Title 64 Regional Authorities

Chapter 1 River Basin Development Authorities

Part 1 Beech River Watershed Development Authority

§ 64-1-101. Legislative findings — Authority creation — Board of directors — Chair — Meetings — Employees.

(a)
1. (1) The general assembly finds and declares that:
  1. (A) The tributaries and subtributaries of the major waterways of Tennessee are among the basic resources of the state;
  2. (B) Determination and effectuation of the best means for control of the flood waters of those tributaries and subtributaries, development of their full potential as a domestic, municipal, industrial and agricultural water source and use of their waters and shoreline lands for recreation and industrial development are public purposes essential to the integrated economic development of the areas drained by these streams and to the future economic welfare of the entire state;
  3. (C) Development of the watershed of the Beech River by a local development authority will provide information on problems of water control and development valuable in the formulation of state policy with respect to similar action on larger streams; and
  4. (D) Creation of a local development authority is essential to the achievement of these objectives in the watershed of the Beech River in Decatur and Henderson counties.
2. (2) There is, therefore, hereby created the Beech River watershed development authority, referred to as “authority” in this part, to exercise the powers granted in this part, in and with respect to the portions of the counties of Decatur and Henderson making up the watershed of the Beech River.
(b) The authority shall be a body politic and corporate and shall be governed by a board of directors consisting of:
1. (1) The commissioner of environment and conservation or the commissioner's designee, the county mayor of Decatur County or the mayor's designee, and the county mayor of Henderson County or the mayor's designee as ex officio members; and
2. (2) Five (5) additional members to be appointed by the governor from persons residing in Decatur or Henderson County and to include persons active in municipal, industrial, agricultural and commercial groups concerned with the development of the Beech River watershed. One (1) such member shall be appointed for a three-year term, two (2) for six-year terms and two (2) for nine-year terms, but such terms shall continue in all events until successors are appointed. Their successors shall be appointed by the governor for terms of nine (9) years. Two (2) members shall be appointed from persons residing in Decatur County and three (3) from persons residing in Henderson County. In the event of a vacancy on the board, the governor shall appoint a successor for the unexpired term.
(c) The board of directors of the authority shall elect a chair from the voting members of the board for a term of three (3) years or for so long as such person remains a member of the board, whichever is less.
(d) The commissioner shall serve on the board in an advisory capacity without vote. The other members shall each have one (1) vote. The directors shall serve without pay except for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority.
Backlinks (1)
- 64-1-105(c)
(e)
1. (1) Upon completion of the membership of the board, the members shall meet and organize in Lexington, Tennessee, set a regular time and place for the meetings of the authority, and obtain offices and all necessary equipment for the office.
2. (2)
  1. (A) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
  2. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement prescribed in subdivision (e)(2)(A).
3. (3) The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this part and the salary of any such employees may be paid out of such funds as may be available to the authority from any source. The executive secretary is the custodian of funds belonging to the authority and shall keep the records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board.

Backlinks (1)

4-29-249(a)(4)

History (8)

Acts 1963, ch. 169, §§ 1, 3
Acts 1963, ch. 343, § 1
impl. am. Acts 1972, ch. 542, § 15
impl. am. Acts 1978, ch. 934, §§ 16, 36
T.C.A., § 66-1-101
Acts 1995, ch. 501, § 4
2003, ch. 90, § 2
2020, ch. 661, §§ 3, 4.

§ 64-1-102. Powers and duties — Eminent domain — Tax-exempt status.

(a) The authority is specifically authorized and empowered to do any and all things necessary in forming and executing a plan for the comprehensive development of the resources of the Beech River watershed, including an action in cooperation, when necessary, with appropriate local, state, and federal agencies, in the fields of agriculture, forestry, drainage and flood control, land reclamation, electric power utilization, irrigation, water conservation and supply, recreation, public health, manufacturing, and trade. To that end the authority:
1. (1) Shall have succession in its corporate name;
2. (2) May sue and be sued in its corporate name;
3. (3) May adopt and use a corporate seal;
4. (4) May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs;
5. (5) May make contracts and execute instruments containing such terms, provisions and conditions as in the judgment of the board of directors may be necessary, proper or advisable in the exercise of the powers conferred upon it in this part, including, but not limited to, contracts for grants, loans or other assistance from any federal agency and contracts with corporations, associations or individuals for construction work in the furtherance of any development project and may carry out and perform the terms and conditions of all such contracts or instruments;
6. (6) May acquire by purchase, lease, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary to the exercise of its powers or functions. Acquisition by condemnation is limited to land, rights in land, including leaseholds and easements, and water rights in the Beech River watershed that, if taken for channel improvement along an unimpounded portion of the Beech River stream system, lie within the present floodplain of the main stream or of a tributary of the Beech River and, if bordering an impoundment or detention reservoir, lie within two thousand six hundred fifty feet (2,650′) of the nearest point on the maximum shoreline contour of such impoundment. The amount and character of interests in land, rights in land and water rights to be acquired within either of these boundaries shall be determined by the board of directors, which determination shall be final;
7. (7) May issue its bonds from time to time in a total amount not to exceed one million dollars ($1,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interests therein and the development of the resources of the Beech River watershed and expenses incidental thereto; may secure such bonds by a pledge of all or any part of the revenues that may now or hereafter come to the authority from any source, by a mortgage or deed of trust of the authority's land or any part thereof, or by a combination of the two (2); and may make such contracts or covenants in the issuance of such bonds as may be necessary to ensure the marketability thereof;
8. (8) May arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines;
9. (9) May enter into contracts with municipalities, corporations, other public agencies or political subdivisions of any kind or with others for the sale of water from reservoirs in the Beech River system under its control for municipal, domestic, agricultural or industrial use or any other services, facilities or commodities that the authority may be in a position to supply;
10. (10) May develop or provide for the development of residential and commercial property existing within the Beech River system, and may develop reservoirs and shoreline lands for recreational use and provide for their operation or use for this purpose directly or by concessionaires, lessees, or vendees of shoreline lands;
11. (11) May sell or lease shoreline lands acquired in connection with development of the Beech River system for uses consistent with the authority's development plans and subject to such restrictions as the authority deems necessary for reservoir protection and to such requirements as to:
  1. (A) Character of improvements and activities on the lands; and
  2. (B) Time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plans; and
12. (12) May manage or operate reservoirs or shoreline lands of reservoirs owned by the United States under appropriate agreements with the federal agency or agencies having custody and control thereof.
(b)
1. (1) The authority's power of eminent domain may be exercised under title 29, chapter 16, or pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain.
2. (2)
  1. (A) At any time on or after the filing of a petition for condemnation of property and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or part of the property described in the petition is being taken for the use of the authority. The declaration of taking is sufficient if it sets forth:
    1. (i) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof;
    2. (ii) A statement of the estate or interest in the property being taken; and
    3. (iii) A statement of the sum of money estimated by the authority to be just compensation for the property taken.
  2. (B) At any time prior to the vesting of title to property in the authority, the authority may withdraw or dismiss its petition with respect to any and all of the property described in the petition.
3. (3) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the authority, free from the right, title, interest or lien of all parties to the cause; and the property shall be deemed to be condemned and taken for the use of the authority, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession are required to surrender possession to the authority.
4. (4) The ultimate amount of compensation shall be determined pursuant to title 29, chapter 16. If the amount so fixed exceeds the amount so deposited in the court by the authority or otherwise paid to the persons entitled thereto, the court shall enter judgment against the authority in the amount of such deficiency, together with interest at the legal rate on such deficiency from the date of the vesting of title to the date of entry of the final judgment, subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the authority; and the court shall order the authority to deposit the amount of such deficiency in court. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceedings. Interest is not allowed on so much of the just compensation as has been paid into court with the declaration of taking. In case the amount deposited in court by the authority as the estimated compensation for the property exceeds the amount of the final award or judgment, such excess shall be returned to the authority.
5. (5) As an alternative to the procedure provided in subdivisions (b)(2)-(4), the authority may file in the court where condemnation proceedings of the authority are pending an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.
(c) During the time that title to land or rights in land are held by the authority, they are exempt from all taxes levied by the state or any of its political subdivisions, or instrumentalities of either, and all other property and activities of the authority are similarly exempt.
(d) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.

History (4)

Acts 1963, ch. 343, § 2
T.C.A., § 66-1-102
Acts 2013, ch. 149, § 1
2020, ch. 661, §§ 5, 6.

§ 64-1-103. Cooperation with Tennessee Valley authority and other agencies.

(a) The authority is further authorized to:
1. (1) Cooperate with the Tennessee Valley authority in a study of engineering works as part of plans for comprehensive development of the Beech River watershed and in a study of the economic effects of such works in terms of agricultural production, industrial locations, trade, land values and county and state tax revenues;
2. (2) Ascertain the availability of, and obtain to the extent possible, commitments from local interests for financial contributions toward the cost of constructing, operating and maintaining such works;
3. (3) Negotiate with the Tennessee Valley authority regarding assistance by that agency in planning and financing the works;
4. (4) Report to the governor on plans that may be developed for constructing, operating and maintaining the projects, including recommendations for further legislation to put such plans into effect; and
5. (5) Cooperate with other groups authorized to investigate state participation in federal water projects.
(b) All agencies of the state are hereby authorized, empowered and directed to extend their cooperation and assistance to the authority in the formulation and implementation of its program of development.

History (3)

Acts 1961, ch. 315, § 3
1963, ch. 343, § 3
T.C.A., § 66-1-103.

§ 64-1-104. Local contributions to authority — Tax levy.

(a) Decatur County, Henderson County and any city or town in either county are hereby authorized and empowered to contribute to the work of the Beech River watershed development authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or city.
(b) The county legislative bodies and governing bodies of such cities or towns shall be empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes.

History (3)

Acts 1961, ch. 315, § 4
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A., § 66-1-104.

§ 64-1-105. Creation of position of board member emeritus.

(a) The board of directors of the authority is authorized, by majority vote, to create the position of board member emeritus for the authority.
(b) The position, if created, is intended to honor, and to provide to the authority the benefit of, the knowledge and experience of a qualified individual who has chosen to devote many years to public service and particularly to the Beech River watershed area.
(c) The position of board member emeritus shall be nonvoting and in an advisory capacity but shall otherwise be considered a member of the board for purposes of notice of meetings, board discussion and planning. The member emeritus shall be reimbursed for actual travel expenses as provided in § 64-1-101(d).
(d) If the authority creates the position of board member emeritus, it shall then appoint, by majority vote, an emeritus member. The qualifications for appointment to this position are:
1. (1) At least twenty-five (25) years of service, whether consecutive or not, as a member of the board of directors of the authority;
2. (2) At least fifteen (15) years of service as the chairman of the authority;
3. (3) At least ten (10) years of service in the Tennessee general assembly; and
4. (4) At least four (4) years of service as speaker of either house of the Tennessee general assembly.

History (1)

Acts 2011, ch. 195, § 1.

Part 2 Chickasaw Basin Authority

§ 64-1-201. Authority creation — Purpose — Limitations.

(a) There is hereby created the Chickasaw basin authority, as a public body corporate, politic and perpetual, which is referred to as the “authority” in this part.
(b) The authority is created to implement the project as presently planned and as may be modeled by future studies.
(c) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes and similar powers to regulate land use.

Backlinks (1)

4-29-246(a)(12)

History (2)

Acts 1973, ch. 409, § 1
T.C.A., § 66-1-201.

§ 64-1-202. Legislative intent.

It is the intent of the general assembly that the various counties and cities of the state that are members of the Chickasaw basin authority and within the designated area have the most effective and efficient means of organizing themselves on a regional basis for the purpose of general and comprehensive water resources planning and development activities to provide coordinated, efficient and orderly development of the surface water management plans and projects within the area as established by the Chickasaw basin authority programs and all approved amendments thereto. Such development includes all recreational and conservation developments adjacent to any water management project. It is the intent that local governments through the authority be guided and assisted in making maximum use of coordinated federal, state and local programs designed to stimulate the development of all water and land resources within the drainage area of the Wolf and Loosahatchie Rivers and Nonconnah and Horn Lake Creeks. It is the further intent of this part that in order to ensure the success of such regional planning and development the state may provide financial assistance to the authority for such purposes as are approved by the general assembly. The Chickasaw basin authority and the counties and municipalities within the designated area are authorized to request, develop, maintain and make available to the residents of such counties and municipalities the recreational and conservation areas adjacent to any approved project within the area of the Chickasaw basin authority. The authority shall have jurisdiction over such programs related to the rivers and streams and their respective drainage areas that flow within Shelby County. In addition, the authority shall have jurisdiction over such programs related to the Wolf River and its respective drainage area without regard to county or municipal boundaries.

Backlinks (1)

64-1-212(a)

History (3)

Acts 1973, ch. 409, § 2
T.C.A., § 66-1-202
Acts 2008, ch. 685, § 1.

§ 64-1-203. Board of directors — Officers — Meetings — Expenses — Quorum.

(a) The organization of the authority is as follows:
1. (1) The authority shall be governed by a board of directors;
2. (2)
  1. (A) Membership of the board of directors shall consist of:
    1. (i) The presiding officer of the county legislative body or the presiding officer's authorized representative and one (1) other member from the county legislative body in each county that is a member of the authority. The terms of such members shall coincide with their terms of office; but such membership may, at the discretion of the respective county legislative body, be rotated annually;
    2. (ii) The chair or the chair's authorized representative and one (1) member of the council of the city of Memphis. The terms of such members shall coincide with their terms of office, but such membership may, at the discretion of the council, be rotated annually;
    3. (iii) One (1) member at large, to be appointed by the governor to serve during the governor's term of office;
      Backlinks (1)
      
      64-1-208
    4. (iv) The mayor of Shelby County or the mayor's authorized representative;
    5. (v) One (1) member from each county soil and water conservation district board of supervisors from each county that is a member of the authority, as established under title 43, chapter 14, part 2. The term of such member shall coincide with the member's term of office on the district board, but such membership may, at the discretion of the district board, be rotated annually; and
    6. (vi) The mayor, or the mayor's authorized representative, of each incorporated municipality within counties that are members of the authority;
  2. (B) No person shall be appointed to the board by any legislative body or the governor who has an interest, either indirect ownership or through a trustee, in real property that is to be acquired by the Chickasaw basin authority. Any person not eligible for appointment due to the prohibitions in this subdivision (a)(2)(B) who accepts such appointment shall be subject to the penalties set forth in §§ 12-4-101 and 12-4-102. Whenever public officials who are members of the board by virtue of office, including the presiding officer of the county legislative bodies in each county that is a member of the authority, the chair of the council of the city of Memphis, the mayor of Shelby County and the mayor of each incorporated municipality within counties that are members of the authority, are not eligible to serve as a member of the board due to this subdivision (a)(2)(B), the legislative body of the respective county or municipality shall elect an authorized representative to serve in place of the public officials; and
3. (3) Upon completion of its membership, the appointees shall meet and organize at Memphis, elect a chair, vice chair and secretary-treasurer and set a regular time and place for meetings of the board. The officers of the board of directors shall be elected annually at the first meeting of each calendar year.
(b) Directors and ex officio members shall serve without compensation, except reimbursements for actual traveling and other expenses incurred in the performance of their official duties, subject to such funds as may be available to the authority and with the approval of their respective elected legislative bodies. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c) The authority shall act only by vote or concurrence of a majority of a quorum of its membership. A quorum shall be not less than one-half (½) of the members of the authority.
(d)
1. (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
2. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).

