7/1/80." (c) After the retention period has expired, the records are to be disposed of as directed by the mayor or the city attorney, with the concurrence of the records retention officer. The records for disposal are to be listed on a certificate of records disposal, the certificate to be established by the records retention officer of the city. The person or department performing the disposal shall be accompanied by a witness designated by the records retention officer, and the signatures of both shall be affixed to all copies of the certificate of records disposal. The original of the completed certificate of records disposal is to be filed in the office of the city recorder. One (1) carbon copy shall be retained and filed in the appropriate department and the other in the records management section. (d) Should any procedure established by this division be found in conflict with a statute or regulation of the state or the federal government, the statute or regulation of the state or federal government shall take precedence over the conflicting provision in this division. (e) Should any of the minimum time limits established in this division be found in conflict with the limitations established by statute, regulation, or case law of the state or the federal government, the statute, regulation or court decision shall take precedence over the provisions of this division; provided that, if the provision of this division provides for a longer minimum retention period, such provision shall be followed exclusively. (Code 1962, § 2-2101) ===== Sec. 2-765. - Required approvals preceding destruction of records. Before any record or document shall be deemed appropriate for disposal, it shall be the duty of the records retention officer, in addition to all other responsibilities of that officer, to obtain on the certificate of records disposal the signatures of the mayor, the city attorney and the department head affected. (Code 1962, § 2-2103) ===== Sec. 2-766. - Retention schedule—Administrative records. The following administrative records of the city shall be retained as indicated: Title or Description Retained as Indicated (1) General records: a. Agendas of public meetings Permanently b. Airport files Permanently c. Bond files and registers Permanently d. Bonds—Coupons paid Per agreement with paying agent e. Bonds—Issued Per agreement with paying agent f. City-county building Permanently g. Community development files Permanently h. Complaints about or requests for municipal services Until action completed i. Correspondence—Accounting 5 years j. Correspondence—Engineering and technical 10 years k. Correspondence—Executive Permanently l. Correspondence—General 5 years m. Correspondence—Personal 6 years n. Correspondence—Purchase 5 years o. Correspondence—Tax Permanently p. Correspondence—Traffic 5 years q. Grants, federal—Applications and approvals Permanently r. Grants, federal—Project files Permanently s. Minutes of council meetings, board meetings, committee meetings, etc. Permanently t. Ordinances and resolutions Permanently u. Projects, nonfederal Permanently v. School files Permanently w. Minutes of any office, agency or department of the city relative to information gathered in the process of internal evaluation, program analysis or career development planning 5 years (2) Insurance policies and records: a. Insurance policies: Accidents 8 years after expiration Automobile 8 years after expiration Burglary, robbery and theft 1 year after expiration Fidelity 8 years after expiration Surety 10 years after expiration Fire 7 years after expiration Liability 8 years after expiration Life 8 years after expiration Workmen's compensation Permanently Group policies Permanently b. Insurance rating reports 1 copy permanently (3) Legal records: a. City court appeal files Permanently b. Claims files Permanently c. Contracts Seven (7) years after termination of contract, unless a longer retention period is designated by the law director d. Deeds Permanently e. Easements Permanently f. Leases Permanently g. Legal opinions Permanently h. Retired suits Permanently i. Solicitation files Three (3) years following expiration of the permit j. Suit files Permanently k. Workmen's compensation files Permanently (4) Pension records: a. Active pension records Permanently b. Actuarial evaluations Permanently c. Computer printouts Until superseded d. Option estimates Permanently e. Portfolio summaries Permanently f. Resigned employee pension records Permanently g. Retired employee pension records Permanently (Code 1962, § 2-2105; Ord. No. O-137-2016, § 1, 8-30-16; Ord. No. O-15-2017, § 1, 2-28-17) ===== Sec. 2-767. - Same—Building and construction records. The following building and construction records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Addition and remodeling permits Permanently (2) Applications for building permits Permanently (3) Building permits Permanently (4) Complaints 2 years (5) Contractors' files Permanently (6) Electrical permits Permanently (7) FHA permits Permanently (8) Final inspections 2 years after the inspection (9) Homeowners' affidavits Permanently (10) New building permits Permanently (11) Permit books Permanently (12) Plat plans, parking Permanently (13) Plumbing permits without building permits Permanently (14) Street cut inspections 10 years after the inspection (15) Water heater permits Permanently (16) Traffic control plans 10 years (17) Permits, floodplain development Permanently (18) Permits, grading Permanently (19) Work orders, traffic control 10 years (20) Ward maps, kept by engineering department Permanently (21) Subdivision maps, kept by engineering department Permanently (22) Easement maps, kept by engineering department Permanently (23) Bonds for general contractors, electrical contractors, gas contractors, and mechanical contractors 5 years after the expiration of the underlying license (Code 1962, § 2-2106; Ord. No. O-137-2024 , § 1, 11-26-24) ===== Sec. 2-768. - Same—Certificates, licenses and permits, miscellaneous. The following miscellaneous certificates, licenses and permits issued by the city shall be retained as indicated: Title or Description Retain as Indicated (1) Alcoholic beverages—Good moral character 5 years (2) Alcoholic beverages—Sales reports, retail and wholesale 10 years (3) Examination—Applications for electrical Permanently (4) Examination—Applications for plumbing Permanently (5) Examination—Record of passed or failed on plumbing Permanently (6) Certificates—Journeyman plumbers Permanently (7) Certificates—Master plumbers Permanently (8) Certificates—Residential plumbers Permanently (9) Permits—Beer 10 years (10) Permits—Blasting Permanently (11) Permits—Service station Permanently (Code 1962, § 2-2107) ===== Sec. 2-769. - Same—Financial records. The following financial records of the city shall be retained as indicated: (1) Accounting records: a. Accounts, commercial refuse 10 years b. Accounts payable Permanently c. Accounts receivable 10 years d. Cash reports: 1. Treasurer's office 10 years 2. Initiating office 2 years after year of issue e. Debt service Permanently f. Gasoline reports 5 years g. Invoices 7 years h. Ledger, general 10 years i. Receipt books 10 years j. Receipts, commercial refuse, paid 10 years k. Receipts, paid landfill 10 years l. Transfer station weight bills 10 years m. Vouchers, accounting department's copy 10 years n. Vouchers, treasurer's copy 10 years (2) Banking records: a. Bank reconciliations 6 years b. Bank statements 6 years c. Checks issued and paid, payroll 6 years d. Checks issued and paid, vouchers 6 years e. Check registers, payroll 10 years f. Check registers, vouchers 10 years g. Deposit tickets 6 years (3) Budgetary records: a. Audit reports 1 copy permanently b. Annual reports Permanently c. Budget information and files 2 years d. Budgets 1 copy permanently (4) Payroll records: a. Attendance records 7 years b. Garnishments 5 years after satisfaction or termination of employee c. Payroll history, journal and years' end file Permanently d. Payroll recaps Permanently e. Social security reports Permanently f. Voluntary payroll deductions 10 years g. W-2's 10 years h. Group time reporting sheets 7 years (5) Purchasing records: a. Bid reports 10 years b. Purchase orders 10 years c. Requisitions 10 years d. Work orders 5 years (6) Tax records: a. Admission tax returns 6 years b. Business tax applications 10 years c. Business tax gross receipt returns 6 years d. OTA's Permanently e. Tax receipts, paid 10 years f. Tax receipts, unpaid 10 years g. Tax rolls, personalty Permanently h. Tax rolls, public utility Permanently i. Tax rolls, realty Permanently (Code 1962, § 2-2108; Ord. No. O-466-00, § 1, 10-17-00) ===== Sec. 2-770. - Same—Housing and neighborhood development records. The following housing and neighborhood development records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Out of system files; application and related information for cases that never proceed to rehab 3 years (2) Subrecipient case files; cases where CAC or KOIC performed minor home repairs 3 years after contract completion (3) Subrecipient contract files Permanently (4) Unacceptable rehab bid proposals 3 years (5) Tenant files 3 years after project rehab (6) Loan/construction files Permanently (7) Temporary relocation files 3 years after move date (8) Acquisition files Permanently (9) Permanent relocation files Permanently (Code 1962, § 2-2114; Ord. No. O-107-2022 , §§ 5, 6, 8-23-22) ===== Sec. 2-771. - Same—Law enforcement records. The following law enforcement records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Fire department records: a. Arson investigation reports (casefiles, reports, photographs, etc.) 30 years or until the convicted perpetrator is released from prison, whichever is longer b. Blood borne pathogens/infectious material standard: i. Written exposure plan Maintain current version continuously, discard older versions ii. Employee exposure records Duration of employment plus 30 years c. Employee training records Duration of employment plus 3 years d. Employee medical records Duration of employment plus 30 years e. Firefighter annual certification of fitness to perform job functions 3 years f. Firefighter annual facemask fit test records 3 years g. Time reporting sheets 7 years h. Safety data sheets for chemicals on premises (formerly MSDS) Maintain current version i. Chemical used records 30 years j. Fire incident reports 10 years k. Fire inspection records and similar reports At minimum, keep all reports for a period of 3 years. Additionally, retain current inspection report until a new inspection report is created for the location. l. Vehicle and equipment maintenance records Retain 5 years or life of equipment, whichever is longer. m. Medical records of patients in EMS run records 20 years n. Permits—Blasting 3 years o. Permits—Pyrotechnics and invoices 3 years p. Permits—Storage tanks Duration of tank plus 20 years q. Receipt books 10 years (2) Municipal court: a. Abstract file Permanently b. Arrest warrants 20 years c. Booking warrants 20 years d. Docket books Permanently e. Failure citations 20 years f. Search warrants 10 years g. Traffic school cards 5 years (3) Police department: a. Abandoned, lost, misplaced property 6 months b. Animal control files 14 months c. Beer board minutes Permanently d. Beer license applications As long as business has license e. Beer license—Inspections report 10 years f. Beer license—Receipt book Permanently g. City booking warrants 20 years h. Complaint cards 14 months i. Confiscated property 3 years, or after verification with court of termination of case j. Crime reports/case files (officer, detective) 20 years k. Crime statistics Permanently l. Criminal history files Destroy upon verification of death or 100 years after birth m. DWI reports 3 years, or after verification with court of termination of case n. Fingerprint files Destroy upon verification of death or 100 years after birth o. General orders One permanent copy p. Gun applications If criminal record, retain copy with criminal history file; otherwise, retain for one year. q. Jail docket book Permanently r. Juvenile records 7 years after 18 years of age s. Narcotic files 20 years t. Pawn, coin, antique, secondhand business file, etc. 3 years u. Release of liability 1 year after running of statute of limitations v. Taxicab files 10 years w. Traffic accident reports 5 years x. Traffic citations 20 years y. Vehicle pull-in records 3 years z. Tapes generated by in-car recording equipment 13 months, or after verification by the court, district attorney or law department that any case involving the tape has been terminated (Code 1962, § 2-2109; Ord. No. O-2-01, § 1, 1-9-01; Ord. No. O-44-2024 , § 1, 4-2-24) ===== Sec. 2-772. - Same—Miscellaneous records. The following miscellaneous records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Capital improvement records Permanently (2) CETA books/manuals Until superseded (3) City hall history Permanently (4) Commercial refuse computer printouts 10 years (5) Federal registers Until superseded (6) Landfill—Commercial file 10 years (7) Landfill—General file 10 years (8) Major street widening and expressway files Permanently (9) Office of the handicapped and elderly client records Permanently (10) Solid waste records Permanently (11) State street reports Permanently (Code 1962, § 2-2110) ===== Sec. 2-773. - Same—Personnel records. The following personnel records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Attendance records 7 years (2) Computer maintenance input Permanently (3) Current employee files 10 years after termination (4) Daily line-up sheets 7 years (5) Daily time sheets 7 years (6) Employee requisition logs 10 years (7) Exit interviews 10 years after termination (8) Fatality files Permanently (9) Garnishments 5 years after satisfaction or termination of employee (10) Inactive applications 5 years (11) Individual training files 10 years after termination (12) Leave records 7 years after termination (13) Medical records 10 years after termination (14) OSHA—Accident reports Permanently (15) OSHA—Inspection reports Permanently (16) OSHA—Investigation reports Permanently (17) Personal injuries Permanently (18) Personnel evaluations 10 years after termination (19) Position control records Permanently (20) Recruitment records 5 years (21) Salary survey 10 years (22) Temporary and parttime employee files 10 years after termination (23) Terminated employee files 10 years after termination (24) Training literature Permanently (25) Training school records 10 years after termination (26) Transfers 10 years after termination (27) Unemployment records 10 years after termination (Code 1962, § 2-2111) ===== Sec. 2-774. - Same—Physical plant and equipment. The following physical plant and equipment records of the city shall be retained as indicated: (1) Equipment records: a. Equipment and spare parts records 5 years b. Equipment master file Permanently c. Fixed asset records Permanently d. Inventory records Permanently e. Vehicle specifications Permanently (2) Inspections records: a. Brush reports 5 years b. Business inspections Permanently c. City school inspections Permanently d. Construction inspections 2 years e. Street cut inspections 2 years (3) Maintenance records: a. Equipment service records 5 years b. Maintenance department records 10 years c. Shop time recovery sheets 1 year d. Work orders 5 years (Code 1962, § 2-2112) ===== Sec. 2-775. - Same—Utility system records. The following utility (wastewater control system) records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Engineering consultant files Permanently (2) Maps Permanently (3) Maps, original design for sewer and pumping stations Permanently (4) Rainfall and special project data Permanently (5) Recorder tapes of pumping station instruments Permanently (6) Sewage site maps Permanently (7) Sewer—Charge exemptions Permanently (8) Sewer—Connections Permanently (9) Sewer—Fee schedule Until superseded (10) Sewer—Rights Permanently (11) Sewer—Studies Permanently (12) Sewers—Available Permanently (13) Sewers—Connected Permanently (14) Subdivision invoice records Permanently (15) Wastewater control system files (law department) Permanently (Code 1962, § 2-2113) _____ ===== Sec. 2-776. - Established. There is hereby created and established a committee to be legally known as the "City of Knoxville Public Property Naming Committee," referred to in this chapter as "committee," which has previously existed on an ad hoc basis. The terms and membership of the ad hoc committee in place as of the date of the adoption of this division shall not be affected by this division and shall continue to the planned expiration of their terms. Likewise, this division does not affect the prior actions of said ad hoc committee. (Ord. No. O-214-2014, § 1, 11-25-14) ===== Sec. 2-777. - Purpose. The purpose of the committee is to review and act upon requests to name or rename public buildings or property and to adopt honorary names for streets and public rights-of-way, to honor notable Knoxvillians who have contributed to our community's history and success in a significant way. Consideration should also be given to the historical, geographical and social/cultural context of the nomination. Public property should be named after its principal function, location, or historical reference; however, significant community events, organizations or well-known persons with important contributions to the community, state or nation may deserve public recognition, which may occur by way of naming public rights-of-way or properties. