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1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0107 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 January 1991 91-12 BIDDING: Competitive: Schools may be required to take competitive bids for school photography contracts when no government funds are involved if the county legislative body of the particular county involved has adopted the County Financial Management System of 1981, T.C.A. S§5-21-101-129; moreover, if a private act has been adopted requiring competitive bidding in such a situation, then it would be required. T.C.A. S§5-14-101-116, -201-206, -202, S§5-21-101-129, -103, -119, -120, §49-2-110, -203. 91-09 BONDS/NOTES: Capital Outla; Notes: A county cannot issue a capital outlay note to borrow funds for the sole purpose of paying the settlement of a Superfund liability claim. T.C.A. §9-21-105, -601. 91-01 CONSTITUTIONAL LAW, UNITED STATES: Equal Protec tion Clause: Under T.C.A. §12-3-804, the establishment of set-aside programs for small and minority-owned businesses is not mandatory, since the statutory phrase whenever possible gives state agencies a degree of discretion inconsistent with any such interpretation; the requirement that the Board of Standards make an annual determination of the amount of state purchases to be set aside for the affected groups is not absolute, since in cases where no set-aside is possible, such a determination would be futile. T.C.A. §12-3-804. 91-04 CONTRACTS: County: A contract between Shelby County and a private firm to audit personal property returns that fixes as compensation to the firm twenty-five percent (25%) of all taxes discovered violates the provisions of T.C.A. §67-5-507; although the contract would be void and unenforceable, any assessments levied pursuant to the contract would be presumed correct; the question of whether the firm would be entitled to payment for its services on a quantum meruit basis depends on the facts and equities

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