History (8)

Acts 1973, ch. 409, § 3
1976, ch. 806, § 1 (132)
1976, ch. 847, §§ 3, 4
impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
Acts 1980, ch. 757, § 1
T.C.A., § 66-1-203
Acts 2020, ch. 663, § 3
2021, ch. 203, § 16.

§ 64-1-204. Powers and duties.

The powers, duties and functions of the authority are as follows:
1. (1) Have perpetual succession in corporate name;
2. (2) Sue and be sued in corporate name;
3. (3) Adopt, use and alter a corporate seal, which shall be judicially noted;
4. (4) Enter into contracts and cooperative agreements with state, federal and local governments, with private individuals and corporations and with associations and organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part. This authority includes, without limitation, the power to contract and make cooperative arrangements with the adjoining state of Mississippi, including cities, counties and other public agencies within that state, for planning, land purchase and acquisition, construction, operation and maintenance of all works related to water resources, development, conservations and open space. It is the intent of this subdivision (4) that the authority have full powers to operate across state lines, subject only to contractual agreements with private, governmental and public bodies and agencies;
5. (5) Adopt, amend and repeal bylaws;
6. (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary or convenient for the transaction of its business and to fix their compensation, define their duties and require bonds of such of them as the board may determine;
7. (7) Accept grants, funds and other assistance from any governmental agencies, private agencies and individuals and spend these in behalf of the programs;
8. (8) Investigate and study all water and related land resources of the Chickasaw basin for overall planning and development;
9. (9) Adopt a comprehensive plan for development of the water, land and related land resources of the Chickasaw basin area, which will include, as a minimum, the identification of projects, works and facilities needed to protect, enhance and accelerate the orderly growth, safety, welfare and development of the area. Such plan shall take into account the plans and proposals adopted by other local, state and federal agencies dealing with water and related land resources development, conservation and control and shall be compatible with plans of the Memphis-Delta development district. Special consideration shall be given to projects and work related to the United States corps of engineers, the United States soil conservation service and the United States department of the interior;
10. (10) Execute contracts with existing agencies involved in regional planning and development for providing combined staffs and operating personnel, including the Mississippi-Arkansas-Tennessee council of governments, and a development district organized under title 13, chapter 14;
11. (11) Prepare preliminary architectural and engineering plans for specific projects and works of the authority;
12. (12) Prepare detailed architectural and engineering plans and specifications for specific projects and works related to water resources and related land development, flooding, navigation, harbors, conservation, water quality and open space;
13. (13) Arrange and cooperate with any city, county, state or supplier of utilities for the abandonment, relocation or other adjustment on roads, highways, bridges and utility lines and services;
14. (14) Acquire by purchase or by gift all land or interest in land, including easements, rights-of-way and leasehold interests and facilities within the area needed for construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, recreation, fish and wildlife conservation and open space. The authority may hold, mortgage or otherwise encumber, sell, lease or sublease such land or interests in land or easements deemed to be in the public interest. During the time that title to such property is held in public ownership, it is exempt from all taxes levied by the state and all political subdivisions thereof; and all other property and activities of the authority are similarly exempt. The authority may lease or rent privileges in or upon any property under its control upon such terms and conditions as it deems to be in the public interest. All funds derived from the disposal by the authority of any interest in real property shall, notwithstanding § 12-2-112(a)(7), be deposited to a reserve account for the use and benefit of the Chickasaw basin authority. The funds in such account may be expended only after they have been appropriated and allotted in accordance with title 9, chapter 4;
15. (15) Build, construct, operate, manage, lease and maintain all works, facilities and programs needed for water controls, channel improvements, navigation, drainage, irrigation, water conservation, water quality, water supply, recreation, fish and wildlife conservation and open space;
16. (16) Fund jointly with the state the planning, acquisition of land and facilities, construction, operation, management and maintenance of all works, facilities and programs needed by the authority;
17. (17) Fix, levy and collect fees, rents, tolls or other charges for the use of or in connection with any works or programs that are administered by the authority and with any bond issue that may be issued under this part; and
18. (18) Develop reservoirs and shoreline lands for recreational use and provide for their operation.

History (4)

Acts 1973, ch. 409, § 4
T.C.A., § 66-1-204
Acts 1984, ch. 539, § 1
2006, ch. 863, § 6.

§ 64-1-205. Financing.

The authority has the powers with respect to finance as follows:
1. (1) The authority is an entity for purposes of general state obligation bond financing. The authority has the power to issue its bonds from time to time in consultation with the state. Any bond issue wherein the general obligation of the state is attached must first be approved by the general assembly and provision made for amortization of both principal and interest for a period not to exceed forty (40) years. The authority shall present to the general assembly its needs with regard to specific bond issues, together with evidence that the legislative bodies of the counties and municipalities have appropriated or issued bonds sufficient for matching purposes and its estimate of annual revenues to be received therefrom. Specific bond issues shall describe the purpose, land, works or improvements to be accomplished and their location;
2. (2)
  1. (A) The state is hereby authorized to match funds raised by such local governments for the purposes authorized under this part. The state is authorized to match funds raised by such local governments for authority purposes either through issuance of bonds or on pay-as-you-go basis, or a combination of the two (2), with the local governments providing their share of the costs through local appropriations of such funds by their respective legislative bodies. Bonds shall be issued in the usual manner that state bonds are authorized and sold after the approval of such bond issue by the general assembly;
  2. (B) In scheduling improvements, the authority shall make maximum use of federal grant funds from any federal program for which it is eligible;
3. (3) The state is hereby authorized to match funds raised locally to provide for the operations of the authority, including costs of administration, planning, engineering, program development and administration, land acquisition, equipment and other capital improvements and bond financing and amortization;
4. (4) Each city, town or county within the area is hereby authorized and empowered to contribute to the work of the authority any amount that each respective governing body, acting in its sole discretion, shall approve to be paid from the general fund of the respective city or county or shall issue its general obligation bonds for and on behalf of the authority;
5. (5) By October 1 of each year, the authority shall transmit to the commissioner of environment and conservation an estimated budget with a request for an amount to be included in the governor's budget recommendations for the next fiscal year. Such budget shall include the estimated administrative, operation and maintenance expenses and shall include appropriate justification for such requested appropriation. Such amount, or other amount as deemed appropriate by the commissioner and approved by the governor, shall be included in the budget request transmitted to the general assembly; and
6. (6) It is the intent of this part that the authority be operated as a state agency subject to all fiscal requirements and procedures that apply to other state departments and agencies and subject to joint local funding as stipulated in this part.

History (2)

Acts 1973, ch. 409, § 5
T.C.A., § 66-1-205.

§ 64-1-206. Annual reports.

The board of directors of the authority shall report annually to the governing bodies of the various counties, cities and towns in the area and to the state. Such reports shall include, but not be limited to, statements of financial receipts and expenditures, a summary of activities and accomplishments for the period and proposed plans for the next year and for five (5) subsequent years.

History (2)

Acts 1973, ch. 409, § 6
T.C.A., § 66-1-206.

§ 64-1-207. Pre-existing and independent projects.

Nothing in this part shall be construed as interfering with existing contracts or works of improvements currently under way by state and local governments or with works of improvements that are undertaken independently from the authority and the state, if such works are not in conflict with basin-wide plans for control of water, recreation and conservation.

History (2)

Acts 1973, ch. 409, § 7
T.C.A., § 66-1-207.

§ 64-1-208. Local improvements.

Any one (1) county, individually, or in combination with one (1) or more counties, may undertake works of improvements as provided for in this part with the authority and the state, if such works are not in conflict with the basin-wide plans for control of water. A majority of the members of the board of directors representing such county wanting to act individually, together with the member at large, as provided for in § 64-1-203(a)(2)(A)(iii), are sufficient to make all decisions and take action for the board with regard to works of improvements for such county.

History (2)

Acts 1973, ch. 409, § 8
T.C.A., § 66-1-208.

§ 64-1-209. Local control and operation of improvements.

Upon the final acceptance from the contractor of any specific project on the Chickasaw basin plan, the governing body or bodies of the county or counties wherein the project is physically located may at their option require the authority to relinquish the control and operation of the project to the county; provided, that such county shall thereafter be fully responsible for the cost of maintenance and operation of such project and shall receive all revenues therefrom, except such revenues as might be pledged to the payment of obligations theretofore incurred by the authority.

History (2)

Acts 1973, ch. 409, § 9
T.C.A., § 66-1-209.

§ 64-1-210. Cooperation with county soil and water conservation districts and conservation boards.

The authority shall develop its programs and plans for implementation in close cooperation with the existing county soil and water conservation districts as established under title 43, chapter 14, part 2 and county conservation boards as established by §§ 11-21-101 — 11-21-109, so that such districts and boards are joint sponsors of individual projects or works of improvements as related to small watersheds in individual counties.

History (3)

Acts 1973, ch. 409, § 10
T.C.A., § 66-1-210
Acts 2021, ch. 203, § 17.

§ 64-1-211. Cooperation from state agencies.

All agencies of the state are hereby authorized and directed to extend their cooperation and to lend assistance to the authority in the formulation and implementation of a development program.

History (2)

Acts 1973, ch. 409, § 12
T.C.A., § 66-1-212.

§ 64-1-212. County participation — Withdrawal.

(a) This part applies to counties within the drainage area of the Chickasaw basin authority, as designated in § 64-1-202, for the purpose of implementing the programs established in this part. Prior to participating in the programs, a county legislative body must first express its desire to participate by resolution, which must then be approved by the Chickasaw basin authority's board of commissioners.
(b) Any county to which this part applies that has elected or elects to participate in the programs authorized by this part may withdraw from participation in the programs by resolution to that effect adopted by a two-thirds (⅔) vote of the county legislative body of such county. However, such withdrawal shall not relieve such county of any of its then existing obligation on account of bonds or other evidence of indebtedness incurred by such county on account of its participation in the programs of the authority, and such obligation shall continue until discharged by the county.

History (5)

Acts 1973, ch. 409, § 11
1976, ch. 847, §§ 2, 5
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A., § 66-1-211
Acts 2021, ch. 165, § 1.

§ 64-1-213. Relation to existing laws — Liberal construction.

(a) This part shall be considered supplemental and additional to any and all other laws and confers sufficient authority in and of itself for the purposes set forth in this part.
(b) This part shall be liberally construed to effectuate its purpose of facilitating the development of the resources of the Chickasaw basin.

History (2)

Acts 1973, ch. 409, § 13
T.C.A., § 66-1-213.

Part 5 Sequatchie Valley Educational Development Agency

§ 64-1-501. Creation — Purpose.

(a) There is created the Sequatchie Valley educational development agency, being a public body corporate and politic and referred to as the “agency” in this part.
(b) The agency is created for the purpose of developing the field of education for the region covered by Bledsoe, Marion, Rhea, Grundy, and Sequatchie counties, referred to as the “region” in this part.
(c) The scope of the agency's interests, work, and activities includes programs in the field of education.

Backlinks (1)

4-29-247(a)(41)

History (5)

Acts 1968, ch. 460, § 1
T.C.A., § 66-1-501
Acts 1985, ch. 136, § 1
1992, ch. 717, § 3
2020, ch. 664, § 3.

§ 64-1-502. Board of directors — Officers — Meetings — Expenses — Removal.

(a)
1. (1) The agency shall be governed by a board of directors, referred to as the “board” in this part, consisting of the following members, to serve until their successors are appointed:
  1. (A) The county mayor of each of Bledsoe, Marion, Rhea, Grundy and Sequatchie counties shall during that county mayor's term as county mayor be a member of the board, or the county mayor may designate another person from that county to serve as member for the term that the county mayor would otherwise serve;
  2. (B) The governor shall appoint from each of the counties mentioned in subdivision (a)(1)(A) to be a member of the board a person active in county, municipal or other public or business, labor or agricultural affairs. The term of each such member shall be six (6) years, except for the original terms, which shall be for two (2), four (4) and six (6) years, beginning with the date of the organizational meeting of the board as provided in subsection (b);
  3. (C) The mayors of the incorporated cities and towns in each of the five (5) counties shall designate by majority vote one (1) member of the board of directors. The terms of these five (5) members of the board shall be six (6) years, beginning with the date of the organizational meeting of the board as provided in subsection (b); and
  4. (D) The governor shall designate a member of the governor's staff or cabinet to serve as a director during the governor's term of office.
2. (2) Any vacancy in the board shall be filled in the same manner as provided in subdivision (a)(1); provided, that any such appointment or designation to fill a vacancy shall be for the unexpired portion of the term of the director being replaced.
(b) Upon completion of the membership of the board, the directors shall meet and organize by electing a chair, vice chair and secretary-treasurer and shall set a regular time and place for meetings of the board thereafter.
(c) The directors shall serve without compensation, except that they shall be reimbursed for actual traveling expenses and other necessary expenses incurred in the performance of their official duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
1. (1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
2. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).

Backlinks (1)

4-29-247(a)(41)

History (8)

Acts 1968, ch. 460, § 2
1976, ch. 806, § 1(129)
impl. am. Acts 1978, ch. 934, §§ 16, 36
T.C.A., § 66-1-502
Acts 1985, ch. 136, § 2
1992, ch. 717, §§ 4, 5
2003, ch. 90, § 2
2020, ch. 664, § 4.

§ 64-1-503. General powers and duties.

The agency has the following general powers, functions, and duties:
1. (1) Perpetual succession in the corporate name;
2. (2) Sue and be sued in the corporate name;
3. (3) Adopt, use, and alter a corporate seal, which is judicially noticed;
4. (4) Enter into contracts and cooperative agreements with federal, state, and local governments, and other agencies, with private individuals, corporations, associations, and other organizations as the board deems necessary in carrying out the purposes of this part;
5. (5) Adopt, amend, and repeal bylaws;
6. (6) Appoint managers, officers, employees, attorneys, and agents as the board deems necessary for the transaction of business, fix the appointees' compensation, and, if the board determines necessary, require bonds from the appointees;
7. (7)
  1. (A) Receive and expend funds from any source for staffing and other administrative expenses, research, planning, coordination, and other activities deemed necessary to promote the efficient educational development of the region; and
  2. (B) Receive grants from private foundations and other sources for the purposes of research and for demonstration projects oriented to human, physical, and natural resources utilization;
8. (8) Coordinate its activities with federal agencies having responsibility for developing natural, human, and physical resources of the region and cooperate with the agencies in developing such resources;
9. (9) Cooperate with local and regional financial institutions in assembling financial resources for educational development; and
10. (10) Acquire by purchase, lease, or gift real and personal property, or any interest therein, that the board deems necessary in carrying out the purposes of this part.

History (4)

Acts 1968, ch. 460, § 3
T.C.A., § 66-1-503
Acts 2006, ch. 863, § 7
2020, ch. 664, § 5.

§ 64-1-504. [Reserved]

§ 64-1-505. [Reserved]

§ 64-1-506. Construction and operation of regional facilities.

(a) Without derogating from any of its powers, duties, functions and responsibilities as set forth in the other provisions of this part, the agency is specifically authorized to:
1. (1) Make plans for the construction, operation, and maintenance of regional educational facilities in one (1) or more of the five (5) counties constituting the region; and
2. (2) Take all such actions as are necessary or convenient in the judgment of the board in effectuating such plans, including, but without limitation, by reason of this enumeration:
  1. (A) The acquisition of sites for the facilities;
  2. (B) Sale or transfer of such sites, if acquired in the agency's name, to the agency or institution that will own and operate the facility;
  3. (C) Arranging for the financing of the facility's construction, operation and maintenance;
  4. (D) Applying for such federal assistance as may be available and obligating the agency as required to obtain such assistance; and
  5. (E) Making contracts and agreements with federal, state and local educational agencies and institutions in carrying out this section.
(b) The agency may, at the request of the counties, act as a vehicle for contracts or agreements among counties for carrying out regional projects.