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-778. - Types of naming and renaming and criteria for consideration. (a) Type of naming and renaming. (1) Honorary name: An honorary name is an additional name assigned to a right-of-way or a street segment, which supplements but does not replace the official street name. The honorary name is displayed on a different color sign mounted directly below the official street sign. (2) Public property name: A request to provide an honorary name for a significant publicly-owned property including, but not limited to, buildings, parks and recreation facilities, public structures. (3) New or unnamed city property: Any request to name newly acquired, created or previously unnamed public property shall require written approval from the mayor and a council member before an application is made to the city recorder's office. Applications require: a. The precise location and description of the subject property; b. A thorough discussion regarding the history of the property or surrounding area, as may be applicable; c. The name, address and contact information of the requestor; and d. An endorsement by the current mayor or a current council member in which the property is located. (b) Exception—Naming and renaming of streets. The committee shall not be involved with the naming of newly created streets or re-naming of existing streets which are named in accordance with the City of Knoxville Uniform Street Naming and Addressing Ordinance and the Knoxville-Knox County Subdivision Regulations. In accordance with Knoxville-Knox County Planning Commission policies, honorary namings: (1) Shall be evaluated by the planning commission for uniqueness and appropriate naming convention. (2) Shall not contain current road type nomenclature (i.e. boulevard, street, way, etc.). (3) Shall not be an exact or phonetic duplication of an existing street or facility within the city or the county. (c) Criteria for consideration of naming requests. (1) Namings shall satisfy at least one of the following criteria: a. Honors and commemorates a noteworthy person associated with the city, the county, the state or the United States of America; b. Commemorates local history, places, events or culture; c. Will strengthen neighborhood identity; or d. Recognizes native wildlife or natural geographical features. (2) The following shall not be considered for purposes of naming or renaming: a. Persons that resided in the city for less than five years, other than prominent national figures; b. Individual family tributes, commercially concerned and corporate-related recognitions; c. Designations that cause discord within the community; d. Names assigned to existing public property within the city or the county where duplication of the name is likely to lead to confusion. (3) The committee shall consider: a. The number of residents and businesses directly affected; b. Community diversity; c. The historical significance of preexisting name or location; d. The appropriateness and compatibility of the request in relation to the existing area. Namings shall reflect the values and character of the community served by the facility; e. The impact on emergency service delivery. (4) Requests for namings in honor of a natural person should also consider the following: a. Absent extraordinary or extenuating circumstances, the proposed honoree shall be deceased. Approvals to honor a living individual require unanimous support from the public property naming committee, the mayor and city council; b. Whether the proposed namesake made a demonstrable and significant positive impact to local, state, or national affairs. Contributions will have been sustained over an appreciable time period and/or demonstrated leadership in governmental, cultural or historical affairs, humanitarian efforts, or community development; c. Contributions that beneficially changed the nature and characteristics of the community; and d. Achievement by a native Knoxvillian of national or international acclaim in a specific field of endeavor that has reflected positively on Knoxville. (5) ===== Sec. 2-779. - Members of the committee. (a) The committee consists of fifteen (15) persons, who are to be appointed as follows: (1) One (1) person nominated by the councilmember for each district; (2) One (1) person nominated by the mayor; (3) One (1) representative of council nominated by the vice-mayor who will serve as chairman for a term of two (2) years or until a successor is appointed. The council member selected chairman may serve up to two consecutive terms as chairman. The chairman may appoint such other officers as deemed appropriate; (4) One (1) member from the professional staff of Knoxville-Knox County Planning, as nominated by its executive director, who shall serve in a non-voting advisory capacity; (5) One (1) representative of the law department, as nominated by the law director, who shall serve in a non-voting advisory capacity; (6) One (1) representative of the engineering department, as nominated by the director, who shall serve in a non-voting advisory capacity. All members of the committee shall be nominated as stated above and shall be confirmed by a majority of the members of city council. The terms of these members will be four (4) years (except to fill vacancies), staggered as follows: Three (3) city council appointees per year: (Year 1: First District, Second District, At-Large Seat A); (Year 2: Third District, Fourth District, At-Large Seat B); (Year 3: Fifth District, Sixth District, At-Large Seat C); Mayor's office representative; Law department representative; Engineering department representative; Metropolitan planning commission representative. (b) No member shall serve more than two (2) consecutive terms. (c) Upon the recommendation of the majority of the committee, the chairman, with approval of the city council, may remove any member of the committee for official misconduct or neglect of duty. In addition, members who fail to attend three (3) consecutive regular meetings shall be considered to have vacated their positions and may be replaced, as provided for herein. (d) No member of the committee shall receive compensation for services performed. (e) No committee member or relative of a committee member may submit a renaming application for which the committee has approval authority or administrative responsibility. For the purposes of this section, "relative" means a person related to the committee member within the third degree of consanguinity or affinity, or a person living in the same household as the committee member. In addition to the requirements of Knoxville City Code § 1-7 , committee members must declare a conflict of interest if an application comes before the committee with which the member is involved. Committee members must also declare a conflict of interest if a relative, as defined above, or a person whom the member professionally represents has a matter before the committee. In such an event, the member must recuse himself or herself from approving said application. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-780. - Powers and duties of the committee. (a) The committee shall meet at a regularly scheduled date, at least two (2) times each year. A special-called meeting can be called by the committee chair or by seven (7) members of the committee with at least forty-eight (48) hours' notice. All meetings shall be open to the public. All meetings of the committee shall require a quorum of the voting membership in order to act. (b) The committee is authorized to develop and establish its own operating procedures, including identifying additional criteria for proposing and evaluating applications for namings, and to prescribe the necessary forms and fees to be charged for application. The committee's procedures shall be made available through the city council office, as well as posted on the city's website. (c) The committee is authorized to initiate public forums when appropriate for determining merits of an application. (d) The committee is authorized to periodically review and recommend changes to its own procedures and processes, and to adopt the same by majority vote. (e) If an application is approved by the committee, it is sent to the mayor for review. Within thirty (30) days of receipt, the mayor shall consider the approved application and may make any recommendation in writing for either approval, amendment or rejection. The proposal along with the mayor's written recommendation, if any, is thereafter placed on city council agenda for consideration. (f) Reassessment. Approved namings are bestowed with the intention that they will be permanent. However, the city and the committee will retain the right to reassess any naming in the future if facts, circumstances and/or conditions arise that make it prudent for the city, on behalf of the public interest, to amend, alter or remove the name of a street or public property. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== ARTICLE VII. - CITY PROPERTY Footnotes: --- ( 15 ) --- Cross reference— Aircraft and airports, Ch. 3; buildings and building regulations, Ch. 6. ===== Sec. 2-706. - Management of public property within the Central Business Improvement District. (a) Where the city owns real or personal property within the Central Business Improvement District (CBID), which is managed by or to be managed by the public building authority of the county and the city (PBA) pursuant to an operating contract with the city, such property may be leased to PBA, for further sublease by PBA. (b) The lease between the city and PBA may be for a particular property or may consist of a master lease for multiple properties identified therein. With the approval of council, properties within the CBID may from time to time be added to or deleted from the master lease agreement. Properties which are under lease by the city to third-parties may be included within the master lease, upon approval of council and written assignment by the city to PBA. (c) The terms or parameters upon which any particular property is to be subleased by PBA shall be subject to the written approval of the finance director. Any sublease with a term in excess of five (5) years and any lease requiring the expenditure of unbudgeted funds by the city shall require the approval of council. Notwithstanding any other provision of this Code, PBA is authorized to sublease such property by noncompetitive negotiations, by competitive bid, or by such other method as PBA deems appropriate for the particular property. (Ord. No. O-247-02, § 1, 6-25-02) ===== Sec. 2-721. - Surplus property generally. (a) Whenever the director or other chief administrative officer of any department or agency of the city determines that real or personal property of the city in the custody of or used by such department or agency is no longer needed or suited for its purposes, the director of the department, the chief administrative officer of the agency or the mayor or his designated representative shall declare such real or personal property surplus and shall transfer it to the custody of the purchasing agent, but the insurance, maintenance and repairs to the property shall continue to be paid out of the budget appropriation of the transferring department or agency until the end of the fiscal year in which the transfer took place, or until the appropriation for such purposes has been transferred to the department of finance or other transferee department in the manner provided by the Charter. (b) The purchasing agent shall make all surplus real and personal property available to all departments or agencies of the city, and shall effect the transfer of such property to the department or other agency requesting its use. (c) When surplus real or personal property, other than property acquired through bond funds or other special funds, is not required by a department or other agency of the city, the purchasing agent is authorized, with the approval of the mayor and council, to sell or lease such property. Before any such property is sold, a committee consisting of a representative from the departments of law, finance, and accountability, and the office of the mayor (economic development) shall evaluate the benefits to be derived by the city through a sale, lease, lease with option to purchase or other financial arrangement, and the purchasing agent shall advertise the property, as provided in this division, offering those options or alternatives which appear to be in the best interest of the city. The proceeds from the sale of real property shall be deposited in a special fund to be appropriated and expended in accordance with programs and budgets submitted to and approved by the council. The proceeds from the sale of the personal property shall be deposited in the general fund. (d) The city is authorized to sell, lease or transfer real and personal property of the city which is declared to be surplus, excess or unused in accordance with the rules and procedures set out in sections 2-722 and 2-723 . (e) Notwithstanding the provisions of subsections (a) through (g) of this section or the provisions of section 2-722 , upon recommendation of the finance director, the city is authorized to lease or sell, by noncompetitive negotiation, surplus real property located within the geographic boundary of a redevelopment or urban renewal project designated as such by council pursuant to state law. Such lease or sale shall be subject to approval by council, and at least fifteen (15) days' notice of the time and place for council's consideration of such proposed lease or sale shall first have been published once in a daily newspaper of general circulation in the city. An appraisal of the property shall also be obtained prior