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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0143 and id is 1 raw text is: ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 August, 1995 95-087 ANNEXATION: The City of Memphis may annex all of the unincorporated area of Shelby County, provided that the land area annexed does not increase the land area of the city by more than 25% in any two year period. The City of Memphis may not establish two different tax rates, one for the present Memphis city limits and one for the newly annexed area; Article 11, section 28 of the Tennessee Constitution prohibits municipalities from establishing more than one tax rate within their jurisdiction. Const. Tenn. Art. II, §§28-29; T.C.A. §6-1-102, §6-51- 102. 95-089 CELLULAR TEl EPHONES:Chain Referral Sales Plans: The prohibition of chain referral sales plans, T.C.A. §47-18-104(b)(18) does apply to cellular telephone customer referral plans and other similar plans, where (1) the plans offer compensation to prospective buyers, (2) the compensation is offered J% exchange for the names of other prospective buyers, (3) the offer is made in connection with an offer to sell goods or services and (4) the compensation is contingent upon other prospective buyers purchasing the goods or services offered. chain referral sales plans are also illegal lotteries under T.C.A. §39-17- 507(b). T.C.A. §39-17-507, §47-18-104; Op. Tenn. Atty. Gen. 85-133 (April 23, 1985). 95-081 CRIMINAL LAW:Clemency: Pursuant to his clemency power, the Governor may commute a death sentence to life without parole in exchange for the prisoner waiving any further appeals, post-conviction and habeas corpus actions, even if the crime was committed prior to July 1, 1993. Const. Tenn. Art. Ill, §6; T.C.A. §39-13-204, §40-27-102-106, §40-35-501. 95-091 COUNTIES:Urban Type Public Facility: If a county already operates a sewerage system through its public utilities board, the power to make decisions concerning the operation or improvement of that particular system is vested exclusively in the board. Thus, the county commission may not enter into ajoint agreement with municipalities to construct an extension or improvement of such an existing system over the objection of the board of public utilities, and force the board to operate under the agreement. However, the county has independent authority to acquire, construct, finance, and operate a system which is separate from any system currently operated by the board of public utilities, and is not required to place it under the control of the board. The county commission, if it wishes to change the manner in which its utility systems are operated, could by resolution abolish the public utilities board and transfer supervision to a county

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