History (5)

Acts 1968, ch. 460, § 6
T.C.A., § 66-1-506
Acts 1985, ch. 136, § 3
1992, ch. 717, § 6
2020, ch. 664, § 8.

§ 64-1-507. Issuance of bonds — Securing of bonds.

(a) The agency is authorized and empowered to issue its bonds from time to time in an amount not to exceed a total of two million dollars ($2,000,000) outstanding at any time for the purpose of paying in whole or in part the cost of acquiring lands or interests in land and of constructing facilities and improvements on the land as authorized in this part.
(b) The agency is authorized to secure such bonds by a pledge of all or any of the revenues that may come to the agency from any source, by a mortgage or deed of trust of the agency's land or any part thereof, including improvements thereon, or by a combination of the two (2).
(c) The agency is also authorized to enter into such contracts and to make such covenants in the issuance of its bonds as may be necessary to assure the marketability of the bonds.

History (2)

Acts 1968, ch. 460, § 7
T.C.A., § 66-1-507.

§ 64-1-508. Authority to contribute money and issue bonds.

The various counties, towns and incorporated municipalities in the region are hereby authorized and empowered to:
1. (1) Contribute to the work of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, approve to be paid from the general fund of the respective county or city. County legislative bodies and governing bodies of the cities or towns are empowered to levy and collect ad valorem taxes for purposes that are hereby declared to be for municipal and county public purposes; and
2. (2) Issue their bonds as provided in title 9, chapter 21 to obtain funds for the financing of projects undertaken by the agency or to secure advances made by federal agencies for the construction of projects in the region pursuant to agreements with the agency.

History (5)

Acts 1968, ch. 460, § 8
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A., § 66-1-508
Acts 1989, ch. 403, § 4
2020, ch. 664, § 9.

§ 64-1-509. Annual reports.

The board of directors of the agency shall report annually to the governor, and to the governing bodies of the various counties, towns and incorporated municipalities of the region. The reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year.

History (2)

Acts 1968, ch. 460, § 9
T.C.A., § 66-1-509.

§ 64-1-510. Cooperation from state agencies.

All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the agency in the formulation and implementation of its planning and development program.

History (2)

Acts 1968, ch. 460, § 10
T.C.A., § 66-1-510.

Part 6 Tennessee Duck River Development Agency

§ 64-1-601. Creation — Purpose — Additional sponsoring and participating governmental entities.

(a) There is hereby created and established the Tennessee Duck River development agency, being a public body corporate and politic. For the purpose of this part it is referred to as the “agency” in this part.
(b) The agency is created for the purpose of developing and effectuating plans and programs for comprehensive development, including the control and development of the water resources of those portions of the Upper Duck River watershed lying in Coffee, Bedford, Hickman, Marshall and Maury counties, and integrating plans, programs and development activities with the overall economic development of the area described.
Backlinks (1)
- 64-1-602(a)(2)(A)
(c) [Deleted by 2024 amendment.]

Backlinks (2)

History (6)

Acts 1965, ch. 80, § 1
T.C.A., § 66-1-601
Acts 1987, ch. 209, § 1
1993, ch. 122, § 1
1996, ch. 626, § 3
2024, ch. 927, § 1.

§ 64-1-602. Board of directors — Officers — Meetings — Expenses — Removal.

(a) The organization of the agency shall be as follows:
1. (1) The agency shall be governed by a board of directors consisting of the following:
  1. (A) Twelve (12) directors appointed by the governor pursuant to subdivision (a)(2); and
  2. (B) The members of the technical advisory committee.
2. (2)
  1. (A) The governor shall appoint one (1) director from each county named in § 64-1-601(b). Each director shall be chosen from a list of three (3) candidates nominated by majority vote of the county legislative bodies of each county. Candidates shall include persons active in municipal, industrial, agricultural, commercial and citizen organizations, such as the Upper Duck River development association, and active in promoting comprehensive unified development of the resources and economic growth of the Upper Duck River watershed. The presiding officer of the governing body of each county shall certify such nominations to the governor. From the nominations, the governor shall appoint three (3) directors for terms of three (3) years and two (2) directors for terms of four (4) years. Successors shall be appointed for terms of six (6) years. Directors shall serve until their successors are appointed. If a vacancy occurs, the governor shall appoint a successor for the unexpired term;
  2. (B) The governor shall designate a member of the governor's staff or cabinet to serve as a director during the governor's term of office;
  3. (C) The governor shall designate county mayors from two (2) counties of the area to serve as directors for two-year terms;
  4. (D) The governor shall designate mayors of two (2) incorporated cities or towns of the area to serve as directors for two-year terms; and
  5. (E) The governor shall appoint two (2) additional directors for terms of four (4) years. The governor may choose from a list of six (6) at-large candidates nominated by the board of directors. There is no residency requirement for the two (2) additional directors other than to be citizens of the state; and
3. (3) The board of directors shall elect a chair, vice chair and secretary-treasurer and set a regular time and place for meetings of the board.
(b) Directors serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the agency. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c)
1. (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
2. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1).

Backlinks (1)

4-29-249(a)(37)

History (10)

Acts 1965, ch. 80, § 2
1976, ch. 806, § 1(134)
impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
T.C.A., § 66-1-602
Acts 1991, ch. 257, §§ 1, 2
1996, ch. 626, §§ 4, 5
2003, ch. 90, § 2
2012, ch. 986, §§ 1-4.
2020, ch. 665, § 3
2024, ch. 927, § 3.

§ 64-1-603. Powers and duties.

(a) The powers, duties and functions of the agency are as follows:
1. (1) General:
  1. (A) Perpetual succession in corporate name;
  2. (B) Sue and be sued in corporate name;
  3. (C) Adopt, use and alter a corporate seal, which shall be judicially noticed;
  4. (D) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part;
  5. (E) Adopt, amend and repeal bylaws; and
  6. (F) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the agency from any source;
2. (2) Formulation and Execution of Development Plans: The agency is authorized to:
  1. (A) Investigate the resources of the Upper Duck River area and determine the requirements for their full development and for control and development of the Upper Duck River stream system as an integral part of the economy of the area;
  2. (B) Develop and carry out a unified comprehensive program of resource development for economic growth of the area. These plans shall be consistent with plans for statewide economic development;
  3. (C) In making such investigations and in formulating development plans, seek and utilize the assistance of appropriate federal, state and local agencies and of private citizens and citizen organizations interested in the conservation and development of the resources of the area;
  4. (D) Provide, develop and help as appropriate the needed and feasible cooperative arrangements for the construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, industrial development and recreation as a part of comprehensive plans and, in aid of such activities, to accept loans, grants or other assistance from federal, state and local governments or from agencies of such governments; and
  5. (E) Arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines;
3. (3) Land Acquisition: Acquire by purchase, lease, gift or in any manner other than by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary or convenient to the exercise of its powers or functions; and
4. (4) Management and Operation:
  1. (A) Enter into contracts with municipalities, corporations and other public agencies or political subdivisions of any kind or with others for the sale of water for municipal, domestic, agricultural or industrial use or of any other services, facilities or commodities that the agency may be in a position to supply;
  2. (B) Develop reservoirs and shoreline lands for recreational and other uses as may be determined by the board of directors and provide for their operation for these purposes directly or by concessionaires, lessees or vendees of shoreline lands;
  3. (C) Sell or lease shoreline lands acquired in connection with development of the Upper Duck River system for uses consistent with the agency's development plan and subject to such restrictions as the agency deems necessary for reservoir protection and to such requirements as to character of improvements and activities and the time within which such improvements or activities shall be undertaken as the agency deems appropriate to its overall development plan;
  4. (D) Acquire or operate shoreline lands of reservoirs owned by the United States as the agent of the federal agency having custody and control thereof under appropriate agreements with such agencies;
  5. (E) Acquire, construct or operate other facilities or works for improvement as are necessary to effectuate plans for comprehensive development of the area; and
  6. (F) In addition to the investment of funds authorized by any other general law, invest funds to the same extent as utility districts are authorized to invest idle funds pursuant to § 7-82-108(a); provided, that the criteria set out in § 64-1-604(g) shall continue to apply to investments of refunding bond proceeds.
(b) The agency shall not exercise any broad governmental controls or police powers to regulate land use, planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.

History (6)

Acts 1965, ch. 80, § 3
T.C.A., § 66-1-603
Acts 1991, ch. 257, §§ 3, 4
2006, ch. 516, § 1
2006, ch. 863, § 5
2020, ch. 665, §§ 4, 5.

§ 64-1-604. Issuance of bonds, notes and other obligations.

(a)
1. (1) The agency is authorized and empowered to issue its bonds, notes or other obligations from time to time in an amount not to exceed a total of eight hundred million dollars ($800,000,000) for the purpose of paying in whole or in part the cost of acquiring necessary lands and interests in the land and of constructing and acquiring constructed facilities and improvements necessary in the development of the total economic resources of the Duck River watershed and the expenses incidental thereto. Prior to the adoption of any resolution of the board authorizing the sale of bonds, notes or other obligations or entering into any contract or other arrangement in the planning or preparation for the sale of bonds, notes or other obligations, the agency shall review such plans with the comptroller of the treasury or the comptroller's designee. The state funding board established by § 9-9-101 is authorized to contract or to make other arrangements as it may deem necessary to provide for the issuance of such bonds, notes or other obligations of the agency or, in the state funding board's discretion, the agency may enter into such contracts or other arrangements. Any contract or arrangement entered into for the purpose of the issuance of any bonds, notes or other obligations shall be subject to the approval of the state funding board.
2. (2) Any resolution of the board authorizing the sale of bonds, notes or other obligations shall be submitted to the state funding board, and such resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing the issuance of bonds, notes or other obligations, shall state in writing the reasons for this action.
(b)
1. (1) Except as otherwise expressly provided in this section, all bonds, including notes or other obligations of the agency, issued by the agency are payable solely out of the revenues and receipts derived from the agency's projects or of any revenues of the agency as may be designated in the proceedings of the board under which the bonds are authorized to be issued; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. Such bonds may be executed and delivered by the agency at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest, or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without Tennessee, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the agency and may contain such provisions not inconsistent with this section, all as shall be provided in the proceedings of the board whereunder the bonds shall be authorized to be issued.
2. (2) If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the agency are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds; but nothing contained in this section shall be construed to confer on the agency any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued.
3. (3) Any bonds of the agency may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board to be most advantageous, and the agency may pay all expenses, premiums and commissions that its board may deem necessary or advantageous in connection with the issuance thereof. Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
4. (4) Proceeds of bonds issued by the agency may be used for the purpose of:
  1. (A) Constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project, and for two (2) years after the estimated date of completion;
  2. (B) Payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds; and
  3. (C) The establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(c) Subject to the approvals required in subsection (a), any bonds or notes of the agency at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following:
1. (1) The principal amount of the obligations being refinanced;
2. (2) Applicable redemption premiums thereon;
3. (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
4. (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever shall be determined by the board to be most advantageous or necessary to the agency;
5. (5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
6. (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
7. (7) Expenses, premiums and commissions of the agency, including bonds discount, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the agency, or that any of the amounts provided in this subdivision (c)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity shall be conclusive.
(d) Any such refunding may be effected whether the obligations to be refunded have then matured or thereafter mature, either by the exchange or the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds, and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
(e) Prior to the issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by mail to each registered holder and, if the outstanding bonds or coupons are not registered securities, by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area of the project and in a financial newspaper published in New York, New York, having national circulation. As soon as practicable after the delivery of the refunding bonds and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (e).
(f) If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
(g) The principal proceeds from the sale of any refunding bonds shall be applied only as follows:
1. (1) To the immediate payment and retirement of the obligations being refunded; or
2. (2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, obligations the principal of and interest on which are guaranteed by the United States government or obligations of any agency or instrumentality of the United States government or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having any aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subdivision (g)(2) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable, or, if presently redeemable, have not been called for redemption.
  Backlinks (1)
  
  64-1-605(e)
Backlinks (1)
- 64-1-603(a)(4)(F)
(h) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(i) The principal of and interest on any bonds issued by the agency may be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the agency's interest in and rights under the leases, sale contracts or loan agreements relating to such projects, or any part thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds and the rights and remedies available in the event of default, all as the board deems advisable and not in conflict with this subsection (i). Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bond, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the above remedies.

History (5)

Acts 1965, ch. 80, § 4
T.C.A., § 66-1-604
Acts 1987, ch. 209, § 2
1994, ch. 782, § 1
2010, ch. 868, § 83.

§ 64-1-605. Membership fees for water systems receiving water from the upper Duck River watershed — Setting and review of fees.

(a) The board of directors shall set a per thousand-gallon membership fee to charge water systems for finished water pumped to a water system from the upper Duck River watershed.
(b) The board of directors shall set the membership fee at a rate sufficient to fund only:
1. (1) The agency's operating costs; and
2. (2) The cost of regional water supply programs and projects approved by the technical advisory committee pursuant to § 64-1-608(d) and the board of directors.
(c) The board of directors shall review the membership fee at least once every five (5) years and when appropriate revise the fee to ensure sufficient funding for increased or new operating, program, or project costs.
(d) A water system shall pay to the agency the membership fee based on the finished water pumped to a water system coming from a water treatment plant that withdraws water from the upper Duck River watershed; provided, that the fee must not apply to water re-use from a wastewater treatment plant or recycled water from a water treatment plant.
(e) The board of directors shall designate the method of payment and payment schedule for the membership fee. The proceeds of membership fee payments must be deposited into the trust fund maintained pursuant to § 64-1-604(g)(2).

History (6)

Acts 1965, ch. 80, § 5
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A., § 66-1-605
Acts 1987, ch. 209, § 3
1989, ch. 403, § 5
2024, ch. 927, § 4.

§ 64-1-606. Annual reports.

The board of directors of the agency shall report annually to the governor and shall likewise report annually to the governing bodies of the various counties, towns and incorporated municipalities of the area. Such reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year.

History (2)

Acts 1965, ch. 80, § 6
T.C.A., § 66-1-606.

§ 64-1-607. Cooperation from state agencies.

All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the agency in the formulation and implementation of a development program.

History (2)

Acts 1965, ch. 80, § 7
T.C.A., § 66-1-607.

§ 64-1-608. Advisory board.

(a) There is established the Tennessee Duck River agency technical advisory committee. Members of the committee serve as members of the board of directors and as the technical advisory committee to the board.
(b) The technical advisory committee is composed of one (1) member from each water system, to be appointed by the governing body of the water system.
(c) For purposes of voting, the vote of each technical advisory committee member must be weighted based on the following formula:
(d) Before an agency regional water supply program or project is approved, the program or project must receive sixty percent (60%) of the technical advisory committee's votes.
Backlinks (1)
- 64-1-605(b)(2)
(e) A member of the technical advisory committee serves at the pleasure of the water system that appointed the member.

Backlinks (1)

64-1-610(1)

History (3)

Acts 1965, ch. 80, § 8
T.C.A., § 66-1-608
Acts 2024, ch. 927, § 5.

§ 64-1-609. Legislative findings — Alternative source analysis — Long-term plan for development of viable sources of water for watershed.