to council's consideration of any such lease or sale. (f) The purchasing agent may enter into an agreement to loan surplus property of historic or archival significance to a museum operated by a nonprofit corporation and dedicated in whole or in part to the history of the city or any of its departments. Said property shall be leased or loaned for the purpose of display or exhibition of such property to the public within the city. Said nonprofit corporation shall be responsible for the safekeeping of the property. If deemed necessary by the city's risk coordinator, said nonprofit corporation shall be responsible for providing insurance coverage on the property in such amount as determined to be necessary by the city's risk coordinator. (g) Where real property acquired from revenues of the electric, gas, water, or wastewater divisions of t ===== Sec. 2-722. - Disposal of real property. The procedure for the disposal or sale of real property, after the declaration of it being surplus by the director of a department or head of an agency and the determination by the purchasing agent that the property is not needed by any other department or agency of the city, shall be as follows: (1) The purchasing agent shall have the property in question appraised by one (1) or more qualified real estate appraisers if the purchasing agent estimates the property to be valued at ten thousand dollars ($10,000.00) or greater. (2) The purchasing agent shall advertise the property and receive sealed bids or proposals thereon, or shall offer the property for sale at public auction. If sealed bids or proposals are taken, the bids received, together with the report of the appraiser if required by subsection (1), shall be reported to council, or if the property is offered for sale at public auction the highest bid, the number of bidders, the report of the appraiser and such other information as may be pertinent shall be reported to council. If council finds the highest bid received to be fair and adequate and in the best interests of the city the council shall approve the sale and authorize the mayor to execute a deed of conveyance upon the successful bidder complying with the bid made. (3) If the council finds the real property is of no value, the council may authorize the disposal of the real property without the necessity of payment to the city, except as otherwise provided in this section. (4) The purchaser or grantee of property disposed of or conveyed by the city shall bear the expenses of the transfer, including the appraisals and costs of sale, except in cases where the property has no value and the transfer is initiated by the city. (5) All real property offered for sale or lease by the city, except property sold or leased to the federal, state or county governments or an agency of city government, shall be advertised in a daily newspaper at least once and by posting a sign not less than eighteen (18) inches by twenty-four (24) inches in size on the property which is conspicuously located and visible from adjacent streets or roads. The sign shall give notice that the property is being offered for sale or lease and designate the office or agency to be contacted for information relative to the bidding procedure, date of sale and other pertinent information. The sign must be posted by the office or agency responsible for the sale or lease at least fourteen (14) days prior to the date bids are to be opened or the transaction consummated, whichever first occurs. Notice of sale shall be posted on the city's website fourteen (14) days prior to sale. (6) For any realty previously offered for sale by either sealed bid, sealed proposal, or by auction where no responsible responsive bid is received, the city purchasing agent may offer the property for sale through noncompetitive negotiation or through the use of a professional realty sale company. Any sale under such terms shall be subject to approval by the council. (7) Subsections (1) through (7) shall not apply to real property acquired by the city through delinquent tax sales. Instead, city council may, upon a majority vote, determine that it is impracticable to sell such property for the full amount of the taxes, penalty, cost and interest. If city council makes this determination, city council may authorize the sale of the real property either by public absolute auction to the highest bidder or by any other procedure authorized by the City Code, and that any funds recovered by said sale be divided between the city and the county on a pro rata basis and that any remaining unpaid taxes, penalties, costs and interest owed to the city be waived pursuant to T.C.A. § 67-5-2508(d). (Code 1962, § 2-1901; Ord. No. O-64-92, § 1, 3-17-92; Ord. No. O-10-04, §§ 5—8, 2-3-04; Ord. No. O-45-2012, § 1, 4-3-12; Ord. No. O-56-2016, § 1, 4-26-16; Ord. No. O-37-2017, §§ 1—4, 3-14-17) ===== Sec. 2-723. - Disposal of personal property. The procedure for the sale or disposal of personal property, after the declaration of it being surplus by the director of a department or head of an agency and the determination by the purchasing agent that the property is not needed by any other department or agency of the city, shall be as follows: (1) The purchasing agent shall determine the fair value of the personal property in question through appraisals or in the manner established by regulations of the purchasing agent and approved by the director of finance. (2) All personal property owned by the city having a value of five hundred dollars ($500.00) or more shall be sold on a competitive basis by competitive sealed bids, at public auction, or by Internet auction by the purchasing agent. (3) All personal property owned by the city having a value of less than five hundred dollars ($500.00) shall be sold or disposed of by the purchasing agent in such manner as may be approved by the director of finance; provided, however, if the value of surplus personal property has an aggregate value of five hundred dollars ($500.00) or more, it shall be sold on a competitive basis. (4) Nothing contained in subsection (1) or (2) of this section shall prevent the purchasing agent from using such surplus personal property as a trade-in for the purchase of new equipment. (5) All personal property seized, confiscated or abandoned in the possession of the city may, after having been held for a period of not less than ninety (90) days, be sold at public auction, by Internet auction, or by competitive sealed bids after having been advertised in a daily paper of general circulation in the city, and after diligent inquiry and investigation having been made to ascertain the owner of the property; provided, however, this section shall not apply to property seized or confiscated in enforcement of any tax lien. (Code 1962, § 2-1902; Ord. No. O-248-06, § 1, 12-5-06) Charter reference— Provisions as to purchasing agent, § 903(A). ===== Sec. 2-724. - Award of items to certain retiring police officers and firefighters. Notwithstanding any other provision of this division: (1) The chief of police shall be authorized, but not required, to award any sworn officer separating from employment with the city in good standing having a minimum of ten years of service with the city police department that officer's service weapon and/or badge, or an equivalent item, or any other de minimis item as a memento of the officer's service. The decision to award any such item shall be in the sole discretion of the chief of police. An officer receiving any such item shall acknowledge receipt and ownership of the item or items in writing, and shall release the city from any liability from use or ownership of the item or items. The chief of police shall report the award of such items to the purchasing agent, and shall retain a record of any such items awarded to retiring officers. (2) The chief of the fire department shall be authorized, but not required, to award any firefighter separating from employment with the city in good standing having a minimum of ten (10) years of service with the city fire department that firefighter's badge, turn-out gear and/or their city-issued service weapon (if applicable) or an equivalent item, or any other de minimis item as a memento of the firefighter's service. The decision to award any such item shall be in the sole discretion of the chief of the fire department. All firefighters receiving such items shall acknowledge receipt and ownership of the item or items in writing, and shall release the city from any liability from the use or ownership of the item or items. The chief of the fire department shall report the award of such items to the purchasing agent, and shall retain a record of any such items awarded to retiring firefighters. (3) Any award made prior to December 1, 2005 of a single service weapon and/or badge to a sworn officer or firefighter over age fifty (50) retiring after twenty-five (25) years of service with the city police department or the city fire department shall be deemed as a lawful transfer of that item to the retiring employee, which shall vest ownership of the item with that retiring employee. The chief of police and the chief of the fire department shall forward a record of such items previously awarded to the purchasing agent, and shall retain a record of any such items previously awarded. (4) The award of any service weapon, badge or other de minimus item shall not confer upon the recipient any police powers or other authority. (Ord. No. O-269-05, § 1, 11-22-05; Ord. No. O-130-2022 , § 1, 10-18-22) ===== DIVISION 3. - RELOCATION POLICY Footnotes: --- ( 16 ) --- Editor's note— Ord. No. O-106-07, § 1, adopted May 22, 2007, amended the Code by repealing former div. 3, §§ 2-741—2-745, and added a new div. 3. Former div. 3 pertained to similar subject matter, and derived from the Code of 1962, §§ 2-2000—2-2010. State Law reference— Uniform relocation assistance, T.C.A. § 13-11-101 et seq. ===== Sec. 2-741. - Relocation assistance and real property acquisition policy. The department of finance and accountability is authorized to adopt a relocation assistance and real property acquisition policy for persons and entities displaced as a result of a city-funded project. (Ord. No. O-106-07, § 1, 5-22-07) ===== Sec. 2-761. - Generally. There is hereby established for the municipal government of the city a records retention schedule, comprised of procedures and minimum time limits, as fully set out in this division. (Code 1962, § 2-2100) ===== Sec. 2-762. - Public records and public documents defined. Public records and public documents within the city shall be construed to mean all documents, papers, records, books of account, minutes, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by the council of the city or by any office, agency or department of the city. (Code 1962, § 2-2104) ===== Sec. 2-763. - Records retention officer. There is hereby established the position of records retention officer of the city, who will be responsible for the administration of the provisions and procedures established pursuant to this division. The duties and responsibilities of the records retention officer shall be assigned to and performed by the records management manager of the city. (Code 1962, § 2-2102) ===== Sec. 2-764. - Records storage; disposal procedure. (a) This division contains a schedule of records maintained by various departments with retention requirements applicable to each. Records may be destroyed after the particular retention period, provided that the procedures mandated by T.C.A. § 10-7-101 et seq. are complied with completely. The records may be retained for longer periods when it would be advisable or otherwise helpful to do so. (b) Prior to expiration of the retention period, all except current records may be stored in available storage space in storage files, cartons, or boxes. The storage containers or files shall be labeled with labels showing: (1) An itemized list of contents. (2) Serial numbers or inclusive dates of the documents filed. (3) The date filed. (4) A notation showing the date when the contents may be destroyed, similar to the following: "May be Destroyed After 7/1/80." (c) After the retention period has expired, the records are to be disposed of as directed by the mayor or the city attorney, with the concurrence of the records retention officer. The records for disposal are to be listed on a certificate of records disposal, the certificate to be established by the records retention officer of the city. The person or department performing the disposal shall be accompanied by a witness designated by the records retention officer, and the signatures of both shall be affixed to all copies of the certificate of records disposal. The original of the completed certificate of records disposal is to be filed in the office of the city recorder. One (1) carbon copy shall be retained and filed in the appropriate department and the other in the records management section. (d) Should any procedure established by this division be found in conflict with a statute or regulation of the state or the federal government, the statute or regulation of the state or federal government shall take precedence over the conflicting provision in this division. (e) Should any of the minimum time limits established in this division be found in conflict with the limitations established by statute, regulation, or case law of the state or the federal government, the statute, regulation or court decision shall take precedence over the provisions of this division; provided that, if the provision of this division provides for a longer minimum retention period, such provision shall be followed exclusively. (Code 1962, § 2-2101) ===== Sec. 2-765. - Required approvals preceding destruction of records. Before any record or document shall be deemed appropriate for disposal, it shall be the duty of the records retention officer, in addition to all other responsibilities of that officer, to obtain on the certificate of records disposal the signatures of the mayor, the city attorney and the department head affected. (Code 1962, § 2-2103) ===== Sec. 2-766. - Retention schedule—Administrative records. The following administrative records of the city shall be retained as indicated: Title or Description Retained as Indicated (1) General records: a. Agendas of public meetings Permanently b. Airport files Permanently c. Bond files and registers Permanently d. Bonds—Coupons paid Per agreement with paying agent e. Bonds—Issued Per agreement with paying agent f. City-county building Permanently g. Community development files Permanently h. Complaints about or requests for municipal services Until action completed i. Correspondence—Accounting 5 years j. Correspondence—Engineering and technical 10 years k. Correspondence—Executive Permanently l. Correspondence—General 5 years m. Correspondence—Personal 6 years n. Correspondence—Purchase 5 years o. Correspondence—Tax Permanently p. Correspondence—Traffic 5 years q. Grants, federal—Applications and approvals Permanently r. Grants, federal—Project files Permanently s. Minutes of council meetings, board meetings, committee meetings, etc. Permanently t. Ordinances and resolutions Permanently u. Projects, nonfederal Permanently v. School files Permanently w. Minutes of any office, agency or department of the city relative to information gathered in the process of internal evaluation, program analysis or career development planning 5 years (2) Insurance policies and records: a. Insurance policies: Accidents 8 years after expiration Automobile 8 years after expiration Burglary, robbery and theft 1 year after expiration Fidelity 8 years after expiration Surety 10 years after