Private Acts of 1986 Chapter 108

SECTION 1.  Chapter 145 of the Private Acts of 1955, and all acts amendatory thereto, are expressly repealed in their entirety.

SECTION 2.  The provisions of this Act shall not be construed or have the effect of removing or abolishing the powers and duties (sic) the incumbent highway commissioners prior to August 31, 1986.

SECTION 3.  The office of highway superintendent for Cumberland County is hereby created, who shall be elected by popular vote.  The highway superintendent shall be considered the chief administrative officer for purposes of the Tennessee County Uniform Road Law, Tennessee Code Annotated, Title 54, Chapter 7.  The election of such highway superintendent shall occur in the general election held in August, 1986, and in the general election every four (4) years thereafter.  The term of office for the highway superintendent shall be for four (4) years beginning on September 1 of the year of election.

SECTION 4.  The salary of such highway superintendent shall be set by the County Legislative Body in conformity with T.C.A. Section 54-7-106.

SECTION 5.  Upon the abolishment of the highway commission of Cumberland County the highway superintendent shall assume the duties and authority vested in the highway commission, so long as such is not vested in the County Legislative Body by general law.

SECTION 6.  Vacancies in the office of highway superintendent shall be filled in accordance with general law.

SECTION 7.  If any provision of this Act or application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect other provisions or applications of this Act, which can be given effect without the invalid provision or application, and to that end, the provisions of this Act are declared to be severable.

SECTION 8.  This Act shall have no effect unless it is approved by a majority of the number of qualified voters of Cumberland County voting in an election on the question of whether or not the Act should be approved held in May, 1986.  The ballots used in the election shall have printed on them the substance of this Act and the voters shall vote for or against its approval.  The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by it to the Secretary of State as provided by law in the case of elections.  The qualifications of voters voting on the question shall be the same as those required for participation in general elections.  All laws applicable to general elections shall apply to the determination of the approval or rejection of this Act.

SECTION 9.  For the purpose of approving or rejecting the provisions of this Act, as provided in Section 8, it shall be effective upon becoming a law, the public welfare requiring it, but for all other purposes, the provisions of the Act shall be effective only upon being approved as provided in Section 8.

Passed:  January 29, 1986.