(a) The general assembly finds that:
1. (1) The Duck River is approximately two hundred sixty-nine (269) miles long, and is the longest river in Tennessee that is totally contained within the state;
2. (2) The watershed for the Duck River is one of the most biodiverse rivers in North America containing over one hundred fifty (150) species of fish, more species than the entire continent of Europe;
3. (3) Over two hundred thousand (200,000) Tennesseans rely on the Duck River for drinking water;
4. (4) The long-term viability of the Duck River may be impacted by increased utilization of its water for human consumption and agricultural purposes;
5. (5) A dependable source of water for human consumption and agricultural purposes is essential to the health, safety and welfare of the persons who live in the Duck River watershed, as well as the economic vitality of the region; and
6. (6) Increasing the use of the waters of the Duck River for human consumption and agricultural purposes may impact the health of the river and the ability of the river to support fish and aquatic life and to be a source of recreation for the citizens of the state.
(b) Consistent with the findings in subsection (a), the Duck River development agency is authorized and directed to undertake an alternative source analysis with the goal of establishing a long-term plan for the development of viable sources of water for the citizens of the Duck River watershed. The options to be considered by the alternative source analysis shall include pipelines to the Tennessee and Cumberland Rivers, the enlargement of existing impoundments, the development of new impoundments and other options that merit consideration as determined by the Duck River development agency. The alternative source analysis shall include the infrastructure required, the estimated costs and the feasibility of funding alternative source projects through bonds issued by the Duck River development agency supported by revenues generated from the sales of water. In conducting the alternative source study, the Duck River development agency shall seek input and cooperation from the Tennessee advisory commission on intergovernmental relations, local water districts and authorities, the department of environment and conservation, the Tennessee Valley authority, the army corps of engineers and other agencies, organizations and persons as the agency deems appropriate. The first alternative source analysis shall be set forth in a written report to be delivered to the speakers of the senate and the house of representatives by March 1, 2011, with copies sent to all legislators whose districts are wholly or partially within the Duck River watershed area. The alternative source analysis shall be updated annually by a report delivered to the speakers of the senate and the house of representatives by March 1 of each year beginning in 2012, with copies to all legislators whose districts are wholly or partially within the Duck River watershed area.

History (2)

Acts 2008, ch. 1021, § 3
2009, ch. 222, § 1.

§ 64-1-610. Part definitions.

As used in this part, unless the context requires otherwise:
1. (1) “Technical advisory committee” or “DRATAC” means the Tennessee Duck River development agency technical advisory committee, created by § 64-1-608;
2. (2) “Upper Duck River watershed” means Normandy Reservoir and the Duck River in Bedford, Coffee, Hickman, Marshall, and Maury counties and the Duck River's tributaries in Bedford, Coffee, Marshall, and Maury counties; and
3. (3) “Water system” means a county, municipality, public water utility, or other governmental entity that:
  1. (A) Withdraws water from the upper Duck River watershed; and
  2. (B) Requires an aquatic resource alterations permit (ARAP).

History (1)

Acts 2024, ch. 927, § 2.

Part 7 Tellico Reservoir Development Agency

§ 64-1-701. Creation — Purposes — Declaration of public function.

(a) There is hereby created and established the Tellico Reservoir development agency, being a public body corporate and politic, referred to as the “agency” in this part.
(b) The agency is created for the purpose of developing and effectuating plans and programs for the comprehensive development of, acquiring, operating, managing, selling, leasing and the development of all or a portion of the lands lying within the Tennessee Valley authority Tellico Reservoir project area, as shown on the official tract maps of the Tennessee Valley authority, and such contiguous lands as may be acquired by or transferred to the agency within the watershed of the Little Tennessee River, including portions of Monroe, Loudon and Blount counties, referred to as “development lands” in this part, all in accordance with the public purposes for which the Tellico Reservoir project was established and developed.
(c) The development, management and operation of lands and facilities within the development lands set forth in subsection (b) by the agency are declared to be essentially public and governmental functions. The powers and authorities granted in connection therewith are declared to be public and corporate purposes and matters of public necessity.

Backlinks (1)

4-29-247(a)(52)

History (1)

Acts 1982, ch. 679, § 2.

§ 64-1-702. Board of directors — Officers — Meetings — Expenses.

(a) The organization of the agency shall be as follows:
1. (1) The agency shall be governed by a board of directors consisting of nine (9) members;
2. (2) The county mayors of Monroe, Loudon and Blount counties shall be members of the board of directors;
3. (3) The county mayor of each of the counties named in subdivision (a)(2) shall appoint, with the advice and consent of the county commission, persons to fill two (2) directorships from each county. In the selection of nominees for the board of directors, due consideration shall be given to persons active in municipal, industrial, agricultural, community, commercial and citizen organizations. The initial directors appointed to the board pursuant to the procedure set out in this subdivision (a)(3) shall serve terms as follows: Two (2) for terms of two (2) years; two (2) for terms of four (4) years; and two (2) for terms of six (6) years. The selection of directors to fill these terms of office shall be by random selection. The term of a director shall continue in any event until a successor is appointed. Successors shall be appointed in the manner set forth for the initial board of directors and shall serve for terms of six (6) years. In the event of a vacancy on the board, a successor shall be appointed for the unexpired term in the same manner as set forth for the initial directors.
(b) Upon completion of its membership, the appointees shall meet and organize, elect a chair, vice chair and secretary-treasurer, and set a time and place for regular meetings of the board of directors, which shall occur no less frequently than once during every three (3) months.
(c) The board of directors may provide that directors be compensated for attendance at regular meetings of the board of directors and at meetings of duly designated committees of the board in an amount to be specified by the board. The amount set by the board must not exceed three hundred dollars ($300) for regular meetings of the board of directors and two hundred twenty-five dollars ($225) for meetings of committees of the board of directors. Directors shall serve without further or additional compensation except reimbursement for actual travel expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the agency. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

History (3)

Acts 1982, ch. 679, § 3
2003, ch. 90, § 2
2023, ch. 233, § 2.

§ 64-1-703. Powers and duties.

The powers, duties and functions of the agency are to:
1. (1) General:
  1. (A) Have perpetual succession in the corporate name;
  2. (B) Sue and be sued in the corporate name;
  3. (C) Adopt, use and alter a corporate seal, which shall be judicially noticed;
  4. (D) Enter into such contracts and cooperative agreements with the United States and the Tennessee Valley authority for the development, management and sale of the development lands containing such terms and conditions as the board of directors may deem necessary or convenient, respecting the exercise of any and all rights, powers and authorities granted to the agency under this part;
  5. (E) Enter into such contracts and cooperative agreements with other federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board of directors may deem necessary or convenient to enable it to carry out the purposes of this part;
  6. (F) Adopt, amend and repeal bylaws;
  7. (G) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. This authority includes, without limitation, the appointment of an executive director of the agency who shall be in charge of the day-to-day operations of the agency and a treasurer who shall be charged with responsibility for maintaining the books of account of the agency and control of the deposit and disbursement of the funds of the agency. The salary of any such employees may be paid out of such funds as may be available to the agency from any source;
  8. (H) Apply for or accept grants, loans or other financial assistance from any federal, state, county or municipal agency, in aid of the acquisition, planning, development, management or operation of the lands, improvements to lands or facilities provided for in this part;
  9. (I) Accept donations to the agency of cash, lands or other property to be used in furtherance of the purposes of the agency;
  10. (J) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, or interests therein, and whether or not subject to encumbrances of any kind, that the agency deems necessary or convenient to carry out its purposes;
  11. (K) Establish and charge such fees for the use of lands, interests in lands, or facilities the agency may acquire or construct as the agency deems appropriate;
  12. (L) Promulgate and enforce such rules and regulations with respect to the use of lands, interests in lands or facilities the agency may acquire or construct that the agency deems necessary to protect such lands and facilities, to provide for the convenient and safe use thereof, or to provide for the orderly administration and efficient operation thereof;
  13. (M) Sell, transfer, lease or otherwise dispose of any personal property, tangible or intangible, of the agency, including sales, leases and transfers to industrial, commercial and residential developers, for such consideration and upon such terms as the agency deems appropriate;
  14. (N) Acquire such property of any kind, real, personal or mixed, or any interest therein, including leaseholds or easements, that is located within the boundary of the Tellico Reservoir project area as shown on the official tract maps of the Tennessee Valley authority and that the agency determines is necessary to carry out its purposes. The amount and character of lands or interests therein to be acquired by the agency shall be determined by the board;
  15. (O) The agency has any further or additional powers as are necessary to carry out the purposes of this part, and the powers set forth in this section are supplemental to and not in derogation of the powers afforded such agencies under the laws of the state;
  16. (P) Provide for the comprehensive development of the development lands through construction of facilities, including, without limitation, roads, water treatment and distribution systems, waste water treatment and collection systems, gas systems, electric utilities and such other public works projects as are set forth in [former] § 5-11-102(9) [repealed];
2. (2) Financing:
  1. (A) The agency has the authority to borrow funds from time to time in such amounts as may be determined by the board of directors for the purpose of paying in whole or in part the cost of the acquisition of land or interests in land, for the improvement of the land or for constructing facilities within or in conjunction with the development of such land, and the necessary expenses incidental thereto or for any other purpose in furtherance of the purposes of this part;
  2. (B) The agency may secure such borrowings by the issuance of bonds, notes or instruments of indebtedness and may secure such bonds, notes or instruments of indebtedness by a pledge of all or any of the revenues which may now or hereafter come to the agency from any source, by a mortgage or deed of trust of the agency's land or any part of the land or interest in the land, or by a combination of the two;
  3. (C) The agency may make such contracts in the issuance of such bonds, notes or instruments of indebtedness as may be necessary to assure the marketability thereof;
  4. (D) The agency is hereby declared to be performing a public function on behalf of the state and the municipalities that constitute and are represented on its board of directors. Accordingly, the agency and all properties at any time owned by it and the income and revenues therefrom and all bonds issued by it and the income therefrom are exempt from all taxation in this state. For purposes of the Securities Act of 1980, compiled in title 48, chapter 1, part 1, and any amendment to the act or substitution for the act, bonds issued by the agency are deemed to be securities issued by a public instrumentality or a political subdivision of the state;
  5. (E) So long as title to land or rights or interests acquired in land or ownership of facilities or improvements acquired or constructed by the agency under the authority of this part shall remain in the agency, such property and the income therefrom shall be exempt from all state, county and municipal taxation. Such exemption shall not extend to the leasehold or other interest in such property that may be held by any private person or private firm or corporation; and
3. (3) Nothing contained within this part shall be construed to grant the power of eminent domain to the agency.

History (2)

Acts 1982, ch. 679, § 4
1984, ch. 913, §§ 4-6.

§ 64-1-704. Bonds.

(a)
1. (1) Except as otherwise expressly provided in this section, all bonds issued by the agency are payable solely out of the revenues and receipts derived from the agency's projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds.
2. (2) Such bonds may be executed and delivered by the agency at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without this state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the agency and may contain such provisions not inconsistent herewith, all as are provided in the proceedings of the board of directors whereunder the bonds are authorized to be issued.
3. (3) If deemed advisable by the board of directors, there may be retained in the proceedings under which any bonds of the agency are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of the bonds, but nothing contained in this subdivision (a)(3) shall be construed to confer on the agency any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued.
4. (4) Any bonds of the agency may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board of directors of the agency to be most advantageous, and the agency may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance thereof.
5. (5) Issuance by the agency of one (1) or more series of bonds for one (1) or more purposes does not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
6. (6) Proceeds of bonds issued by the agency may be used for the purposes of:
  1. (A) Constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion;
  2. (B) Payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds; and
  3. (C) The establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(b) Any bonds or notes of the agency at any time outstanding may at any time and from time to time be refunded by the agency by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following:
1. (1) The principal amount of the obligations being refinanced;
2. (2) Applicable redemption premiums thereon;
3. (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
4. (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the agency;
5. (5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
6. (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
7. (7) Expenses, premiums and commissions of the agency, including bond discounts, deemed by the board of directors to be necessary for the issuance of the refunding bonds. A determination by the board of directors that any refinancing is advantageous or necessary to the agency, that any of the amounts provided in this subdivision (b)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity shall be conclusive.
(c) Any such refunding may be effected whether the obligations to be refunded have then matured or thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
(d) Prior to the issuance of the refunding bonds, the board of directors shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (d).
(e) If any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
(f) The principal proceeds from the sale of any refunding bonds shall be applied only to:
1. (1) The immediate payment and retirement of the obligations being refunded; or
2. (2) The extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded and to pay any expenses incurred in connection with such refunding; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subdivision (f)(2) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
(g) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(h)
1. (1) The principal of and interest on any bonds issued by the agency shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the agency's interest in and rights under the leases, sales contracts or loan agreements relating to such projects, or any thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors deems advisable and not in conflict with this subdivision (h)(1).
2. (2) Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid.
3. (3) In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the remedies.

History (1)

Acts 1982, ch. 679, § 5.

§ 64-1-705. Comprehensive development plan.

(a) The agency shall investigate the resources of the Little Tennessee River watershed, and especially the Tellico Reservoir project area and the East Tennessee region and, based upon the foregoing study, shall develop a comprehensive development plan for the economic growth and residential, recreational, commercial and industrial development of the development lands.
(b) In making such investigations necessary to the development of the comprehensive development plan and in formulating the comprehensive development plan, the agency shall seek the assistance of the Tennessee Valley authority and other federal, state and local agencies and of private citizens and citizen organizations interested in the conservation and development of the resources of the area.

History (1)

Acts 1982, ch. 679, § 6.

§ 64-1-706. Powers and duties with respect to development.

(a) The agency may enter into contracts with municipalities, other public agencies or political subdivisions of any kind, corporations, public or private, or with others for the construction of facilities, utilities or for the provision of services within or in conjunction with development within the development lands that the agency determines are required for the development of the development lands or for the operation or management of such facilities.
(b) The agency may develop, or provide for the development of, the development lands for recreational, residential, commercial and industrial purposes or for any other purpose consistent with this part and may provide for the development, management or operation of the development lands or facilities within such lands for these purposes, directly or by contractors, licensees, concessionaires, lessees or vendees.
(c) The agency may sell or lease any development lands or interests for uses consistent with the agency's development plan, for such consideration and on such terms as the agency deems appropriate and necessary to effectuate the comprehensive development plan and subject to such restrictions as the agency deems necessary for the protection of the economic and environmental values within the Tellico Reservoir project area, including requirements related to:
1. (1) The character or design of improvements and activities that may be undertaken on the development lands;
2. (2) The time within which such improvements or activities shall be undertaken; and
3. (3) The areas or places within such lands where such activities shall be undertaken.
(d) The agency may acquire, construct or operate such facilities or other works of improvement or may undertake such site development activities as are necessary or convenient to effectuate its plans for the comprehensive development of the development lands and Tellico Reservoir project area.
(e) The agency may enter into contracts with any city, county, municipal or other supplier of utilities for the abandonment, relocation, reconstruction, maintenance or other adjustment of roads, highways, bridges, utility lines or other facilities in, on, over or across the development lands or such areas adjacent thereto as may be necessary or convenient to carry out the purposes of this part.
(f) The agency may acquire, construct, operate and maintain such public roads in, on, over or across the development lands or such areas adjacent thereto as may be necessary or convenient to carry out the purposes of this part.

History (1)

Acts 1982, ch. 679, § 7.

§ 64-1-707. Powers of represented counties.

The counties represented on the board of directors are hereby authorized and empowered to:
1. (1) Contribute to the public works of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. The county legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and
2. (2) Issue their bonds as provided in former §§ 5-11-101 — 5-11-125 [repealed] to obtain funds for the financing of public works by the agency or to secure advances made to the agency for the construction of public works pursuant to cooperative agreements with the agency.