expiration Fire 7 years after expiration Liability 8 years after expiration Life 8 years after expiration Workmen's compensation Permanently Group policies Permanently b. Insurance rating reports 1 copy permanently (3) Legal records: a. City court appeal files Permanently b. Claims files Permanently c. Contracts Seven (7) years after termination of contract, unless a longer retention period is designated by the law director d. Deeds Permanently e. Easements Permanently f. Leases Permanently g. Legal opinions Permanently h. Retired suits Permanently i. Solicitation files Three (3) years following expiration of the permit j. Suit files Permanently k. Workmen's compensation files Permanently (4) Pension records: a. Active pension records Permanently b. Actuarial evaluations Permanently c. Computer printouts Until superseded d. Option estimates Permanently e. Portfolio summaries Permanently f. Resigned employee pension records Permanently g. Retired employee pension records Permanently (Code 1962, § 2-2105; Ord. No. O-137-2016, § 1, 8-30-16; Ord. No. O-15-2017, § 1, 2-28-17) ===== Sec. 2-767. - Same—Building and construction records. The following building and construction records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Addition and remodeling permits Permanently (2) Applications for building permits Permanently (3) Building permits Permanently (4) Complaints 2 years (5) Contractors' files Permanently (6) Electrical permits Permanently (7) FHA permits Permanently (8) Final inspections 2 years after the inspection (9) Homeowners' affidavits Permanently (10) New building permits Permanently (11) Permit books Permanently (12) Plat plans, parking Permanently (13) Plumbing permits without building permits Permanently (14) Street cut inspections 10 years after the inspection (15) Water heater permits Permanently (16) Traffic control plans 10 years (17) Permits, floodplain development Permanently (18) Permits, grading Permanently (19) Work orders, traffic control 10 years (20) Ward maps, kept by engineering department Permanently (21) Subdivision maps, kept by engineering department Permanently (22) Easement maps, kept by engineering department Permanently (23) Bonds for general contractors, electrical contractors, gas contractors, and mechanical contractors 5 years after the expiration of the underlying license (Code 1962, § 2-2106; Ord. No. O-137-2024 , § 1, 11-26-24) ===== Sec. 2-768. - Same—Certificates, licenses and permits, miscellaneous. The following miscellaneous certificates, licenses and permits issued by the city shall be retained as indicated: Title or Description Retain as Indicated (1) Alcoholic beverages—Good moral character 5 years (2) Alcoholic beverages—Sales reports, retail and wholesale 10 years (3) Examination—Applications for electrical Permanently (4) Examination—Applications for plumbing Permanently (5) Examination—Record of passed or failed on plumbing Permanently (6) Certificates—Journeyman plumbers Permanently (7) Certificates—Master plumbers Permanently (8) Certificates—Residential plumbers Permanently (9) Permits—Beer 10 years (10) Permits—Blasting Permanently (11) Permits—Service station Permanently (Code 1962, § 2-2107) ===== Sec. 2-769. - Same—Financial records. The following financial records of the city shall be retained as indicated: (1) Accounting records: a. Accounts, commercial refuse 10 years b. Accounts payable Permanently c. Accounts receivable 10 years d. Cash reports: 1. Treasurer's office 10 years 2. Initiating office 2 years after year of issue e. Debt service Permanently f. Gasoline reports 5 years g. Invoices 7 years h. Ledger, general 10 years i. Receipt books 10 years j. Receipts, commercial refuse, paid 10 years k. Receipts, paid landfill 10 years l. Transfer station weight bills 10 years m. Vouchers, accounting department's copy 10 years n. Vouchers, treasurer's copy 10 years (2) Banking records: a. Bank reconciliations 6 years b. Bank statements 6 years c. Checks issued and paid, payroll 6 years d. Checks issued and paid, vouchers 6 years e. Check registers, payroll 10 years f. Check registers, vouchers 10 years g. Deposit tickets 6 years (3) Budgetary records: a. Audit reports 1 copy permanently b. Annual reports Permanently c. Budget information and files 2 years d. Budgets 1 copy permanently (4) Payroll records: a. Attendance records 7 years b. Garnishments 5 years after satisfaction or termination of employee c. Payroll history, journal and years' end file Permanently d. Payroll recaps Permanently e. Social security reports Permanently f. Voluntary payroll deductions 10 years g. W-2's 10 years h. Group time reporting sheets 7 years (5) Purchasing records: a. Bid reports 10 years b. Purchase orders 10 years c. Requisitions 10 years d. Work orders 5 years (6) Tax records: a. Admission tax returns 6 years b. Business tax applications 10 years c. Business tax gross receipt returns 6 years d. OTA's Permanently e. Tax receipts, paid 10 years f. Tax receipts, unpaid 10 years g. Tax rolls, personalty Permanently h. Tax rolls, public utility Permanently i. Tax rolls, realty Permanently (Code 1962, § 2-2108; Ord. No. O-466-00, § 1, 10-17-00) ===== Sec. 2-770. - Same—Housing and neighborhood development records. The following housing and neighborhood development records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Out of system files; application and related information for cases that never proceed to rehab 3 years (2) Subrecipient case files; cases where CAC or KOIC performed minor home repairs 3 years after contract completion (3) Subrecipient contract files Permanently (4) Unacceptable rehab bid proposals 3 years (5) Tenant files 3 years after project rehab (6) Loan/construction files Permanently (7) Temporary relocation files 3 years after move date (8) Acquisition files Permanently (9) Permanent relocation files Permanently (Code 1962, § 2-2114; Ord. No. O-107-2022 , §§ 5, 6, 8-23-22) ===== Sec. 2-771. - Same—Law enforcement records. The following law enforcement records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Fire department records: a. Arson investigation reports (casefiles, reports, photographs, etc.) 30 years or until the convicted perpetrator is released from prison, whichever is longer b. Blood borne pathogens/infectious material standard: i. Written exposure plan Maintain current version continuously, discard older versions ii. Employee exposure records Duration of employment plus 30 years c. Employee training records Duration of employment plus 3 years d. Employee medical records Duration of employment plus 30 years e. Firefighter annual certification of fitness to perform job functions 3 years f. Firefighter annual facemask fit test records 3 years g. Time reporting sheets 7 years h. Safety data sheets for chemicals on premises (formerly MSDS) Maintain current version i. Chemical used records 30 years j. Fire incident reports 10 years k. Fire inspection records and similar reports At minimum, keep all reports for a period of 3 years. Additionally, retain current inspection report until a new inspection report is created for the location. l. Vehicle and equipment maintenance records Retain 5 years or life of equipment, whichever is longer. m. Medical records of patients in EMS run records 20 years n. Permits—Blasting 3 years o. Permits—Pyrotechnics and invoices 3 years p. Permits—Storage tanks Duration of tank plus 20 years q. Receipt books 10 years (2) Municipal court: a. Abstract file Permanently b. Arrest warrants 20 years c. Booking warrants 20 years d. Docket books Permanently e. Failure citations 20 years f. Search warrants 10 years g. Traffic school cards 5 years (3) Police department: a. Abandoned, lost, misplaced property 6 months b. Animal control files 14 months c. Beer board minutes Permanently d. Beer license applications As long as business has license e. Beer license—Inspections report 10 years f. Beer license—Receipt book Permanently g. City booking warrants 20 years h. Complaint cards 14 months i. Confiscated property 3 years, or after verification with court of termination of case j. Crime reports/case files (officer, detective) 20 years k. Crime statistics Permanently l. Criminal history files Destroy upon verification of death or 100 years after birth m. DWI reports 3 years, or after verification with court of termination of case n. Fingerprint files Destroy upon verification of death or 100 years after birth o. General orders One permanent copy p. Gun applications If criminal record, retain copy with criminal history file; otherwise, retain for one year. q. Jail docket book Permanently r. Juvenile records 7 years after 18 years of age s. Narcotic files 20 years t. Pawn, coin, antique, secondhand business file, etc. 3 years u. Release of liability 1 year after running of statute of limitations v. Taxicab files 10 years w. Traffic accident reports 5 years x. Traffic citations 20 years y. Vehicle pull-in records 3 years z. Tapes generated by in-car recording equipment 13 months, or after verification by the court, district attorney or law department that any case involving the tape has been terminated (Code 1962, § 2-2109; Ord. No. O-2-01, § 1, 1-9-01; Ord. No. O-44-2024 , § 1, 4-2-24) ===== Sec. 2-772. - Same—Miscellaneous records. The following miscellaneous records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Capital improvement records Permanently (2) CETA books/manuals Until superseded (3) City hall history Permanently (4) Commercial refuse computer printouts 10 years (5) Federal registers Until superseded (6) Landfill—Commercial file 10 years (7) Landfill—General file 10 years (8) Major street widening and expressway files Permanently (9) Office of the handicapped and elderly client records Permanently (10) Solid waste records Permanently (11) State street reports Permanently (Code 1962, § 2-2110) ===== Sec. 2-773. - Same—Personnel records. The following personnel records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Attendance records 7 years (2) Computer maintenance input Permanently (3) Current employee files 10 years after termination (4) Daily line-up sheets 7 years (5) Daily time sheets 7 years (6) Employee requisition logs 10 years (7) Exit interviews 10 years after termination (8) Fatality files Permanently (9) Garnishments 5 years after satisfaction or termination of employee (10) Inactive applications 5 years (11) Individual training files 10 years after termination (12) Leave records 7 years after termination (13) Medical records 10 years after termination (14) OSHA—Accident reports Permanently (15) OSHA—Inspection reports Permanently (16) OSHA—Investigation reports Permanently (17) Personal injuries Permanently (18) Personnel evaluations 10 years after termination (19) Position control records Permanently (20) Recruitment records 5 years (21) Salary survey 10 years (22) Temporary and parttime employee files 10 years after termination (23) Terminated employee files 10 years after termination (24) Training literature Permanently (25) Training school records 10 years after termination (26) Transfers 10 years after termination (27) Unemployment records 10 years after termination (Code 1962, § 2-2111) ===== Sec. 2-774. - Same—Physical plant and equipment. The following physical plant and equipment records of the city shall be retained as indicated: (1) Equipment records: a. Equipment and spare parts records 5 years b. Equipment master file Permanently c. Fixed asset records Permanently d. Inventory records Permanently e. Vehicle specifications Permanently (2) Inspections records: a. Brush reports 5 years b. Business inspections Permanently c. City school inspections Permanently d. Construction inspections 2 years e. Street cut inspections 2 years (3) Maintenance records: a. Equipment service records 5 years b. Maintenance department records 10 years c. Shop time recovery sheets 1 year d. Work orders 5 years (Code 1962, § 2-2112) ===== Sec. 2-775. - Same—Utility system records. The following utility (wastewater control system) records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Engineering consultant files Permanently (2) Maps Permanently (3) Maps, original design for sewer and pumping stations Permanently (4) Rainfall and special project data Permanently (5) Recorder tapes of pumping station instruments Permanently (6) Sewage site maps Permanently (7) Sewer—Charge exemptions Permanently (8) Sewer—Connections Permanently (9) Sewer—Fee schedule Until superseded (10) Sewer—Rights Permanently (11) Sewer—Studies Permanently (12) Sewers—Available Permanently (13) Sewers—Connected Permanently (14) Subdivision invoice records Permanently (15) Wastewater control system files (law department) Permanently (Code 1962, § 2-2113) _____ ===== Sec. 2-776. - Established. There is hereby created and established a committee to be legally known as the "City of Knoxville Public Property Naming Committee," referred to in this chapter as "committee," which has previously existed on an ad hoc basis. The terms and membership of the ad hoc committee in place as of the date of the adoption of this division shall not be affected by this division and shall continue to the planned expiration of their terms. Likewise, this division does not affect the prior actions of said ad hoc committee. (Ord. No. O-214-2014, § 1, 11-25-14) ===== Sec. 2-777. - Purpose. The purpose of the committee is to review and act upon requests to name or rename public buildings or property and to adopt honorary names for streets and public rights-of-way, to honor notable Knoxvillians who have contributed to our community's history and success in a significant way. Consideration should also be given to the historical, geographical and social/cultural context of the nomination. Public property should be named after its principal function, location, or historical reference; however, significant community events, organizations or well-known persons with important contributions to the community, state or nation may deserve public recognition, which may occur by way of naming public rights-of-way or properties. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-778. - Types of naming and renaming and criteria for consideration. (a) Type of naming and renaming. (1) Honorary name: An honorary name is an additional name assigned to a right-of-way or a street segment, which supplements but does not replace the official street name. The honorary name is displayed on a different color sign mounted directly below the official street sign. (2) Public property name: A request to provide an honorary name for a significant publicly-owned property including, but not limited to, buildings, parks and recreation facilities, public structures. (3) New or unnamed city property: Any request to name newly acquired, created or previously unnamed public property shall require written approval from the mayor and a council member before an application is made to the city recorder's office. Applications require: a. The precise location and description of the subject property; b. A thorough discussion regarding the history of the property or surrounding area, as may be applicable; c. The name, address and contact information of the requestor; and d. An endorsement by the current mayor or a current council member in which the property is located. (b) Exception—Naming and renaming of streets. The committee shall not be involved with the naming of newly created streets or re-naming of existing streets which are named in accordance with the City of Knoxville Uniform Street Naming and Addressing Ordinance and the Knoxville-Knox County Subdivision Regulations. In accordance with Knoxville-Knox County Planning Commission policies, honorary namings: (1) Shall be evaluated by the planning commission for uniqueness and appropriate naming convention. (2) Shall not contain current road type nomenclature (i.e. boulevard, street, way, etc.). (3) Shall not be an exact or phonetic duplication of an existing street or facility within the city or the county. (c) Criteria for consideration of naming requests. (1) Namings shall satisfy at least one of the following criteria: a. Honors and commemorates a noteworthy person associated with the city, the county, the state or the United States of America; b. Commemorates local history, places, events or culture; c. Will strengthen neighborhood identity; or d. Recognizes native wildlife or natural geographical features. (2) The following shall not be considered for purposes of naming or renaming: a. Persons that resided in the city for less than five years, other than prominent national figures; b. Individual family tributes, commercially concerned and corporate-related recognitions; c. Designations that cause discord within the community; d. Names assigned to existing public property within the city or the county where duplication of the name is likely to lead to confusion. (3) The committee shall consider: a. The number of residents and businesses directly affected; b. Community diversity; c. The historical significance of preexisting name or location; d. The appropriateness and compatibility of the request in relation to the existing area. Namings shall reflect the values and character of the community served by the facility; e. The impact on emergency service delivery. (4) Requests for namings in honor of a natural person should also consider the following: a. Absent extraordinary or extenuating circumstances, the proposed honoree shall be deceased. Approvals to honor a living individual require unanimous support from the public property naming committee, the mayor and city council; b. Whether the proposed namesake made a demonstrable and significant positive impact to local, state, or national affairs. Contributions will have been sustained over an appreciable time period and/or demonstrated leadership in governmental, cultural or historical affairs, humanitarian efforts, or community development; c. Contributions that beneficially changed the nature and characteristics of the community; and d. Achievement by a native Knoxvillian of national or international acclaim in a specific field of endeavor that has reflected positively on Knoxville. (5) ===== Sec. 2-779. - Members of the committee. (a) The committee consists of fifteen (15) persons, who are to be appointed as follows: (1) One (1) person nominated by the councilmember for each district; (2) One (1) person nominated by the mayor; (3) One (1) representative of council nominated by the vice-mayor who will serve as chairman for a term of two (2) years or until a successor is appointed. The council member selected chairman may serve up to two consecutive terms as chairman. The chairman may appoint such other officers as deemed appropriate; (4) One (1) member from the professional staff of Knoxville-Knox County Planning, as nominated by its executive director, who shall serve in a non-voting advisory capacity; (5) One (1) representative of the law department, as nominated by the law director, who shall serve in a non-voting advisory capacity; (6) One (1) representative of the engineering department, as nominated by the director, who shall serve in a non-voting advisory capacity. All members of the committee shall be nominated as stated above and shall be confirmed by a majority of the members of city council. The terms of these members will be four (4) years (except to fill vacancies), staggered as follows: Three (3) city council appointees per year: (Year 1: First District, Second District, At-Large Seat A); (Year 2: Third District, Fourth District, At-Large Seat B); (Year 3: Fifth District, Sixth District, At-Large Seat C); Mayor's office representative; Law department representative; Engineering department representative; Metropolitan planning commission representative. (b) No member shall serve more than two (2) consecutive terms. (c) Upon the recommendation of the majority of the committee, the chairman, with approval of the city council, may remove any member of the committee for official misconduct or neglect of duty. In addition, members who fail to attend three (3) consecutive regular meetings shall be considered to have vacated their positions and may be replaced, as provided for herein. (d) No member of the committee shall receive compensation for services performed. (e) No committee member or relative of a committee member may submit a renaming application for which the committee has approval authority or administrative responsibility. For the purposes of this section, "relative" means a person related to the committee member within the third degree of consanguinity or affinity, or a person living in the same household as the committee member. In addition to the requirements of Knoxville City Code § 1-7 , committee members must declare a conflict of interest if an application comes before the committee with which the member is involved. Committee members must also declare a conflict of interest if a relative, as defined above, or a person whom the member professionally represents has a matter before the committee. In such an event, the member must recuse himself or herself from approving said application. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-780. - Powers and duties of the committee. (a) The committee shall meet at a regularly scheduled date, at least two (2) times each year. A special-called meeting can be called by the committee chair or by seven (7) members of the committee with at least forty-eight (48) hours' notice. All meetings shall be open to the public. All meetings of the committee shall require a quorum of the voting membership in order to act. (b) The committee is authorized to develop and establish its own operating procedures, including identifying additional criteria for proposing and evaluating applications for namings, and to prescribe the necessary forms and fees to be charged for application. The committee's procedures shall be made available through the city council office, as well as posted on the city's website. (c) The committee is authorized to initiate public forums when appropriate for determining merits of an application. (d) The committee is authorized to periodically review and recommend changes to its own procedures and processes, and to adopt the same by majority vote. (e) If an application is approved by the committee, it is sent to the mayor for review. Within thirty (30) days of receipt, the mayor shall consider the approved application and may make any recommendation in writing for either approval, amendment or rejection. The proposal along with the mayor's written recommendation, if any, is thereafter placed on city council agenda for consideration. (f) Reassessment. Approved namings are bestowed with the intention that they will be permanent. However, the city and the committee will retain the right to reassess any naming in the future if facts, circumstances and/or conditions arise that make it prudent for the city, on behalf of the public interest, to amend, alter or remove the name of a street or public property. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== ARTICLE VII. - CITY PROPERTY Footnotes: --- ( 15 ) --- Cross reference— Aircraft and airports, Ch. 3; buildings and building regulations, Ch. 6. ===== Sec. 2-706. - Management of public property within the Central Business Improvement District. (a) Where the city owns real or personal property within the Central Business Improvement District (CBID), which is managed by or to be managed by the public building authority of the county and the city (PBA) pursuant to an operating contract with the city, such property may be leased to PBA, for further sublease by PBA. (b) The lease between the city and PBA may be for a particular property or may consist of a master lease for multiple properties identified therein. With the approval of council, properties within the CBID may from time to time be added to or deleted from the master lease agreement. Properties which are under lease by the city to third-parties may be included within the master lease, upon approval of council and written assignment by the city to PBA. (c) The terms or parameters upon which any particular property is to be subleased by PBA shall be subject to the written approval of the finance director. Any sublease with a term in excess of five (5) years and any lease requiring the expenditure of unbudgeted funds by the city shall require the approval of council. Notwithstanding any other provision of this Code, PBA is authorized to sublease such property by noncompetitive negotiations, by competitive bid, or by such other method as PBA deems appropriate for the particular property. (Ord. No. O-247-02, § 1, 6-25-02) ===== Sec. 2-721. - Surplus property generally. (a) Whenever the director or other chief administrative officer of any department or agency of the city determines that real or personal property of the city in the custody of or used by such department or agency is no longer needed or suited for its purposes, the director of the department, the chief administrative officer of the agency or the mayor or his designated representative shall declare such real or personal property surplus and shall transfer it to the custody of the purchasing agent, but the insurance, maintenance and repairs to the property shall continue to be paid out of the budget appropriation of the transferring department or agency until the end of the fiscal year in which the transfer took place, or until the appropriation for such purposes has been transferred to the department of finance or other transferee department in the manner provided by the Charter. (b) The purchasing agent shall make all surplus real and personal property available to all departments or agencies of the city, and shall effect the transfer of such property to the department or other agency requesting its use. (c) When surplus real or personal property, other than property acquired through bond funds or other special funds, is not required by a department or other agency of the city, the purchasing agent is authorized, with the approval of the mayor and council, to sell or lease such property. Before any such property is sold, a committee consisting of a representative from the departments of law, finance, and accountability, and the office of the mayor (economic development) shall evaluate the benefits to be derived by the city through a sale, lease, lease with option to purchase or other financial arrangement, and the purchasing agent shall advertise the property, as provided in this division, offering those options or alternatives which appear to be in the best interest of the city. The proceeds from the sale of real property shall be deposited in a special fund to be appropriated and expended in accordance with programs and budgets submitted to and approved by the council. The proceeds from the sale of the personal property shall be deposited in the general fund. (d) The city is authorized to sell, lease or transfer real and personal property of the city which is declared to be surplus, excess or unused in accordance with the rules and procedures set out in sections 2-722 and 2-723 . (e) Notwithstanding the provisions of subsections (a) through (g) of this section or the provisions of section 2-722 , upon recommendation of the finance director, the city is authorized to lease or sell, by noncompetitive negotiation, surplus real property located within the geographic boundary of a redevelopment or urban renewal project designated as such by council pursuant to state law. Such lease or sale shall be subject to approval by council, and at least fifteen (15) days' notice of the time and place for council's consideration of such proposed lease or sale shall first have been published once in a daily newspaper of general circulation in the city. An appraisal of the property shall also be obtained prior to council's consideration of any such lease or sale. (f) The purchasing agent may enter into an agreement to loan surplus property of historic or archival significance to a museum operated by a nonprofit corporation and dedicated in whole or in part to the history of the city or any of its departments. Said property shall be leased or loaned for the purpose of display or exhibition of such property to the public within the city. Said nonprofit corporation shall be responsible for the safekeeping of the property. If deemed necessary by the city's risk coordinator, said nonprofit corporation shall be responsible for providing insurance coverage on the property in such amount as determined to be necessary by the city's risk coordinator. (g) Where real property acquired from revenues of the electric, gas, water, or wastewater divisions of t ===== Sec. 2-722. - Disposal of real property. The procedure for the disposal or sale of real property, after the declaration of it being surplus by the director of a department or head of an agency and the determination by the purchasing agent that the property is not needed by any other department or agency of the city, shall be as follows: (1) The purchasing agent shall have the property in question appraised by one (1) or more qualified real estate appraisers if the purchasing agent estimates the property to be valued at ten thousand dollars ($10,000.00) or greater. (2) The purchasing agent shall advertise the property and receive sealed bids or proposals thereon, or shall offer the property for sale at public auction. If sealed bids or proposals are taken, the bids received, together with the report of the appraiser if required by subsection (1), shall be reported to council, or if the property is offered for sale at public auction the highest bid, the number of bidders, the report of the appraiser and such other information as may be pertinent shall be reported to council. If council finds the highest bid received to be fair and adequate and in the best interests of the city the council shall approve the sale and authorize the mayor to execute a deed of conveyance upon the successful bidder complying with the bid made. (3) If the council finds the real property is of no value, the council may authorize the disposal of the real property without the necessity of payment to the city, except as otherwise provided in this section. (4) The purchaser or grantee of property disposed of or conveyed by the city shall bear the expenses of the transfer, including the appraisals and costs of sale, except in cases where the property has no value and the transfer is initiated by the city. (5) All real property offered for sale or lease by the city, except property sold or leased to the federal, state or county governments or an agency of city government, shall be advertised in a daily newspaper at least once and by posting a sign not less than eighteen (18) inches by twenty-four (24) inches in size on the property which is conspicuously located and visible from adjacent streets or roads. The sign shall give notice that the property is being offered for sale or lease and designate the office or agency to be contacted for information relative to the bidding procedure, date of sale and other pertinent information. The sign must be posted by the office or agency responsible for the sale or lease at least fourteen (14) days prior to the date bids are to be opened or the transaction consummated, whichever first occurs. Notice of sale shall be posted on the city's website fourteen (14) days prior to sale. (6) For any realty previously offered for sale by either sealed bid, sealed proposal, or by auction where no responsible responsive bid is received, the city purchasing agent may offer the property for sale through noncompetitive negotiation or through the use of a professional realty sale company. Any sale under such terms shall be subject to approval by the council. (7) Subsections (1) through (7) shall not apply to real property acquired by the city through delinquent tax sales. Instead, city council may, upon a majority vote, determine that it is impracticable to sell such property for the full amount of the taxes, penalty, cost and interest. If city council makes this determination, city council may authorize the sale of the real property either by public absolute auction to the highest bidder or by any other procedure authorized by the City Code, and that any funds recovered by said sale be divided between the city and the county on a pro rata basis and that any remaining unpaid taxes, penalties, costs and interest owed to the city be waived pursuant to T.C.A. § 67-5-2508(d). (Code 1962, § 2-1901; Ord. No. O-64-92, § 1, 3-17-92; Ord. No. O-10-04, §§ 5—8, 2-3-04; Ord. No. O-45-2012, § 1, 4-3-12; Ord. No. O-56-2016, § 1, 4-26-16; Ord. No. O-37-2017, §§ 1—4, 3-14-17) ===== Sec. 2-723. - Disposal of personal property. The procedure for the sale or disposal of personal property, after the declaration of it being surplus by the director of a department or head of an agency and the determination by the purchasing agent that the property is not needed by any other department or agency of the city, shall be as follows: (1) The purchasing agent shall determine the fair value of the personal property in question through appraisals or in the manner established by regulations of the purchasing agent and approved by the director of finance. (2) All personal property owned by the city having a value of five hundred dollars ($500.00) or more shall be sold on a competitive basis by competitive sealed bids, at public auction, or by Internet auction by the purchasing agent. (3) All personal property owned by the city having a value of less than five hundred dollars ($500.00) shall be sold or disposed of by the purchasing agent in such manner as may be approved by the director of finance; provided, however, if the value of surplus personal property has an aggregate value of five hundred dollars ($500.00) or more, it shall be sold on a competitive basis. (4) Nothing contained in subsection (1) or (2) of this section shall prevent the purchasing agent from using such surplus personal property as a trade-in for the purchase of new equipment. (5) All personal property seized, confiscated or abandoned in the possession of the city may, after having been held for a period of not less than ninety (90) days, be sold at public auction, by Internet auction, or by competitive sealed bids after having been advertised in a daily paper of general circulation in the city, and after diligent inquiry and investigation having been made to ascertain the owner of the property; provided, however, this section shall not apply to property seized or confiscated in enforcement of any tax lien. (Code 1962, § 2-1902; Ord. No. O-248-06, § 1, 12-5-06) Charter reference— Provisions as to purchasing agent, § 903(A). ===== Sec. 2-724. - Award of items to certain retiring police officers and firefighters. Notwithstanding any other provision of this division: (1) The chief of police shall be authorized, but not required, to award any sworn officer separating from employment with the city in good standing having a minimum of ten years of service with the city police department that officer's service weapon and/or badge, or an equivalent item, or any other de minimis item as a memento of the officer's service. The decision to award any such item shall be in the sole discretion of the chief of police. An officer receiving any such item shall acknowledge receipt and ownership of the item or items in writing, and shall release the city from any liability from use or ownership of the item or items. The chief of police shall report the award of such items to the purchasing agent, and shall retain a record of any such items awarded to retiring officers. (2) The chief of the fire department shall be authorized, but not required, to award any firefighter separating from employment with the city in good standing having a minimum of ten (10) years of service with the city fire department that firefighter's badge, turn-out gear and/or their city-issued service weapon (if applicable) or an equivalent item, or any other de minimis item as a memento of the firefighter's service. The decision to award any such item shall be in the sole discretion of the chief of the fire department. All firefighters receiving such items shall acknowledge receipt and ownership of the item or items in writing, and shall release the city from any liability from the use or ownership of the item or items. The chief of the fire department shall report the award of such items to the purchasing agent, and shall retain a record of any such items awarded to retiring firefighters. (3) Any award made prior to December 1, 2005 of a single service weapon and/or badge to a sworn officer or firefighter over age fifty (50) retiring after twenty-five (25) years of service with the city police department or the city fire department shall be deemed as a lawful transfer of that item to the retiring employee, which shall vest ownership of the item with that retiring employee. The chief of police and the chief of the fire department shall forward a record of such items previously awarded to the purchasing agent, and shall retain a record of any such items previously awarded. (4) The award of any service weapon, badge or other de minimus item shall not confer upon the recipient any police powers or other authority. (Ord. No. O-269-05, § 1, 11-22-05; Ord. No. O-130-2022 , § 1, 10-18-22) ===== DIVISION 3. - RELOCATION POLICY Footnotes: --- ( 16 ) --- Editor's note— Ord. No. O-106-07, § 1, adopted May 22, 2007, amended the Code by repealing former div. 3, §§ 2-741—2-745, and added a new div. 3. Former div. 3 pertained to similar subject matter, and derived from the Code of 1962, §§ 2-2000—2-2010. State Law reference— Uniform relocation assistance, T.C.A. § 13-11-101 et seq. ===== Sec. 2-741. - Relocation assistance and real property acquisition policy. The department of finance and accountability is authorized to adopt a relocation assistance and real property acquisition policy for persons and entities displaced as a result of a city-funded project. (Ord. No. O-106-07, § 1, 5-22-07) ===== Sec. 2-761. - Generally. There is hereby established for the municipal government of the city a records retention schedule, comprised of procedures and minimum time limits, as fully set out in this division. (Code 1962, § 2-2100) ===== Sec. 2-762. - Public records and public documents defined. Public records and public documents within the city shall be construed to mean all documents, papers, records, books of account, minutes, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by the council of the city or by any office, agency or department of the city. (Code 1962, § 2-2104) ===== Sec. 2-763. - Records retention officer. There is hereby established the position of records retention officer of the city, who will be responsible for the administration of the provisions and procedures established pursuant to this division. The duties and responsibilities of the records retention officer shall be assigned to and performed by the records management manager of the city. (Code 1962, § 2-2102) ===== Sec. 2-764. - Records storage; disposal procedure. (a) This division contains a schedule of records maintained by various departments with retention requirements applicable to each. Records may be destroyed after the particular retention period, provided that the procedures mandated by T.C.A. § 10-7-101 et seq. are complied with completely. The records may be retained for longer periods when it would be advisable or otherwise helpful to do so. (b) Prior to expiration of the retention period, all except current records may be stored in available storage space in storage files, cartons, or boxes. The storage containers or files shall be labeled with labels showing: (1) An itemized list of contents. (2) Serial numbers or inclusive dates of the documents filed. (3) The date filed. (4) A notation showing the date when the contents may be destroyed, similar to the following: "May be Destroyed After 7/1/80." (c) After the retention period has expired, the records are to be disposed of as directed by the mayor or the city attorney, with the concurrence of the records retention officer. The records for disposal are to be listed on a certificate of records disposal, the certificate to be established by the records retention officer of the city. The person or department performing the disposal shall be accompanied by a witness designated by the records retention officer, and the signatures of both shall be affixed to all copies of the certificate of records disposal. The original of the completed certificate of records disposal is to be filed in the office of the city recorder. One (1) carbon copy shall be retained and filed in the appropriate department and the other in the records management section. (d) Should any procedure established by this division be found in conflict with a statute or regulation of the state or the federal government, the statute or regulation of the state or federal government shall take precedence over the conflicting provision in this division. (e) Should any of the minimum time limits established in this division be found in conflict with the limitations established by statute, regulation, or case law of the state or the federal government, the statute, regulation or court decision shall take precedence over the provisions of this division; provided that, if the provision of this division provides for a longer minimum retention period, such provision shall be followed exclusively. (Code 1962, § 2-2101) ===== Sec. 2-765. - Required approvals preceding destruction of records. Before any record or document shall be deemed appropriate for disposal, it shall be the duty of the records retention officer, in addition to all other responsibilities of that officer, to obtain on the certificate of records disposal the signatures of the mayor, the city attorney and the department head affected. (Code 1962, § 2-2103) ===== Sec. 2-766. - Retention schedule—Administrative records. The following administrative records of the city shall be retained as indicated: Title or Description Retained as Indicated (1) General records: a. Agendas of public meetings Permanently b. Airport files Permanently c. Bond files and registers Permanently d. Bonds—Coupons paid Per agreement with paying agent e. Bonds—Issued Per agreement with paying agent f. City-county building Permanently g. Community development files Permanently h. Complaints about or requests for municipal services Until action completed i. Correspondence—Accounting 5 years j. Correspondence—Engineering and technical 10 years k. Correspondence—Executive Permanently l. Correspondence—General 5 years m. Correspondence—Personal 6 years n. Correspondence—Purchase 5 years o. Correspondence—Tax Permanently p. Correspondence—Traffic 5 years q. Grants, federal—Applications and approvals Permanently r. Grants, federal—Project files Permanently s. Minutes of council meetings, board meetings, committee meetings, etc. Permanently t. Ordinances and resolutions Permanently u. Projects, nonfederal Permanently v. School files Permanently w. Minutes of any office, agency or department of the city relative to information gathered in the process of internal evaluation, program analysis or career development planning 5 years (2) Insurance policies and records: a. Insurance policies: Accidents 8 years after expiration Automobile 8 years after expiration Burglary, robbery and theft 1 year after expiration Fidelity 8 years after expiration Surety 10 years after expiration Fire 7 years after expiration Liability 8 years after expiration Life 8 years after expiration Workmen's compensation Permanently Group policies Permanently b. Insurance rating reports 1 copy permanently (3) Legal records: a. City court appeal files Permanently b. Claims files Permanently c. Contracts Seven (7) years after termination of contract, unless a longer retention period is designated by the law director d. Deeds Permanently e. Easements Permanently f. Leases Permanently g. Legal opinions Permanently h. Retired suits Permanently i. Solicitation files Three (3) years following expiration of the permit j. Suit files Permanently k. Workmen's compensation files Permanently (4) Pension records: a. Active pension records Permanently b. Actuarial evaluations Permanently c. Computer printouts Until superseded d. Option estimates Permanently e. Portfolio summaries Permanently f. Resigned employee pension records Permanently g. Retired employee pension records Permanently (Code 1962, § 2-2105; Ord. No. O-137-2016, § 1, 8-30-16; Ord. No. O-15-2017, § 1, 2-28-17) ===== Sec. 2-767. - Same—Building and construction records. The following building and construction records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Addition and remodeling permits Permanently (2) Applications for building permits Permanently (3) Building permits Permanently (4) Complaints 2 years (5) Contractors' files Permanently (6) Electrical permits Permanently (7) FHA permits Permanently (8) Final inspections 2 years after the inspection (9) Homeowners' affidavits Permanently (10) New building permits Permanently (11) Permit books Permanently (12) Plat plans, parking Permanently (13) Plumbing permits without building permits Permanently (14) Street cut inspections 10 years after the inspection (15) Water heater permits Permanently (16) Traffic control plans 10 years (17) Permits, floodplain development Permanently (18) Permits, grading Permanently (19) Work orders, traffic control 10 years (20) Ward maps, kept by engineering department Permanently (21) Subdivision maps, kept by engineering department Permanently (22) Easement maps, kept by engineering department Permanently (23) Bonds for general contractors, electrical contractors, gas contractors, and mechanical contractors 5 years after the expiration of the underlying license (Code 1962, § 2-2106; Ord. No. O-137-2024 , § 1, 11-26-24) ===== Sec. 2-768. - Same—Certificates, licenses and permits, miscellaneous. The following miscellaneous certificates, licenses and permits issued by the city shall be retained as indicated: Title or Description Retain as Indicated (1) Alcoholic beverages—Good moral character 5 years (2) Alcoholic beverages—Sales reports, retail and wholesale 10 years (3) Examination—Applications for electrical Permanently (4) Examination—Applications for plumbing Permanently (5) Examination—Record of passed or failed on plumbing Permanently (6) Certificates—Journeyman plumbers Permanently (7) Certificates—Master plumbers Permanently (8) Certificates—Residential plumbers Permanently (9) Permits—Beer 10 years (10) Permits—Blasting Permanently (11) Permits—Service station Permanently (Code 1962, § 2-2107) ===== Sec. 2-769. - Same—Financial records. The following financial records of the city shall be retained as indicated: (1) Accounting records: a. Accounts, commercial refuse 10 years b. Accounts payable Permanently c. Accounts receivable 10 years d. Cash reports: 1. Treasurer's office 10 years 2. Initiating office 2 years after year of issue e. Debt service