History (1)

Acts 1982, ch. 679, § 8.

§ 64-1-708. Annual report.

The board of directors of the agency shall report annually to the governing bodies of the various counties represented on the board of directors. Such reports shall include the statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and the proposed plans of the agency for the future development of the Tellico Reservoir project area and the development lands.

History (1)

Acts 1982, ch. 679, § 9.

§ 64-1-709. Cooperation with Tennessee Valley authority and other agencies.

(a) All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the agency in the formulation and implementation of the agency's comprehensive development plan.
(b) Notwithstanding any law to the contrary, upon enactment of this section, the comprehensive development plan, as adopted, approved and amended by the agency, shall control the development within the development lands acquired by the agency. Any municipal planning regulation adopted pursuant to title 13, chapter 4, any county zoning regulation adopted pursuant to title 13, chapter 7, any municipal zoning regulation adopted pursuant to title 13, chapter 7, that shall be adopted with respect to or shall apply to any portion of such development lands shall be superseded by the comprehensive development plan adopted, approved and amended by the agency, and, to the extent that same is inconsistent with the agency's comprehensive development plan, shall be of no force or effect as regards any such lands acquired by the agency.
(c) The agency is further authorized and directed to contract and cooperate with the Tennessee Valley authority regarding the general development and management of lands within the Tellico Reservoir project area and to negotiate with the Tennessee Valley authority regarding cooperation by that agency in planning and financing the development of the Tellico Reservoir area.

History (1)

Acts 1982, ch. 679, § 10.

§ 64-1-710. Severability — Construction.

(a) If any part, clause, sentence, paragraph or section of this part is held or declared to be unconstitutional or void, it shall not affect the remaining part or parts of this part. It is hereby declared to be the legislative intent to have passed the remainder of the part, notwithstanding any part held to be invalid.
(b) This part shall be deemed to be remedial in nature and shall be liberally construed to effect its purposes.

History (1)

Acts 1982, ch. 679, § 11.

§ 64-1-711. Contracts — Bidding — Conveyances — Appraisals — Bonds and notes.

(a)
1. (1)
  1. (A) Notwithstanding this part to the contrary, all purchases of and contracts for purchases of goods and services or contracts for the conveyance of agency land must be based on competitive bidding, as follows:
  2. (B) The agency shall solicit sealed bids by public notice, setting out in detail the goods and services or agency land to be bid on, published at least twice in a newspaper or newspapers of general circulation in the counties served by the agency. All sealed bids must be opened publicly at the time and place fixed in the public notice; and, in cases involving goods and services, the bidder making the best and lowest bid who is qualified to perform the contract must be awarded the contract, while in cases involving conveyance of agency land, the bidder making the best bid who is qualified to perform the contract must be awarded the contract. Each bid with the name and address of the bidder must be entered on a record, and each record with the names of the bidders, the amount of their bids and the name of the successful bidder must, after the award of the contract, be open for public inspection.
2. (2) This subsection (a) does not apply to any contract for the conveyance of agency land for industrial development. The fair market value of such land, as of the time of the conveyance, shall be determined by at least two (2) independent, qualified appraisers, wholly disconnected from state government or any other legal governmental entity, and such property shall not be conveyed at a figure that is less than the average of the two (2) appraisals. This subsection (a) does not apply to any project submitted by the agency for Tennessee Valley authority approval prior to May 31, 1984.
(b)
1. (1) Notwithstanding this part to the contrary, all notes and bonds of the Tellico Reservoir development agency shall be sold at public sale, at not less than ninety-eight percent (98%) of par value thereof and accrued interest, after not less than three (3) days' advertisement thereof in a newspaper or newspapers of general circulation in the counties served by the agency and in a financial newspaper published in the city of New York, New York or Chicago, Illinois with national circulation. Such notice shall be published at least ten (10) days prior to such sale.
2. (2) No bond or note of the agency shall be issued until a memorandum detailing the bonds or notes to be issued together with a statement as of the beginning of the then current fiscal year, which statement shall show in detail the total outstanding bonds, notes, warrants, refunding bonds and other evidences of indebtedness of the agency, together with the maturity dates thereof, interest rates, special provisions for payment, the project to be funded by the bonds, the current operating financial statement of the agency and any other pertinent financial information, shall be submitted to the comptroller of the treasury or the comptroller's designee for review. The comptroller of the treasury or the comptroller's designee may report thereon to the agency within fifteen (15) days from the date the plan is received and shall immediately acknowledge receipt in writing of the proposed bond issue statement and information. The report thus received by the agency shall be published once in a newspaper of general circulation in the counties served by the agency during the week following its receipt. After receiving the report of the comptroller of the treasury or the comptroller's designee, and after publication of such report, or after the expiration of fifteen (15) days from the date the statement and information is received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the agency may take such action with reference to the proposed bond or note issue as it deems advisable. Such report of the comptroller of the treasury or the comptroller's designee shall also be made a part of the bond transcript.

History (4)

Acts 1984, ch. 913, §§ 2, 3
1985, ch. 142, §§ 1, 2
2010, ch. 868, § 79
2023, ch. 233, § 1.

Part 8 Carroll County Watershed Authority

§ 64-1-801. Creation — Purpose.

(a) There is hereby created the Carroll County watershed authority to exercise the powers granted in this part in and with respect to all of Carroll County.
(b) The Carroll County watershed authority, cited as the “authority” in this part, shall be a body politic and corporate.

Backlinks (1)

4-29-249(a)(10)

History (2)

Acts 1984, ch. 680, § 1
2000, ch. 958, § 1.

§ 64-1-802. Board of directors.

(a) The authority shall be governed by a board of directors consisting of six (6) members appointed by the governor.
(b) Members of the board of directors shall be citizens of Tennessee and residents of Carroll County.
(c) Terms of members of the board shall be six (6) years, except that in the initial appointments two (2) members shall be appointed to two-year terms, two (2) members shall be appointed to four-year terms, and two (2) members shall be appointed to six-year terms.
(d) Vacancies shall be filled by the governor for the unexpired portion of the term.
(e) The board shall elect a chair for a term of two (2) years and such other officers for similar terms as it finds necessary.
(f) Members of the board may be reappointed and officers of the board may be reelected.
(g) The board shall meet at least quarterly in Huntingdon, but may meet at such other times and places as the board may determine. Emergency meetings may be called by the chair on the chair's own initiative or upon petition by a majority of the board.
(h) A quorum of the board, which shall be four (4) members, shall be necessary for the transaction of any business.
(i)
1. (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
2. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (i)(1).

History (2)

Acts 1984, ch. 680, § 2
2020, ch. 662, § 3.

§ 64-1-803. Executive secretary and personnel.

The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this part, and the salary of any such employees may be paid out of such funds as may be available to the authority from any source. The executive secretary shall be the custodian of funds belonging to the authority, and shall keep such records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board.

History (1)

Acts 1984, ch. 680, § 3.

§ 64-1-804. Powers and duties.

(a) The authority is specifically authorized and empowered to do any and all things necessary in forming and executing a plan for the comprehensive development of the resources of Carroll County, including an action in cooperation, when necessary, with appropriate local, state, and federal agencies in the fields of agriculture, forestry, drainage and flood control, land reclamation, electric power utilization, irrigation, water conservation and supply, recreation, public health, manufacturing, and trade. To that end the authority:
1. (1) Shall have succession in its corporate name;
2. (2) May sue and be sued in its corporate name;
3. (3) May adopt and use a corporate seal;
4. (4) May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs;
5. (5) May make contracts and execute instruments containing such terms, provisions and conditions as in the judgment of the board of directors may be necessary, proper or advisable in the exercise of the powers conferred upon it in this section, including, but not limited to, contracts for grants, loans or other assistance from any federal agency and contracts with corporations, associations or individuals for construction work in the furtherance of any development project, and may carry out and perform the terms and conditions of all such contracts or instruments;
6. (6) May acquire by purchase, lease, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary to the exercise of its powers or functions; provided, that acquisition by condemnation is limited to land, rights in land, including leaseholds and easements, and water rights in watersheds of rivers or streams in Carroll County that, if taken for channel improvement along an unimpounded portion of such rivers or streams, lie within the present floodplain of such rivers or streams and, if bordering an impoundment or detention reservoir, lie within two thousand six hundred fifty feet (2,650′) of the nearest point on the maximum shoreline contour of such impoundment. The amount and character of interests in land, rights in land and water rights to be acquired within either of these boundaries shall be determined by the board of directors, which determination shall be final;
7. (7) May:
  1. (A) Issue its bonds, including refunding bonds, from time to time in a total amount not to exceed twelve million dollars ($12,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interests in such land and the development of the resources of Carroll County, and expenses incidental to such development;
  2. (B) Issue refunding bonds which refinance or refund bonds used for any purpose described in subdivision (a)(7)(A);
  3. (C) Secure such bonds by a pledge of all or any part of the revenues that may come to the authority from any source, by a mortgage or deed of trust of the authority's land or any part of such land, or by a combination of the two (2); and
  4. (D) Make such contracts or covenants in the issuance of such bonds as may be necessary to ensure the marketability of the bonds;
8. (8) May arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines;
9. (9) May enter into contracts with municipalities, corporations, other public agencies, or political subdivisions of any kind, or with others for the sale of water from reservoirs in the rivers or streams of Carroll County under its control for municipal, domestic, agricultural or industrial use or any other services, facilities or commodities that the authority may be in a position to supply;
10. (10) May develop reservoirs and shoreline lands for recreational use and provide for their operation or use for this purpose directly or by concessionaires, lessees or vendees of shoreline lands;
11. (11) May sell or lease shoreline lands acquired in connection with development of the rivers or streams of Carroll County for uses consistent with the authority's development plans and subject to such restrictions as the authority deems necessary for reservoir protection and to such requirements as to:
  1. (A) Character of improvements and activities on the lands; and
  2. (B) Time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plans; and
12. (12) May manage or operate reservoirs or shoreline lands of reservoirs owned by the United States under appropriate agreements with the federal agency or agencies having custody and control thereof.
(b) It is recognized that parts of Carroll County are within the watersheds of the Obion and Forked Deer Rivers. Nothing in this section or this part should be construed as giving the Carroll County watershed authority power that conflicts with the power of the West Tennessee basin authority created by part 11 of this chapter. In the event of any disagreement between these two (2) agencies over activities in the Obion or Forked Deer River Basins, the determination of the West Tennessee River basin authority shall prevail.
(c) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.

History (5)

Acts 1984, ch. 680, § 4
2000, ch. 958, §§ 2-5
2008, ch. 970, § 1
2014, ch. 577, § 1
2020, ch. 662, §§ 4, 5.

§ 64-1-805. Eminent domain.

(a) The authority's power of eminent domain may be exercised under title 29, chapter 16 or pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain.
(b)
1. (1) At any time on or after the filing of a petition for condemnation of property and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or part of the property described in the petition is being taken for the use of the authority. The declaration of taking shall be sufficient if it sets forth:
  1. (A) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof;
  2. (B) A statement of the estate or interest in property being taken; and
  3. (C) A statement of the sum of money estimated by the authority to be just compensation for the property taken.
2. (2) At any time prior to the vesting of title to property in the authority, the authority may withdraw or dismiss its petition with respect to any and all of the property described in the petition.
(c) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the authority, free from the right, title, interest or lien of all parties to the cause. The property shall be deemed to be condemned and taken for the use of the authority, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing except upon good cause shown, on which the persons in possession shall be required to surrender possession to the authority.
(d) The ultimate amount of compensation shall be determined pursuant to title 29, chapter 16. If the amount so fixed exceeds the amount so deposited in the court by the authority or otherwise paid to the persons entitled to compensation, the court shall enter judgment against the authority in the amount of such deficiency, together with interest at the legal rate on such deficiency from the date of the vesting of title to the date of entry of the final judgment, subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the authority; and the court shall order the authority to deposit the amount of such deficiency in court. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceedings. Interest shall not be allowed on so much of the just compensation as has been paid into court with the declaration of taking. In case the amount deposited in court by the authority as the estimated compensation for the property exceeds the amount of the final award or judgment, such excess shall be returned to the authority.
(e) As an alternative to the procedure provided in subsections (a)-(d), the authority may file in the court where condemnation proceedings of the authority are pending, an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, order that a writ of possession issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.

History (1)

Acts 1984, ch. 680, § 5.

§ 64-1-806. Exemption from taxation.

During the time that title to land or rights in land are held by the authority, they are exempt from all taxes levied by the state or any of its political subdivisions or instrumentalities of either; and all other property and activities of the authority are similarly exempt.

History (1)

Acts 1984, ch. 680, § 6.

§ 64-1-807. Cooperation of state agencies.

All agencies of the state are hereby authorized, empowered and directed to extend their cooperation and assistance to the authority in the formulation and implementation of its program of development.

History (1)

Acts 1984, ch. 680, § 7.

§ 64-1-808. Cooperation with Tennessee Valley authority and other agencies — Reports.

The authority is further authorized to:
1. (1) Cooperate with the Tennessee Valley authority in a study of engineering works as part of plans for comprehensive development of the streams and rivers of Carroll County and in a study of the economic effects of such works in terms of agricultural production, industrial locations, trade, land values and county and state tax revenues;
2. (2) Ascertain the availability of, and to obtain to the extent possible, commitments from local interests for financial contributions toward the cost of constructing, operating and maintaining such works;
3. (3) Negotiate with the Tennessee Valley authority regarding assistance by that agency in planning and financing such works;
4. (4) Report to the governor on plans that may be developed for constructing, operating and maintaining the projects, including recommendations for further legislation to put such plan into effect; and
5. (5) Cooperate with other groups authorized to investigate state participation in federal water projects.

History (2)

Acts 1984, ch. 680, § 8
2000, ch. 958, § 7.

§ 64-1-809. Local contributions to authority — Tax levy.

(a) Carroll County and any city or town in Carroll County are hereby authorized and empowered to contribute to the work of the Carroll County watershed development authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, approve to be paid from the general fund of the respective county or city.
(b) The county legislative bodies and governing bodies of such cities or towns are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes.

History (2)

Acts 1984, ch. 680, § 9
2000, ch. 958, § 6.

§ 64-1-810. Lake Halford.

(a) Notwithstanding this part to the contrary, this section is applicable to the lake located in Carroll County heretofore known as Carroll County 1,000 Acre Lake, and which on and after April 29, 2022, is hereby renamed and known as Lake Halford.
(b) The responsibility for the administration of Lake Halford under this part is transferred from the authority to the Tennessee wildlife resources agency.
(c) All powers and duties of the authority under this part, with respect to Lake Halford, are transferred to and must be exercised and performed by the Tennessee wildlife resources agency.
(d) All powers and duties of the executive secretary under this part, with respect to Lake Halford, are transferred to and must be exercised by the executive director of the Tennessee wildlife resources agency.
(e)
1. (1) The Tennessee wildlife resources agency shall:
  1. (A) Appear before the finance, ways and means committees of the house of representatives and the senate to present an overview of the budget for administering the Lake Halford in accordance with this section, including both income and expenditures related to the administration of the lake; and
  2. (B) File a copy of the budget for administering the Lake Halford with the finance, ways and means committees of the house of representatives and the senate, and the legislative librarian.
2. (2) The Tennessee wildlife resources agency shall present and file the budget for administering Lake Halford no later than February 1 of each year.

Backlinks (1)

70-1-302(l)

History (1)

Acts 2022, ch. 962, § 1.