Permanently f. Gasoline reports 5 years g. Invoices 7 years h. Ledger, general 10 years i. Receipt books 10 years j. Receipts, commercial refuse, paid 10 years k. Receipts, paid landfill 10 years l. Transfer station weight bills 10 years m. Vouchers, accounting department's copy 10 years n. Vouchers, treasurer's copy 10 years (2) Banking records: a. Bank reconciliations 6 years b. Bank statements 6 years c. Checks issued and paid, payroll 6 years d. Checks issued and paid, vouchers 6 years e. Check registers, payroll 10 years f. Check registers, vouchers 10 years g. Deposit tickets 6 years (3) Budgetary records: a. Audit reports 1 copy permanently b. Annual reports Permanently c. Budget information and files 2 years d. Budgets 1 copy permanently (4) Payroll records: a. Attendance records 7 years b. Garnishments 5 years after satisfaction or termination of employee c. Payroll history, journal and years' end file Permanently d. Payroll recaps Permanently e. Social security reports Permanently f. Voluntary payroll deductions 10 years g. W-2's 10 years h. Group time reporting sheets 7 years (5) Purchasing records: a. Bid reports 10 years b. Purchase orders 10 years c. Requisitions 10 years d. Work orders 5 years (6) Tax records: a. Admission tax returns 6 years b. Business tax applications 10 years c. Business tax gross receipt returns 6 years d. OTA's Permanently e. Tax receipts, paid 10 years f. Tax receipts, unpaid 10 years g. Tax rolls, personalty Permanently h. Tax rolls, public utility Permanently i. Tax rolls, realty Permanently (Code 1962, § 2-2108; Ord. No. O-466-00, § 1, 10-17-00) ===== Sec. 2-770. - Same—Housing and neighborhood development records. The following housing and neighborhood development records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Out of system files; application and related information for cases that never proceed to rehab 3 years (2) Subrecipient case files; cases where CAC or KOIC performed minor home repairs 3 years after contract completion (3) Subrecipient contract files Permanently (4) Unacceptable rehab bid proposals 3 years (5) Tenant files 3 years after project rehab (6) Loan/construction files Permanently (7) Temporary relocation files 3 years after move date (8) Acquisition files Permanently (9) Permanent relocation files Permanently (Code 1962, § 2-2114; Ord. No. O-107-2022 , §§ 5, 6, 8-23-22) ===== Sec. 2-771. - Same—Law enforcement records. The following law enforcement records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Fire department records: a. Arson investigation reports (casefiles, reports, photographs, etc.) 30 years or until the convicted perpetrator is released from prison, whichever is longer b. Blood borne pathogens/infectious material standard: i. Written exposure plan Maintain current version continuously, discard older versions ii. Employee exposure records Duration of employment plus 30 years c. Employee training records Duration of employment plus 3 years d. Employee medical records Duration of employment plus 30 years e. Firefighter annual certification of fitness to perform job functions 3 years f. Firefighter annual facemask fit test records 3 years g. Time reporting sheets 7 years h. Safety data sheets for chemicals on premises (formerly MSDS) Maintain current version i. Chemical used records 30 years j. Fire incident reports 10 years k. Fire inspection records and similar reports At minimum, keep all reports for a period of 3 years. Additionally, retain current inspection report until a new inspection report is created for the location. l. Vehicle and equipment maintenance records Retain 5 years or life of equipment, whichever is longer. m. Medical records of patients in EMS run records 20 years n. Permits—Blasting 3 years o. Permits—Pyrotechnics and invoices 3 years p. Permits—Storage tanks Duration of tank plus 20 years q. Receipt books 10 years (2) Municipal court: a. Abstract file Permanently b. Arrest warrants 20 years c. Booking warrants 20 years d. Docket books Permanently e. Failure citations 20 years f. Search warrants 10 years g. Traffic school cards 5 years (3) Police department: a. Abandoned, lost, misplaced property 6 months b. Animal control files 14 months c. Beer board minutes Permanently d. Beer license applications As long as business has license e. Beer license—Inspections report 10 years f. Beer license—Receipt book Permanently g. City booking warrants 20 years h. Complaint cards 14 months i. Confiscated property 3 years, or after verification with court of termination of case j. Crime reports/case files (officer, detective) 20 years k. Crime statistics Permanently l. Criminal history files Destroy upon verification of death or 100 years after birth m. DWI reports 3 years, or after verification with court of termination of case n. Fingerprint files Destroy upon verification of death or 100 years after birth o. General orders One permanent copy p. Gun applications If criminal record, retain copy with criminal history file; otherwise, retain for one year. q. Jail docket book Permanently r. Juvenile records 7 years after 18 years of age s. Narcotic files 20 years t. Pawn, coin, antique, secondhand business file, etc. 3 years u. Release of liability 1 year after running of statute of limitations v. Taxicab files 10 years w. Traffic accident reports 5 years x. Traffic citations 20 years y. Vehicle pull-in records 3 years z. Tapes generated by in-car recording equipment 13 months, or after verification by the court, district attorney or law department that any case involving the tape has been terminated (Code 1962, § 2-2109; Ord. No. O-2-01, § 1, 1-9-01; Ord. No. O-44-2024 , § 1, 4-2-24) ===== Sec. 2-772. - Same—Miscellaneous records. The following miscellaneous records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Capital improvement records Permanently (2) CETA books/manuals Until superseded (3) City hall history Permanently (4) Commercial refuse computer printouts 10 years (5) Federal registers Until superseded (6) Landfill—Commercial file 10 years (7) Landfill—General file 10 years (8) Major street widening and expressway files Permanently (9) Office of the handicapped and elderly client records Permanently (10) Solid waste records Permanently (11) State street reports Permanently (Code 1962, § 2-2110) ===== Sec. 2-773. - Same—Personnel records. The following personnel records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Attendance records 7 years (2) Computer maintenance input Permanently (3) Current employee files 10 years after termination (4) Daily line-up sheets 7 years (5) Daily time sheets 7 years (6) Employee requisition logs 10 years (7) Exit interviews 10 years after termination (8) Fatality files Permanently (9) Garnishments 5 years after satisfaction or termination of employee (10) Inactive applications 5 years (11) Individual training files 10 years after termination (12) Leave records 7 years after termination (13) Medical records 10 years after termination (14) OSHA—Accident reports Permanently (15) OSHA—Inspection reports Permanently (16) OSHA—Investigation reports Permanently (17) Personal injuries Permanently (18) Personnel evaluations 10 years after termination (19) Position control records Permanently (20) Recruitment records 5 years (21) Salary survey 10 years (22) Temporary and parttime employee files 10 years after termination (23) Terminated employee files 10 years after termination (24) Training literature Permanently (25) Training school records 10 years after termination (26) Transfers 10 years after termination (27) Unemployment records 10 years after termination (Code 1962, § 2-2111) ===== Sec. 2-774. - Same—Physical plant and equipment. The following physical plant and equipment records of the city shall be retained as indicated: (1) Equipment records: a. Equipment and spare parts records 5 years b. Equipment master file Permanently c. Fixed asset records Permanently d. Inventory records Permanently e. Vehicle specifications Permanently (2) Inspections records: a. Brush reports 5 years b. Business inspections Permanently c. City school inspections Permanently d. Construction inspections 2 years e. Street cut inspections 2 years (3) Maintenance records: a. Equipment service records 5 years b. Maintenance department records 10 years c. Shop time recovery sheets 1 year d. Work orders 5 years (Code 1962, § 2-2112) ===== Sec. 2-775. - Same—Utility system records. The following utility (wastewater control system) records of the city shall be retained as indicated: Title or Description Retain as Indicated (1) Engineering consultant files Permanently (2) Maps Permanently (3) Maps, original design for sewer and pumping stations Permanently (4) Rainfall and special project data Permanently (5) Recorder tapes of pumping station instruments Permanently (6) Sewage site maps Permanently (7) Sewer—Charge exemptions Permanently (8) Sewer—Connections Permanently (9) Sewer—Fee schedule Until superseded (10) Sewer—Rights Permanently (11) Sewer—Studies Permanently (12) Sewers—Available Permanently (13) Sewers—Connected Permanently (14) Subdivision invoice records Permanently (15) Wastewater control system files (law department) Permanently (Code 1962, § 2-2113) _____ ===== Sec. 2-776. - Established. There is hereby created and established a committee to be legally known as the "City of Knoxville Public Property Naming Committee," referred to in this chapter as "committee," which has previously existed on an ad hoc basis. The terms and membership of the ad hoc committee in place as of the date of the adoption of this division shall not be affected by this division and shall continue to the planned expiration of their terms. Likewise, this division does not affect the prior actions of said ad hoc committee. (Ord. No. O-214-2014, § 1, 11-25-14) ===== Sec. 2-777. - Purpose. The purpose of the committee is to review and act upon requests to name or rename public buildings or property and to adopt honorary names for streets and public rights-of-way, to honor notable Knoxvillians who have contributed to our community's history and success in a significant way. Consideration should also be given to the historical, geographical and social/cultural context of the nomination. Public property should be named after its principal function, location, or historical reference; however, significant community events, organizations or well-known persons with important contributions to the community, state or nation may deserve public recognition, which may occur by way of naming public rights-of-way or properties. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-778. - Types of naming and renaming and criteria for consideration. (a) Type of naming and renaming. (1) Honorary name: An honorary name is an additional name assigned to a right-of-way or a street segment, which supplements but does not replace the official street name. The honorary name is displayed on a different color sign mounted directly below the official street sign. (2) Public property name: A request to provide an honorary name for a significant publicly-owned property including, but not limited to, buildings, parks and recreation facilities, public structures. (3) New or unnamed city property: Any request to name newly acquired, created or previously unnamed public property shall require written approval from the mayor and a council member before an application is made to the city recorder's office. Applications require: a. The precise location and description of the subject property; b. A thorough discussion regarding the history of the property or surrounding area, as may be applicable; c. The name, address and contact information of the requestor; and d. An endorsement by the current mayor or a current council member in which the property is located. (b) Exception—Naming and renaming of streets. The committee shall not be involved with the naming of newly created streets or re-naming of existing streets which are named in accordance with the City of Knoxville Uniform Street Naming and Addressing Ordinance and the Knoxville-Knox County Subdivision Regulations. In accordance with Knoxville-Knox County Planning Commission policies, honorary namings: (1) Shall be evaluated by the planning commission for uniqueness and appropriate naming convention. (2) Shall not contain current road type nomenclature (i.e. boulevard, street, way, etc.). (3) Shall not be an exact or phonetic duplication of an existing street or facility within the city or the county. (c) Criteria for consideration of naming requests. (1) Namings shall satisfy at least one of the following criteria: a. Honors and commemorates a noteworthy person associated with the city, the county, the state or the United States of America; b. Commemorates local history, places, events or culture; c. Will strengthen neighborhood identity; or d. Recognizes native wildlife or natural geographical features. (2) The following shall not be considered for purposes of naming or renaming: a. Persons that resided in the city for less than five years, other than prominent national figures; b. Individual family tributes, commercially concerned and corporate-related recognitions; c. Designations that cause discord within the community; d. Names assigned to existing public property within the city or the county where duplication of the name is likely to lead to confusion. (3) The committee shall consider: a. The number of residents and businesses directly affected; b. Community diversity; c. The historical significance of preexisting name or location; d. The appropriateness and compatibility of the request in relation to the existing area. Namings shall reflect the values and character of the community served by the facility; e. The impact on emergency service delivery. (4) Requests for namings in honor of a natural person should also consider the following: a. Absent extraordinary or extenuating circumstances, the proposed honoree shall be deceased. Approvals to honor a living individual require unanimous support from the public property naming committee, the mayor and city council; b. Whether the proposed namesake made a demonstrable and significant positive impact to local, state, or national affairs. Contributions will have been sustained over an appreciable time period and/or demonstrated leadership in governmental, cultural or historical affairs, humanitarian efforts, or community development; c. Contributions that beneficially changed the nature and characteristics of the community; and d. Achievement by a native Knoxvillian of national or international acclaim in a specific field of endeavor that has reflected positively on Knoxville. (5) ===== Sec. 2-779. - Members of the committee. (a) The committee consists of fifteen (15) persons, who are to be appointed as follows: (1) One (1) person nominated by the councilmember for each district; (2) One (1) person nominated by the mayor; (3) One (1) representative of council nominated by the vice-mayor who will serve as chairman for a term of two (2) years or until a successor is appointed. The council member selected chairman may serve up to two consecutive terms as chairman. The chairman may appoint such other officers as deemed appropriate; (4) One (1) member from the professional staff of Knoxville-Knox County Planning, as nominated by its executive director, who shall serve in a non-voting advisory capacity; (5) One (1) representative of the law department, as nominated by the law director, who shall serve in a non-voting advisory capacity; (6) One (1) representative of the engineering department, as nominated by the director, who shall serve in a non-voting advisory capacity. All members of the committee shall be nominated as stated above and shall be confirmed by a majority of the members of city council. The terms of these members will be four (4) years (except to fill vacancies), staggered as follows: Three (3) city council appointees per year: (Year 1: First District, Second District, At-Large Seat A); (Year 2: Third District, Fourth District, At-Large Seat B); (Year 3: Fifth District, Sixth District, At-Large Seat C); Mayor's office representative; Law department representative; Engineering department representative; Metropolitan planning commission representative. (b) No member shall serve more than two (2) consecutive terms. (c) Upon the recommendation of the majority of the committee, the chairman, with approval of the city council, may remove any member of the committee for official misconduct or neglect of duty. In addition, members who fail to attend three (3) consecutive regular meetings shall be considered to have vacated their positions and may be replaced, as provided for herein. (d) No member of the committee shall receive compensation for services performed. (e) No committee member or relative of a committee member may submit a renaming application for which the committee has approval authority or administrative responsibility. For the purposes of this section, "relative" means a person related to the committee member within the third degree of consanguinity or affinity, or a person living in the same household as the committee member. In addition to the requirements of Knoxville City Code § 1-7 , committee members must declare a conflict of interest if an application comes before the committee with which the member is involved. Committee members must also declare a conflict of interest if a relative, as defined above, or a person whom the member professionally represents has a matter before the committee. In such an event, the member must recuse himself or herself from approving said application. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-780. - Powers and duties of the committee. (a) The committee shall meet at a regularly scheduled date, at least two (2) times each year. A special-called meeting can be called by the committee chair or by seven (7) members of the committee with at least forty-eight (48) hours' notice. All meetings shall be open to the public. All meetings of the committee shall require a quorum of the voting membership in order to act. (b) The committee is authorized to develop and establish its own operating procedures, including identifying additional criteria for proposing and evaluating applications for namings, and to prescribe the necessary forms and fees to be charged for application. The committee's procedures shall be made available through the city council office, as well as posted on the city's website. (c) The committee is authorized to initiate public forums when appropriate for determining merits of an application. (d) The committee is authorized to periodically review and recommend changes to its own procedures and processes, and to adopt the same by majority vote. (e) If an application is approved by the committee, it is sent to the mayor for review. Within thirty (30) days of receipt, the mayor shall consider the approved application and may make any recommendation in writing for either approval, amendment or rejection. The proposal along with the mayor's written recommendation, if any, is thereafter placed on city council agenda for consideration. (f) Reassessment. Approved namings are bestowed with the intention that they will be permanent. However, the city and the committee will retain the right to reassess any naming in the future if facts, circumstances and/or conditions arise that make it prudent for the city, on behalf of the public interest, to amend, alter or remove the name of a street or public property. (Ord. No. O-214-2014, § 1, 11-25-14; Ord. No. O-107-2020 , § 1, 6-30-20) ===== Sec. 2-801. - Title of article. This article shall be known and may be cited as the Procurement Code of the City of Knoxville. (Code 1962, § 29-101) ===== Sec. 2-802. - Interpretation of article; purpose. (a) This article shall be liberally construed and applied to promote its underlying purposes and policies. (b) Underlying purposes and policies of this article are to: (1) Simplify, clarify and modernize the law governing purchasing by the city. (2) Permit the continued development of purchasing policies and practices. (3) Make as uniform as possible the procedures on purchasing among the various departments and agencies of the city. (4) Provide for increased public confidence in procedures followed in public purchasing. (5) Secure the advantages of a centralized procurement process. (6) Promote fair and equitable treatment to all suppliers or prospective suppliers of goods and services. (7) Promote effective competition among prospective suppliers of goods and services. (Code 1962, § 29-102(a), (b)) ===== Sec. 2-803. - Definitions. As used in this article, the words and terms defined in this section shall have the following meanings, unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular section or portion thereof. Architect-engineer services means those professional services within the scope of practice of architecture, professional engineering or registered land surveying pertaining to construction, as defined by the laws of the state. Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any legal entity through which business is conducted. Confidential information means any information which is available to a person only because of the person's status as an employee of the city, and which is not a matter of public knowledge or available to the public on request. Conspicuously means written in such special or distinctive format, print or manner that a reasonable person against whom it is to operate ought to have noticed it. Construction means the building, erection, alteration, demolition or repair, including but not limited to dredging, excavating and painting of public buildings, structures and highways, and other improvements or additions to real property. It does not include routine maintenance, operation or repair of existing facilities. Contract means all types of agreements, grants and orders for the procurement or disposal of supplies, services, construction, insurance or any other item. It includes awards and notices of awards, contracts of a fixed price, cost, cost-plus-fixed-fee, or incentive types, contracts providing for the issuance of job orders, task orders or task letters thereunder, letter contracts, purchase orders and leases. It also includes supplemental agreements with respect to any of the foregoing. Contract modification means any written alteration in the specification, delivery point, rate of delivery, contract period, price, quantity or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It includes: (1) Bilateral actions such as supplemental agreements; and (2) Unilateral actions such as change orders, orders for provisioned items, administrative changes, notices of termination, and notices of the exercise of a contract option. Contractor means any person having a contract with the city. Cooperative procurement means purchasing conducted by or on behalf of more than one (1) public purchasing unit, or by a public purchasing unit with a foreign purchasing activity. Data means recorded information, regardless of form or characteristic. Debarment means the disqualification of a person to receive invitations for bids or requests for proposals or the award of a contract by the city for a specified period of time. Department means any agency which is authorized or created by the Charter of the city or ordinance made pursuant thereto, or any division thereof. Department head means the director or chief administrative officer of a department. Designee means a duly authorized representative of a superior person. Employee means any person drawing a salary from the city, whether elected or not, and any nonsalaried person performing services for the city. This term does not include employees of contractors, who are not otherwise employed by the city. Established catalogue price means a price included in the most current catalogue, price list, schedule or other form that: (1) Is regularly maintained by the manufacturer or vendor of an item; (2) Is either published or otherwise available for inspection by customers; and (3) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item. Evaluated bid price means the dollar amount of a bid after bid adjustments are made pursuant to ===== Sec. 2-804. - Supplementary principles of law. Unless displaced by the particular provisions of this article, the principles of law and equity, including the Uniform Commercial Code, the law merchant and the law relative to capacity to contract, principal and agent, fraud, misrepresentation, duress, coercion, mistake or bankruptcy shall supplement its provisions. (Code 1962, § 29-103) ===== Sec. 2-805. - Obligation of good faith. Every contract or duty within this article imposes an obligation of good faith in its performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned, and the observance of reasonable commercial standards of fair dealing. (Code 1962, § 29-104) ===== Sec. 2-806. - Applicability of article; contracts requiring council approval. (a) This article shall apply to every expenditure of public monies by the city under any contract or like business agreement excepting only that this article shall not apply to contracts, grants or like business agreements between federal, state or local jurisdictions and the city, except as provided in division 9 of this article, Intergovernmental Relations. (b) Council approval of contracts and like business agreements shall be required in the following instances: (1) The acceptance of grants from the United States of America or the state. (2) Proposed contracts involving projects or programs not previously approved by council. (3) Proposed contracts or agreements wherein funds have not been appropriated or which require new or additional appropriations for their funding. (4) Proposed contracts or agreements which result from a proposed award to an offeror other than the responsive, responsible bidder whose bid is determined to contain the lowest bid price or the lowest evaluated bid price. (c) With the exception of purchase orders processed through the purchasing department of the city, contracts respecting the procurement of architect - engineer services under section 2-921 and contracts for any temporary construction easement requiring an expenditure of twenty-five thousand dollars ($25,000.00) or less, all of which do not require specific or separate approval by city council, all contracts for the sale or lease of real or personal property, all franchises granted by the city and all contracts requiring an expenditure in excess of twenty-five thousand dollars ($25,000.00) shall require the approval of council after the bidding or negotiation process has been completed and prior to execution on behalf of the city. (Code 1962, § 29-105; Ord. No. O-105-2013, § 1, 6-11-13) ===== Sec. 2-807. - Construction against implicit repealer. This article is intended as uniform coverage of its subject matter, and no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction of the subsequent legislation can be reasonably avoided. (Code 1962, § 29-107) ===== Sec. 2-1141. - Short title. This article may be cited as the "greenways commission ordinance." (Ord. No. O-95-96, § 1, 3-26-96) ===== Sec. 2-1142. - Purpose and intent. The city council finds that greenways will improve the community by providing recreation facilities, providing access to recreational and other public facilities, improving the aesthetics of the community and conserving natural flora and fauna. (Ord. No. O-95-96, § 1, 3-26-96) ===== Sec. 2-1143. - Creation and duties of the greenways commission. (a) There is hereby created and established a greenways commission for the advisory purposes cited above. The commission shall consist of up to twenty (20) members, a majority of whom must be citizens and residents of the city. All members must reside within Knox County. All members are to be appointed by the mayor. It is intended that the commission be broadly representative of the community, and be composed of persons individually and/or professionally interested in establishing community greenways. It is also intended that the makeup of the commission be diverse based on gender, ethnic background, geography and other factors. Although not required, it is recommended that at least one (1) member or representative from the following organizations be on the commission: University of Tennessee; Tennessee Valley Authority; Knoxville Utilities Board; one (1) or more of the local bicycling clubs (e.g. Smoky Mountain Wheelmen); the Knoxville Track Club, the Knox Greenways Coalition; and one (1) or more local environmental, garden and/or civic groups. The director of parks and recreation, the director of public service and the director of engineering for the city, or their designees, shall be members of the commission. It is anticipated (but not required) that various designated staff representatives of the city, the metropolitan planning commission and other governmental entities will attend meetings of the commission and render information and advice to the commission members; however, they shall have no vote in the processes thereof unless they are otherwise members of the commission. All members of the greenways commission shall serve three-year terms with the exception of the initial members who shall serve staggered terms of three (3), two (2) and one (1) years, as designated by the mayor. Thereafter, all persons appointed to the commission pursuant to the nomination process as stated herein shall serve three-year terms or until their successors are duly nominated and approved. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made. Members may be reappointed for additional terms at the pleasure of the mayor. The members shall serve without pay. Members may be removed at the pleasure of the mayor. (b) The initial commission shall include the members of the former Knoxville Greenways and Community Trails Commission, which shall be dissolved upon creation of this commission. (c) The duties of the commission shall be advisory and shall be as follows: (1) To study the needs of the city and the desires of city residents as to greenways; (2) To promote, supplement, and augment the Knoxville Greenways and Community Trails Report adopted as a general guideline for future development by city council by Resolution No. 110, approved on February 18, 1992; (3) To advise and inform the properly constituted officials, as well as city council and the citizens of the city, regarding greenways now or hereafter established or planned within the city; (4) To make recommendations from time to time to the city council relative lo desirable legislation concerning the greenways program and related activities; (5) To investigate and recommend sources of funding and donations of land, property or services from the state, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain greenways within the city; (6) To conduct and hold regular and special meetings at which the subject of greenways, insofar as they relate to the city, may be discussed by members of the commission, officers and personnel of the city, invited guests and other persons interested in greenways; (7) To coordinate with other local organizations, including similar organizations created with regard to greenways in the county outside the city and in adjacent municipalities and counties; and (8) To otherwise promote the dev