Part 9 [Repealed]

§ 64-1-901. [Repealed]

History (2)

Acts 1991, ch. 308, § 1
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-902. [Repealed]

History (4)

Acts 1991, ch. 308, § 1
1995, ch. 407, § 3
2020, ch. 666, § 3
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-903. [Repealed]

History (3)

Acts 1991, ch. 308, § 1
2020, ch. 666, § 4
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-904. [Repealed]

History (2)

Acts 1991, ch. 308, § 1
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-905. [Repealed]

History (2)

Acts 1991, ch. 308, § 1
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-906. [Repealed]

History (2)

Acts 1991, ch. 308, § 1
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-907. [Repealed]

History (2)

Acts 1991, ch. 308, § 1
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

§ 64-1-908. [Repealed]

History (2)

Acts 1991, ch. 308, § 1
repealed by Acts 2022, ch. 731, § 2, effective March 24, 2022.

Part 11 West Tennessee River Basin Authority

§ 64-1-1101. Creation — Purpose.

(a) There is created and established within the department of environment and conservation, the West Tennessee River basin authority, referred to as the “authority” in this part.
(b) The authority is created to preserve the natural flow and function of the Hatchie, Loosahatchie, Obion and Forked Deer River basins through environmentally sensitive stream maintenance. The authority shall also seek to:
1. (1) Maintain or stabilize the function of altered streams and rivers for which the expectation of altered drainage is well established because of agricultural or other land uses and for which the restoration of natural stream or river function is not practicable;
2. (2) Restore, where practicable, in a self-sustaining manner, natural stream and floodplain dynamics and associated environmental and economic benefits; i.e., restore and conserve fisheries and wildlife habitat, wetlands, water quality and naturally or economically productive bottom land hardwood systems;
3. (3) Facilitate the proper interaction of private activities adjacent to or affecting public waters that may be negatively affecting those waters; and
4. (4) In general, provide regional and local leadership for the conservation and sustainable utilization of these river basins and the creek and river basins that flow through the counties of Benton, Decatur and Hardin into the Tennessee River.
(c) These activities shall be accomplished in the twenty-county area of West Tennessee comprised of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, McNairy, Tipton, Fayette and Hardeman counties.
(d) The authority shall be administered in such a way as to maximize the funds spent on actual work on the rivers and minimize administrative costs.
(e) As an agency of the state, attached to the department, the authority shall be subject to all laws and regulations applicable to any state department.
(f) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.

Backlinks (1)

4-29-249(a)(45)

History (4)

Acts 1996, ch. 890, § 2
2003, ch. 199, §§ 1, 2
2007, ch. 569, § 1
2020, ch. 667, § 4.

§ 64-1-1102. Board of directors.

(a)
1. (1) The West Tennessee River basin authority, under the administrative control of the department of environment and conservation, shall be governed and directed by a board of directors consisting of the following members:
  1. (A) The county mayor of each county electing to participate in the authority shall be a member of the board or, if the county mayor recommends, the county legislative body may select a member of the county legislative body or another citizen of the county to serve instead of the county mayor;
  2. (B) The commissioner of agriculture or a designee;
  3. (C) One (1) member who is a supervisor of a soil and water conservation district in the participating counties, as established under the Soil and Water Conservation Districts Law, compiled in title 43, chapter 14, part 2, to be appointed by the governor from a list of nominees submitted by interested soil conservation groups including, but not limited to, the Tennessee Association of Soil Conservation Districts. The term of this member shall coincide with the supervisor's term of office;
  4. (D) Two (2) members of the house of representatives representing part of the area to which this part applies, to serve on the board during that representative's term of office, to be appointed by the speaker of the house of representatives from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the house of representatives shall appoint two (2) members from that political party;
  5. (E) Two (2) members of the senate representing part of the area to which this part applies, to serve on the board during that senator's term of office, to be appointed by the speaker of the senate from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the senate shall appoint two (2) members from that political party;
  6. (F) The commissioner of environment and conservation or a designee;
  7. (G) The executive director of the wildlife resources agency or a designee;
  8. (H) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested forestry groups including, but not limited to, the Tennessee Forestry Association;
  9. (I) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested conservation groups including, but not limited to, the Tennessee Wildlife Federation; and
  10. (J) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau.
2. (2) The governor shall consult with the interested groups described in subdivision (a)(1) to determine qualified persons to fill the positions on the board.
(b) Annually, at its first meeting of the year, the board shall elect a chair, vice chair and a secretary-treasurer and shall set a regular time and place for meetings of the board.
(c) Members of the board shall serve without compensation except reimbursement as provided by state travel regulations for travel expenses incurred in the performance of their official duties.
(d) The terms of the members of the board that are appointed by the governor pursuant to subsection (a) shall be six (6) years. Such members shall serve until a successor is appointed.
(e)
1. (1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
2. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (e)(1).

History (8)

Acts 1996, ch. 890, § 3
2003, ch. 90, § 2
2003, ch. 199, § 4
2007, ch. 569, § 2
2014, ch. 580, § 3
2016, ch. 699, §§ 1, 2
2020, ch. 667, § 3
2021, ch. 203, § 18.

§ 64-1-1103. Powers and duties.

The powers, duties and functions of the board are as follows:
1. (1) Enter into contracts and cooperative agreements with state, federal and local governments, with agencies of such governments, with private individuals and corporations and with associations and organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part. This authority includes, without limitation, the power to contract and make cooperative arrangements with the adjoining state of Kentucky, including cities, counties and other public agencies within the state, for planning, land purchase and acquisition, construction, operation and maintenance of all works related to water resources development, conservation and open space. It is the intent of this subdivision (1) that the authority have full powers to operate across state lines subject only to contractual agreements with private, governmental and public bodies and agencies;
2. (2) Adopt, amend and repeal bylaws;
3. (3) Appoint and define duties and compensation of a program manager and other such agents as the board deems necessary to transact its business;
4. (4) Accept grants, funds and other assistance from any and all governmental agencies, private agencies and individuals and to spend these in behalf of the authority programs;
5. (5) Set policy for the authority, including identifying projects, the priority of work and allocating how the budget will be spent;
6. (6) Delegate any of its powers and duties to the staff assigned to it within the department;
7. (7) Investigate all water and related resources of the Hatchie, Obion and Forked Deer River basins with regard to flow, hindrances to flow and health of bottomland hardwoods;
8. (8) Conduct planning for maintenance and restoration of flow and floodplain dynamics of the Hatchie, Obion and Forked Deer River basins. Such planning shall include the order in which specific projects will be commenced. It may also include the prevention of upland soil erosion through such projects as gully and road bank treatment, cropland conversion and accelerated conservation and treatment of grasslands and forests. Such plan formulation must take into account the plans and proposals already prepared by local, state and federal agencies dealing with water control, conservation and related land development;
9. (9) Prepare preliminary architectural and engineering plans for specific works;
10. (10) Execute contracts with existing agencies involved in regional planning and development for providing combined staffs and operating personnel, including the United States corps of engineers, United States soil conservation service and development districts organized under the Development District Act of 1965, compiled in title 13, chapter 14;
11. (11) Prepare detailed architectural and engineering plans and specifications for specific projects and works related to water resources or flood plains, if needed and appropriate; however, many of the projects should be accomplished without detailed engineering plans and specifications as they will involve only the removal of minor blockages, beaver dams or similar actions;
12. (12) Arrange with any city, county, state or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways and utility lines, but the authority is not responsible for the maintenance, construction or removal of roads, highways, bridges or utility lines;
13. (13) Acquire by purchase or by gift all land and facilities within the area needed for construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, recreation, fish and wildlife and open space. Interest in land may be acquired, including leasehold interest, and the authority may hold, mortgage or otherwise encumber, sell, lease or sublease such land. During the time that title to such property is held in public ownership, it is exempt from all taxes levied by the state and all political subdivisions thereof, and all other property and activities of the authority are similarly exempt;
14. (14) The power of eminent domain in behalf of authority purposes shall, within their discretion, be exercised by cities and counties within the area. The governing bodies of cities and counties are hereby authorized through the power of eminent domain to acquire all lands and facilities within the area needed for construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, recreation, fish and wildlife and open space. Interest in land may be acquired, including leasehold interest, and such may be held, mortgaged or otherwise encumbered, sold, leased or subleased in behalf of authority purposes. The power of eminent domain may be exercised by the governing bodies of the cities and counties within the area under title 29, chapter 17, and shall include the power to condemn water rights, easements and any other interest in real estate. During the time that title to such property is held in public ownership, it is exempt from all taxes levied by the state and all political subdivisions thereof;
15. (15) Build, construct, operate, manage, lease and maintain all works, facilities and programs needed for water controls, channel improvements, navigation, drainage, irrigation, water conservation, water quality, water supply, recreation, fish and wildlife and open space;
16. (16) Obtain funds from county governments for purposes of planning, acquisition of land and facilities, and construction, operation, management and maintenance of all works, facilities and programs particularly required by such county or counties. County governments are empowered, but are not required, to impose taxes to accomplish these programs. Such taxes, if imposed, shall be upon all real property lying within the Obion-Forked Deer Rivers basin area watersheds as situated in the respective counties and drained by the Obion-Forked Deer Rivers and their tributaries, and such tax shall be imposed on that property determined by the county as benefiting from the works of improvement and programs of the authority;
17. (17) Fix, levy and collect fees, rents, tolls or other charges for the use of or in connection with any works or programs that are administered by the authority and in the event any agreements with holders of bonds shall be made as provided in this part, to fix, levy and collect such fees, rents, tolls and other charges in accordance with such agreements and subject thereto; and
18. (18) All moneys raised by the imposition of ad valorem taxes or by county appropriations shall be deposited with the state treasurer for the operation of the authority; and interest on such funds held for capital outlay shall accrue to the benefit of the authority and shall be carried forward when necessary as with other capital outlay funds. All funds deposited with the state treasurer shall be reported as expendable receipts; however, in the event that any funds raised by ad valorem taxes or by county appropriations remain in an account with the state treasurer for the authority as of June 30 of any fiscal year, it is the intent that such remaining funds shall not revert to the state treasurer, but shall be carried forward for subsequent use in the operations of the authority. The commissioner of finance and administration shall prescribe an equitable procedure for determining the amounts of any remaining funds, such procedure to be approved by the comptroller of the treasury and the board of directors of the Obion-Forked Deer basin authority.

History (5)

Acts 1976, ch. 448, § 3
1980, ch. 588, §§ 1, 2
1980, ch. 604, §§ 4, 6
T.C.A., § 64-1-403
Acts 1996, ch. 890, §§ 11-20.

§ 64-1-1104. Financing.

(a)
1. (1) The counties are hereby authorized to levy a tax or by general appropriation to raise funds to provide for the operation of the authority, including, but not limited to, costs of administration, engineering, program development, land acquisition, capital costs and bond financing and amortization. For that purpose, participating counties are hereby authorized to levy on property within the area an ad valorem tax not to exceed three cents (3¢) per each one hundred dollars ($100) of assessed valuation for the purpose of funding such project.
2. (2) It is the duty of the trustee or collector of property tax revenues of each participating county to collect such funds due on an annual basis resulting from such tax and deposit the same in an account of the authority. The funds shall be available for expenditures by the authority for the purposes provided for by this part.
3. (3) It is the duty of the assessor of property of each participating county to determine the properties that lie within the Hatchie, Obion and Forked Deer River basins for purposes of taxation, such determination of property and ownership to be a matter of public record, from which the trustee or collector shall perform such person's duty as outlined in this section.
4. (4) All of the procedures and penalties as apply to local property taxation by counties and municipalities in Tennessee, except as otherwise stated in this part, apply, including the collection and use of funds as described in this section. The tax levy on properties as provided in this section shall become operative and effective immediately upon the first annual assessment date for the counties after the adoption of the resolution of the county governing body levying such tax as now provided for by general statutes of Tennessee.
(b) The state is hereby authorized to issue bonds, if required, in and above direct financing, for the cost of operations of the authority, including, but not limited to, costs of administration, engineering, program development, land acquisition and capital costs and to enter into agreements with counties to participate in bond financing to complete the program and project in its entirety as projected and planned for the Hatchie, Obion, and Forked Deer River basins by the authority. Any bond issue for the cost of operations, wherein the general obligation of the state is attached must first be approved by the general assembly and provision made for amortization of both principal and interest for a period not to exceed forty (40) years.
(c) Each municipality within the area is hereby authorized and empowered to contribute to the work of the authority any amount or amounts that its respective governing bodies, acting in its sole discretion, shall approve to be paid from the general fund of the respective municipality. Municipalities are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal public purposes, not to exceed three cents (3¢) per each one hundred dollars ($100) of assessed valuation of the property taxed.

History (4)

Acts 1976, ch. 448, § 4
1980, ch. 604, § 5
T.C.A., § 64-1-404
Acts 1996, ch. 890, §§ 21-24.

§ 64-1-1105. Annual reports.

The board of directors of the authority shall report annually as of June 30 of each fiscal year to the governing bodies of the various counties, cities and towns in the area that have contributed financially to the operation of the authority. Such reports shall include statements of financial receipts and expenditures, and a summary of activities and accomplishments for the period and proposed plans for the next fiscal year and for subsequent years.

History (1)

Acts 1996, ch. 890, § 4.

§ 64-1-1106. Preexisting and independent projects.

(a) Nothing in this part shall be construed as interfering with existing contracts or works of improvements currently under way by state and local governments or with works of improvements that are undertaken independently of the authority and the state.
(b) The authority shall be the state agency that is responsible for carrying out the state's obligations under any easements given by landowners to the Obion-Forked Deer basin authority as required by the West Tennessee tributaries project of the United States army corps of engineers.

History (1)

Acts 1996, ch. 890, § 5.

§ 64-1-1107. Cooperation with county soil and water conservation districts.

The authority shall develop its program and plans for implementation in close cooperation with existing county soil and water conservation districts as established under the Soil and Water Conservation Districts Law, compiled in title 43, chapter 14, part 2, and it is the intent of this part that such districts be joint sponsors of individual projects or works of improvements as related to small watersheds in individual counties.

History (2)

Acts 1996, ch. 890, § 6
2021, ch. 203, § 19.

§ 64-1-1108. Cooperation from state agencies.

All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation of its program.

History (1)

Acts 1996, ch. 890, § 7.

§ 64-1-1109. Election to participate.

(a) This part applies only to the counties of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, Tipton, Hardeman, Fayette and McNairy, which may, upon approval by a majority vote of the respective county legislative bodies, elect to participate in such programs as set out in this part; and, in the event such an election is made, this part applies to all counties making such an election.
(b) If any of such counties have previously elected to participate in, and have not withdrawn from, the programs of the Obion-Forked Deer Basin authority established by Acts 1972, ch. 806 or by Acts 1976, ch. 448, as amended, no further election shall be necessary to become a participating county in the authority created by this part; and such status as a participating county shall carry over and apply to the authority and its programs provided for in this part.

History (2)

Acts 1996, ch. 890, § 8
2003, ch. 199, § 3.

§ 64-1-1110. Budgetary limitations.

It is the legislative intent, hereby declared, that the purposes of this part shall be carried out subject to the availability of funds with which to do so and that this part shall not be implemented beyond budgetary limitations.

History (1)

Acts 1996, ch. 890, § 9.

§ 64-1-1111. Relation to existing laws — Construction of part.

(a) This part shall be considered supplemental and additional to any and all other laws and confers sufficient authority in and of itself for the purposes set forth in this part.
(b) This part shall be liberally construed to effectuate its purpose.

History (1)

Acts 1996, ch. 890, § 10.

Chapter 2 Railroad Authorities

Part 1 North East Tennessee Railroad Authority

§ 64-2-101. Creation — Purpose.

(a) There is hereby created the North East Tennessee railroad authority in the counties of Anderson, Campbell and Scott.
(b) This authority is intended to secure economic benefits to the counties of Anderson, Campbell and Scott, by providing for the continuation of railroad service in Anderson, Campbell and Scott counties.

History (1)

Acts 2005, ch. 396, § 2.

§ 64-2-102. Effective date.

This part shall take effect when:
1. (1) Two (2) or more of the counties of Anderson, Campbell, and Scott are authorized, by a vote of two-thirds (⅔) of their respective governing bodies, to become members of the authority;
2. (2) Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county certified by that presiding officer to the secretary of state; and
3. (3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority.

Backlinks (1)

64-2-104(2)(A)

History (1)

Acts 2005, ch. 396, § 3.

§ 64-2-103. Powers.

(a) Within the region of the authority, the authority may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the railroad service mentioned in this subsection (a), provide any other rail service in the region as the rail service is needed and feasible.
(b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this part, in connection with the acquisition, construction, operation and maintenance of the properties and facilities, are declared to be public and corporate purposes and matters of public necessity.
(c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.

Backlinks (1)

64-2-106(a)(1)

History (1)

Acts 2005, ch. 396, § 4.

§ 64-2-104. Organization and operation — Board of directors — Officers and employees.

The organization of the authority shall be as follows:
1. (1) The authority shall be governed by a board of directors;
2. (2) Membership of the board of directors shall consist of:
  1. (A) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-102; and
  2. (B) One (1) member to be selected by the governing body of each county becoming a member of the authority. The term of each selected member shall be prescribed by the governing body making the selection;
3. (3)
  1. (A) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until the member's successor has been duly elected, as provided in this section;
  2. (B) In the event of the death or resignation of a member, or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board, within thirty (30) days of the event; and
  3. (C) Any person at least twenty-five (25) years of age, who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding such person's election, shall be eligible to serve as a member. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in such office;
4. (4) Before entering upon their duties, all directors shall take and subscribe to the oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
5. (5)
  1. (A) A majority of the directors shall constitute a quorum and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains. Within thirty (30) days after their election, as provided in this section, the directors shall hold a meeting to elect a chair. The directors shall hold meetings at such times and places as the directors may determine;
  2. (B) Special meetings may be called and held, upon such notice and in such manner as the board may, by resolution, determine. Except as otherwise expressly provided, the board shall establish its own rules of procedure;
6. (6) The directors shall designate a secretary and a treasurer, or one (1) person as secretary-treasurer, and such person need not be a director. The secretary shall attend all regular and special meetings and keep minutes of the meetings. The minutes of meetings shall be available for inspection by the public at the office of the authority, at all reasonable times;
7. (7)
  1. (A) The board, by resolution, shall require the treasurer or the secretary-treasurer, to execute a bond with an approved corporate surety, in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state;
  2. (B) The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine;
8. (8) All directors shall serve without compensation, but may receive any per diem allowance that may be appropriated by the governing body of the county electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority;
9. (9) The directors shall be indemnified by the authority for any liability the directors might incur while acting in such capacity, other than for culpable negligence; and
10. (10) Except as otherwise provided in this section, the directors shall be removable only for good cause, and after preferment of charges, as provided by law for county officers.

History (1)

Acts 2005, ch. 396, § 5.

§ 64-2-105. Employees, professional staff and advisors.

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees, as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.

History (1)

Acts 2005, ch. 396, § 6.

§ 64-2-106. Powers and duties of directors.

(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions:
1. (1) To acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve, within the boundaries of the authority, the properties and facilities described in § 64-2-103 and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
2. (2) To accept donations to the authority of cash, lands or other property to be used in the furtherance of the purposes of this part;
3. (3) To accept grants, loans or other financial assistance from any federal, state, county or municipal agency or other aid for the acquisition or improvement of any of the facilities of the authority;
4. (4) To purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purposes of the authority;
5. (5) To acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
6. (6)
  1. (A) To make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable, for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
  2. (B) To make all other contracts and execute all other instruments, including, but not limited to, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under the authority's jurisdiction and the construction, operation, maintenance, repair and improvement of the property and facilities, as, in the judgment of the board of directors, may be necessary, proper or advisable for the furtherance of the purposes of this part, and the full exercise of the powers granted in this section; and
  3. (C) To carry out and perform the covenants, terms and conditions of all such contracts or instruments;
7. (7) To establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under the authority's jurisdiction and for services that the authority may render;
8. (8) To enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
9. (9) To promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
10. (10) To do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under the authority's jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.

History (1)

Acts 2005, ch. 396, § 7.

§ 64-2-107. Eminent domain.

(a) The authority is hereby authorized and empowered to condemn in the name of the authority any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, title shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with a clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.

History (1)

Acts 2005, ch. 396, § 8.

§ 64-2-108. Funds and funding.

The authority has the following powers with respect to finance and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters:
1. (1)
  1. (A) To borrow money for any of the authority's corporate purposes and issue bonds for the authority's corporate purposes, including refunding bonds, in such form and upon such terms as the authority may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale;
  2. (B) Revenue bonds may be issued for the purposes set out in subdivision (1), and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change, except in such manner as is provided in such lease or contract;
  3. (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision of the state other than the authority and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally on the bonds by reason of the issuance of the bonds;
  4. (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers, after authorization but before the delivery of the bonds, their signatures shall be valid and sufficient for all purposes;
  5. (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable;
  6. (F) Any bond reciting, in substance, that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes;
  7. (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes; and
  8. (H) With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
2. (2) To receive funds from county or city governments for the purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part.

History (1)

Acts 2005, ch. 396, § 9.

§ 64-2-109. Operating revenues.

(a) The revenues derived from the operation of the properties and facilities authorized, and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities, shall be applied and used as follows:
1. (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; and
2. (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government.
(b) Any revenue or proceeds remaining, after all the items listed in subsection (a) have been provided for, shall be held and used for the further development of, and for additions to, the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(c) Nothing in this section shall be construed to authorize the authority to administer this section in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for, and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.

History (1)

Acts 2005, ch. 396, § 10.

§ 64-2-110. Contracts.

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five thousand dollars ($5,000) or for construction, installation, repair or improvement of the property or facilities involving more than five thousand dollars ($5,000) shall be made, except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.

History (1)

Acts 2005, ch. 396, § 11.

§ 64-2-111. Annual report.

(a) The board shall report annually to the department of transportation and to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures, statements from operators, a summary of activities and accomplishments for the period and proposed plans for the next year and subsequent years.

History (1)

Acts 2005, ch. 396, § 12.

§ 64-2-112. Audit of operations.

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.

History (1)

Acts 2005, ch. 396, § 13.

§ 64-2-113. Liberal construction.

(a) This part is remedial in nature and shall be liberally construed to effect its purposes of:
1. (1) Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority;
2. (2) Encouraging utilization of the natural resources within the boundaries of the authority; and
3. (3) Promoting the growth and development of commerce and industry in the counties and cities.
(b) Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.

History (1)

Acts 2005, ch. 396, § 14.

§ 64-2-114. Part supplemental to other laws.

The powers, authority and rights conferred by this part are in addition and supplemental to, and the limitations imposed by this part do not affect the powers conferred by, any other general, special or local law.

History (1)

Acts 2005, ch. 396, § 15.

Part 2 South Central Tennessee Railroad Authority

§ 64-2-201. Creation — Purpose.

(a) There is hereby created the South Central Tennessee railroad authority in the counties of Dickson, Hickman, Lewis, Perry and Wayne.
(b) This authority is intended to secure economic benefits to Dickson, Hickman, Lewis, Perry and Wayne counties and to the cities of Centerville, Dickson, Hohenwald, Linden and Waynesboro by providing for the continuation of railroad service in Dickson, Hickman and Lewis counties.

Backlinks (1)

4-29-249(a)(25)

History (2)

Acts 1977, ch. 479, § 1
T.C.A., §§ 65-3101, 66-2-201.

§ 64-2-202. Effective date.

This part shall take effect when:
1. (1) Three (3) or more of the counties of Dickson, Hickman, Lewis, Perry, and Wayne and the cities of Dickson, Centerville, and Hohenwald are authorized by a vote of two-thirds (⅔) of their respective governing bodies to become members of the authority;
2. (2) Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that officer to the secretary of state;
3. (3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority; and
4. (4) Action taken by a county or city identified in subdivision (1) to become a member of the authority prior to the effective date of this act remains effective and further action is not required by such county or city. Only cities and counties identified in subdivision (1) are authorized to be members of the authority.

Backlinks (2)

History (3)

Acts 1977, ch. 479, § 17
T.C.A., §§ 65-3102, 66-2-202
Acts 2024, ch. 668, §§ 1, 2.

§ 64-2-203. Powers.

(a) Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment, and may, in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible.
Backlinks (1)
- 64-2-206(a)(1)
(b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this part, in connection therewith, are declared to be public and corporate purposes and matters of public necessity.
(c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.

History (2)

Acts 1977, ch. 479, §§ 1, 2, 12
T.C.A., §§ 65-3103, 66-2-203.

§ 64-2-204. Organization and operation — Board of directors — Officers and employees.

The organization of the authority shall be as follows:
1. (1) The authority shall be governed by a board of directors;
2. (2) Membership of the board of directors shall consist of:
  1. (A) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-202;
  2. (B) The mayor of each city becoming a member of the authority, in accordance with § 64-2-202; and
  3. (C) A county mayor of a county that is a member of the authority may select and appoint one (1) additional member, and a city mayor of a city that is a member of the authority may select and appoint one (1) additional member. The term of each selected and appointed member must be prescribed by the county or city mayor making the appointment. A mayor has the right to terminate the term of a member appointed by the mayor or the mayor's predecessor;
3. (3)
  1. (A) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until the member's successor has been duly elected as provided in this section;
  2. (B) In the event of the death or resignation of a member or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event;
  3. (C) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding such person's election shall be eligible to serve as a member. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in such office;
4. (4) Before entering upon their duties, all directors shall take and subscribe to the oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
5. (5)
  1. (A) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains. Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair. The directors shall hold meetings at such times and places as the directors may determine;
  2. (B) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure;
6. (6) The directors shall designate a secretary and a treasurer or one (1) person as secretary-treasurer, and such person need not be a director. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of meetings shall be available for inspection by the public at the office of the authority at all reasonable times;
7. (7)
  1. (A) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety, in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state;
  2. (B) The board, by resolution, may require all other subordinate officers or employees, to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine;
8. (8) All directors shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority;
9. (9) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and
10. (10) Except as otherwise provided in this section, the directors shall be removable only for good cause and after preferment of charges, as provided by law for county officers.

History (8)

Acts 1977, ch. 479, § 3
impl. am. Acts 1978, ch. 934, §§ 16, 22, 36
T.C.A., § 65-3104
Acts 1979, ch. 135, § 1
T.C.A., § 66-2-204
Acts 1994, ch. 596, § 3
2003, ch. 90, § 2
2024, ch. 668, § 3.

§ 64-2-205. Employees, professional staff and advisors.

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.

History (2)

Acts 1977, ch. 479, § 4
T.C.A., §§ 65-3105, 66-2-205.

§ 64-2-206. Powers and duties of directors.

(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions:
1. (1) To acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-203(a), and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
2. (2) To accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part;
3. (3) To accept grants, loans or other financial assistance from any federal, state, county or municipal agency or other aid for the acquisition or improvement of any of the facilities of the authority;
4. (4) To purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purpose of the authority;
5. (5) To acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
6. (6)
  1. (A) To make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
  2. (B) To make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust and other agreements relating to property and facilities under its jurisdiction and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part and the full exercise of the powers granted in this section; and
  3. (C) To carry out and perform the covenants, terms and conditions of all such contracts or instruments;
7. (7) To establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction and for services that it may render;
8. (8) To enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
9. (9) To promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
10. (10) To do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.

History (2)

Acts 1977, ch. 479, §§ 5, 6
T.C.A., §§ 65-3106, 66-2-206.

§ 64-2-207. Eminent domain.

(a) The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. The condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with a clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, deems proper and just.

History (2)

Acts 1977, ch. 479, § 7
T.C.A., §§ 65-3107, 66-2-207.

§ 64-2-208. Funds and funding.

The authority has the following powers with respect to finance and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters:
1. (1)
  1. (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale;
  2. (B) Revenue bonds may be issued for the above purposes, and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in such lease or contract;
  3. (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof;
  4. (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before the delivery of the bonds, their signatures shall be valid and sufficient for all purposes;
  5. (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable;
  6. (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes;
  7. (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes;
  8. (H) With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
2. (2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part.

History (6)

Acts 1977, ch. 479, §§ 8, 14
T.C.A., § 65-3108
Acts 1979, ch. 135, § 2
T.C.A., § 66-2-208
Acts 1989, ch. 403, § 7
2005, ch. 396, § 16.

§ 64-2-209. Operating revenues.

(a) The revenues derived from the operation of the properties and facilities authorized, and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities, shall be applied and used as follows:
1. (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; and
2. (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government.
(b) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(c) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.

History (2)

Acts 1977, ch. 479, § 10
T.C.A., §§ 65-3109, 66-2-209.

§ 64-2-210. Contracts.

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than ten thousand dollars ($10,000), or for construction, installation, repair or improvement of the property or facilities involving more than ten thousand dollars ($10,000) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.

History (3)

Acts 1977, ch. 479, § 11
T.C.A., §§ 65-3110, 66-2-210
Acts 2024, ch. 668, § 4.

§ 64-2-211. Annual report.

(a) The board shall report annually to the department of transportation and to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures, statements from operators, a summary of activities and accomplishments for the period and proposed plans for the next year and subsequent years.

History (3)

Acts 1977, ch. 479, § 9
T.C.A., §§ 65-3111, 66-2-211
Acts 1987, ch. 149, § 3.

§ 64-2-212. Audit of operations.

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section, for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.

History (3)

Acts 1977, ch. 479, § 9
T.C.A., §§ 65-3112, 66-2-212
Acts 2005, ch. 396, § 18.

§ 64-2-213. Liberal construction.

This part is remedial in nature and shall be liberally construed to effect its purposes of promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority; encouraging utilization of the natural resources therein; and promoting the growth and development of commerce and industry in the counties and cities. Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.

History (2)

Acts 1977, ch. 479, § 16
T.C.A., §§ 65-3113, 66-2-213.

§ 64-2-214. Part supplemental to other laws.

The powers, authority and rights conferred by this part are in addition and supplemental to, and the limitations imposed by this part do not affect the powers conferred by any other general, special or local law.

History (2)

Acts 1977, ch. 479, § 13
T.C.A., §§ 65-3114, 66-2-214.

Part 3 Tri-County Railroad Authority

§ 64-2-301. Creation — Purpose.

(a) There is hereby created the Tri-county railroad authority in the counties of Coffee, Warren and White.
(b) This authority is intended to secure economic benefits to the above counties and to the cities of Manchester, Doyle, McMinnville, Morrison, Tullahoma and Sparta by providing for the continuation of railroad service in Coffee, Warren and White counties.

Backlinks (2)

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 1
T.C.A., § 66-2-301.

§ 64-2-302. Effective date.

This part shall take effect when:
1. (1) Two (2) or more of the counties of Coffee, Warren and White and the cities of Manchester, Doyle, McMinnville, Morrison, Tullahoma and Sparta are authorized by a majority vote of their respective governing bodies to become members of the authority;
2. (2) Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that presiding officer to the secretary of state; and
3. (3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority.

Backlinks (2)

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 16
T.C.A., § 66-2-302.

§ 64-2-303. Powers.

(a) Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment, and may in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible.
Backlinks (2)
- 64-2-306(a)(1)
- 64-2-307(a)
(b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this section, in connection therewith, are declared to be public and corporate purposes and matters of public necessity.
(c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this section, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use, and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 1, 2, 12
T.C.A., § 66-2-303.

§ 64-2-304. Organization and operation — Board of directors — Officers and employees.

The organization of the authority shall be as follows:
1. (1) The authority shall be governed by a board of directors;
2. (2) Membership of the board of directors shall consist of:
  1. (A) The county judge or county mayor of each county becoming a member of the authority, in accordance with § 64-2-302;
  2. (B) The mayor of each city becoming a member of the authority, in accordance with § 64-2-302;
  3. (C) One (1) member to be selected by the governing body of each county and city becoming members of the authority. The term of each selected member shall be prescribed by the governing body making the selection; and
  4. (D) The county mayor and the mayor of each city whose governing body is a member of the authority may select a representative to the board of directors to serve in their respective steads. Any such person selected shall otherwise meet the requirements of subdivision (3)(C) and shall be approved by, and each person's term prescribed by, the governing body of the respective county or city, except the term of the person selected shall not extend past the remaining term of the elected official who selected the person. The person selected and approved by the respective governing body shall serve on the board of directors in the place of the official who selected the person and in all respects shall have the full powers and duties of a member of the board;
3. (3)
  1. (A) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until the member's successor has been duly elected as provided in this section;
  2. (B) In the event of the death or resignation of a member of the board or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event;
  3. (C) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding such person's election is eligible to serve as a member of the board of directors of the authority. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in such office;
4. (4) Before entering upon their duties, all directors shall take and subscribe to an oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
5. (5)
  1. (A) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains. Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair. The directors shall hold meetings at such times and places as the directors may determine;
  2. (B) Special meetings may be called and held upon such notice and in such manner as the board may by resolution determine. Save as otherwise expressly provided, the board of directors shall establish its own rules of procedure;
6. (6) The directors shall designate a secretary and a treasurer, or one (1) person as secretary-treasurer, and such person need not be a director. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of meetings shall be available for inspection by the public at the office of the authority at all reasonable times;
7. (7)
  1. (A) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety, in such amount as the board may specify, for the faithful performance of the treasurer's or secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or secretary-treasurer's hands. Such bonds shall be filed with the secretary of state;
  2. (B) The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine;
8. (8) All members of the board shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority;
9. (9) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and
10. (10) Except as otherwise provided in this section, the directors shall be removable only for good cause and after preferment of charges, as provided by law for county officers.

History (5)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 3
T.C.A., § 66-2-304
Acts 1994, ch. 597, § 1
2003, ch. 90, § 2
2008, ch. 1042, § 1.

§ 64-2-305. Employees, professional staff and advisors.

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 4
T.C.A., § 66-2-305.

§ 64-2-306. Powers and duties of directors.

(a) The directors have the following duties and powers and, in exercising such duties and powers shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions:
1. (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-303(a) and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
2. (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part;
3. (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority;
4. (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the directors, is necessary or convenient to carry out the purpose of the authority;
5. (5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
6. (6)
  1. (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
  2. (B) Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and
  3. (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;
7. (7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render;
8. (8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
9. (9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
10. (10) Do all acts and things necessary or deemed necessary or convenient to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 5, 6
T.C.A., § 66-2-306.

§ 64-2-307. Eminent domain.

(a) The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part as set forth in §§ 64-2-301 and 64-2-303(a). Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately, or as soon and upon such terms as the court, in its discretion, may deem proper and just.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 7
T.C.A., § 66-2-307.

§ 64-2-308. Funds and funding.

The authority has the powers with respect to finance as follows and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters:
1. (1)
  1. (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale;
  2. (B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in such lease or contract;
  3. (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority, and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof;
  4. (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes;
  5. (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable;
  6. (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes;
  7. (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes;
  8. (H) With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
2. (2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part.

History (4)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 8, 11
T.C.A., § 66-2-308
Acts 1989, ch. 403, § 8
2005, ch. 396, § 16.

§ 64-2-309. Operating revenues.

(a) The revenues derived from the operation of the properties and facilities authorized and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows:
1. (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose;
2. (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and
3. (3) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenues shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(b) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 10
T.C.A., § 66-2-309.

§ 64-2-310. Contracts.

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities involving more than five hundred dollars ($500) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 11
T.C.A., § 66-2-310.

§ 64-2-311. Annual report.

(a) The board of directors of the authority shall report annually to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures and a summary of activities and accomplishments for the period and proposed plans for the next year and for subsequent years.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 9
T.C.A., § 66-2-311.

§ 64-2-312. Audit of operations.

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.

History (3)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 9
T.C.A., § 66-2-312
Acts 2005, ch. 396, § 18.

§ 64-2-313. Liberal construction.

(a) This part is remedial in nature and shall be liberally construed to effect its purposes of:
1. (1) Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority;
2. (2) Encouraging utilization of the natural resources therein; and
3. (3) Promoting the growth and development of commerce and industry in the counties and cities.
(b) Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 15
T.C.A., § 66-2-313.

§ 64-2-314. Part supplemental to other laws.

The powers, authority and rights conferred by this part are in addition and supplemental to, and the limitations imposed by this part do not affect the powers conferred by, any other general, special or local law.

History (2)

Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 13
T.C.A., § 66-2-314.

Part 4 North Central Tennessee Railroad Authority

§ 64-2-401. Creation — Purpose.

(a) There is hereby created the North Central Tennessee railroad authority in the counties of Montgomery, Houston and Stewart.
(b) This authority is intended to secure economic benefits to the above counties and to the cities of Clarksville and Cumberland City by providing for the continuation of certain railroad service in the counties of Montgomery, Houston and Stewart.

History (2)

Acts 1983, ch. 302, § 1
T.C.A. § 64-2-501.

§ 64-2-402. Effective date.

This part shall take effect when:
1. (1) Two (2) or more of the counties of Montgomery, Houston or Stewart or the cities of Clarksville or Cumberland City are authorized by a majority vote of their respective governing bodies to become members of the authority;
2. (2) Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that presiding officer to the secretary of state; and
3. (3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority.

Backlinks (2)

History (2)

Acts 1983, ch. 302, § 17
T.C.A. § 64-2-502.

§ 64-2-403. Powers.

(a) Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible.
(b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this section, in connection therewith, are declared to be public and corporate purposes and matters of public necessity.
(c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.

Backlinks (1)

64-2-406(a)(1)

History (2)

Acts 1983, ch. 302, §§ 1, 2, 12
T.C.A. § 64-2-503.

§ 64-2-404. Organization and operation — Board of directors — Officers and employees.

The organization of the authority shall be as follows:
1. (1) The authority shall be governed by a board of directors;
  1. (A) Membership of the board shall consist of:
    1. (i) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-402;
    2. (ii) The mayor of each city becoming a member of the authority, in accordance with § 64-2-402; and
    3. (iii) One (1) member to be selected by the governing body of each county and city becoming members of the authority;
  2. (B) The term of each selected member shall be prescribed by the governing body making the selection;
  3. (C) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until that member's successor has been duly elected as provided in this section;
  4. (D) In the event of the death or resignation of a member of the board or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event;
  5. (E) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding that person's election is eligible to serve as a member of the board of the authority. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in the office; and
  6. (F) Before entering upon their duties, all directors shall take and subscribe to an oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
2. (2) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains;
3. (3) Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair;
4. (4) The directors shall hold meetings at such times and places as the directors may determine;
5. (5) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure;
6. (6) The directors shall designate a secretary and a treasurer or one (1) person as secretary-treasurer, and such person need not be a director. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of meetings shall be available for inspection by the public at the office of the authority at all reasonable times;
7. (7) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state;
8. (8) The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board of directors may determine;
9. (9) All members of the board shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority;
10. (10) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and
11. (11) Except as otherwise provided in this section, the directors shall be removable only for good cause and after preferment of charges, as provided by law for county officers.

History (3)

Acts 1983, ch. 302, § 3
2003, ch. 90, § 2
T.C.A. § 64-2-504.

§ 64-2-405. Employees, professional staff and advisors.

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.

History (2)

Acts 1983, ch. 302, § 4
T.C.A. § 64-2-505.

§ 64-2-406. Powers and duties of directors.

(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions:
1. (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-403, and to make such properties and facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier, and to charge for their use and for any and all services performed by the authority;
2. (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part;
3. (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority;
4. (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purpose of the authority;
5. (5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
6. (6)
  1. (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
  2. (B) Make all other contracts and execute all other instruments including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and
  3. (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;
7. (7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render;
8. (8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
9. (9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
10. (10) Do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.

History (2)

Acts 1983, ch. 302, §§ 5, 6
T.C.A. § 64-2-506.

§ 64-2-407. Eminent domain.

(a) The authority is hereby authorized and empowered to condemn, in the name of the authority any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately, or as soon and upon such terms as the court, in its discretion, may deem proper and just.

History (2)

Acts 1983, ch. 302, § 7
T.C.A. § 64-2-507.

§ 64-2-408. Funds and funding.

The authority has the powers with respect to finance as follows and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters:
1. (1)
  1. (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale;
  2. (B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract shall not be subject to revision or change except in such manner as is provided in such lease or contract;
  3. (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof;
  4. (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes;
  5. (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable;
  6. (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes;
  7. (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes. With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
2. (2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part.

History (4)

Acts 1983, ch. 302, § 8
1989, ch. 403, § 10
2005, ch. 396, § 17
T.C.A. § 64-2-508.

§ 64-2-409. Operating revenues.

(a) The revenues derived from the operation of the properties and facilities authorized and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows:
1. (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose;
2. (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and
3. (3) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(b) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.

History (2)

Acts 1983, ch. 302, § 10
T.C.A. § 64-2-509.

§ 64-2-410. Contracts.

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities involving more than five hundred dollars ($500) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.

History (2)

Acts 1983, ch. 302, § 11
T.C.A. § 64-2-510.

§ 64-2-411. Annual report.

(a) The board of directors of the authority shall report annually to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures and a summary of activities and accomplishments for the period and proposed plans for the next year and for subsequent years.

History (2)

Acts 1983, ch. 302, § 9
T.C.A. § 64-2-511.

§ 64-2-412. Audit of operations.

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.

History (3)

Acts 1983, ch. 302, § 9
2005, ch. 396, § 18
T.C.A. § 64-2-512.

§ 64-2-413. Liberal construction.

(a) This part is remedial in nature and shall be liberally construed to effect its purposes of:
1. (1) Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority;
2. (2) Encouraging utilization of the natural resources therein; and
3. (3) Promoting the growth and development of commerce and industry in the counties and cities.
(b) Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.

History (2)

Acts 1983, ch. 302, § 15
T.C.A. § 64-2-513.

§ 64-2-414. Part supplemental to other laws.

The powers, authority and rights conferred by this part shall be in addition and supplemental to, and the limitations imposed by this part shall not affect, the powers conferred by any other general, special or local law.

History (2)

Acts 1983, ch. 302, § 13
T.C.A. § 64-2-514.

Chapter 3 Flood Control Authorities

§ 64-3-101. Legislative findings.

The general assembly finds and declares that:
1. (1) Determination and effectuation of the best means for control of the flood waters of the waterways of Tennessee are public purposes essential to the integrated economic development of the areas drained by such streams and waterways and to the future economic welfare of the entire state;
2. (2) Control of flood waters in the watershed of Mill Creek located in Davidson, Williamson and Rutherford counties by a local development authority will provide information on problems of water control and development; and
3. (3) Creation of a local development authority is essential to the achievement of these objectives in the watershed of Mill Creek in Davidson, Williamson and Rutherford Counties.

History (2)

Acts 1980, ch. 897, § 1
T.C.A., § 66-3-101.

§ 64-3-102. Creation of authority — Purposes.

There is hereby created the Mill Creek watershed flood control authority, referred to as authority in this chapter, to exercise the powers granted in this chapter in and with respect to the portions of Davidson, Williamson and Rutherford counties making up the watershed of Mill Creek and for the purpose of cooperating with the United States corps of engineers and other federal agencies, including the Tennessee Valley authority, and state and local agencies for the construction and maintenance of flood control and drainage.

History (2)

Acts 1980, ch. 897, § 2
T.C.A., § 66-3-102.

§ 64-3-103. Board of directors — Officers and employees — Expenses — Quorum.

(a) The authority shall be a body politic and corporate.
(b) Subject to approval of the respective local legislative body as provided in § 64-3-106, the authority shall be governed by a board of directors consisting of the following persons to represent their respective counties, if such county legislative body has approved this chapter:
1. (1) The county mayor of Williamson County, the county mayor of Rutherford County and the metropolitan mayor from metropolitan Nashville-Davidson County as ex officio voting members; and
2. (2) Six (6) additional members who are residents and owners of real property in such watershed district to be appointed by the county mayor of the respective county as follows: three (3) persons from Davidson County; two (2) persons from Williamson County; and one (1) person from Rutherford County. The terms of such members shall be four (4) years, except that for the initial appointments, two (2) members shall be appointed for two (2) years, two (2) members for three (3) years, and two (2) members for four (4) years. All initial terms shall begin on July 1, 1980, and all subsequent terms shall commence on the expiration date of such previous term. Each member shall serve until the member's successor is appointed and qualified. A person appointed to fill a vacancy shall be appointed for the unexpired term by the respective county mayor when such a vacancy occurs.
(c) The board of directors of the authority shall elect a chair from its members, whose term shall be for four (4) years or for so long as the chair remains a member of the board. The board may elect such other officers as it deems necessary.
(d) The directors shall serve without pay except for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority.
(e) Five (5) members of the board or a majority of members to which the board is entitled by this chapter shall constitute a quorum, and no action binding the board shall become effective unless approved by such majority. No action binding the board shall become effective unless approved by five (5) affirmative votes.
(f)
1. (1) The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this chapter, and the salary of any such employees may be paid out of such funds as may be available to the authority from any source.
2. (2) The executive secretary shall be the custodian of funds belonging to the authority and shall keep such records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board.

History (3)

Acts 1980, ch. 897, § 3
T.C.A., § 66-3-103
Acts 2003, ch. 90, § 2.

§ 64-3-104. Powers and duties.

(a) The authority is hereby specifically authorized and empowered to do any and all things necessary or desirable in forming and executing a comprehensive plan for controlling the flooding of the Mill Creek watershed, including, but not limited to, action in cooperation, when necessary or desirable, with appropriate local, state and federal agencies in prosecuting adopted and authorized projects for the construction of dams, floodways, drainage canals, reservoirs, channel rectification and other flood control and drainage works within the Mill Creek watershed to prevent losses caused by flooding. To that end, the authority:
1. (1) Shall have succession in its corporate name;
2. (2) May sue and be sued in its corporate name;
3. (3) May adopt and use a corporate seal;
4. (4) May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs and to accomplish the purposes of this chapter;
5. (5) May make contracts, conveyances, mortgages, deeds of trust, bonds or leases and execute instruments containing such terms, provisions and conditions as in the judgment of the board may be necessary, proper or advisable in the exercise of the powers conferred upon it in this section, including, but not limited to, contracts for grants, loans or other assistance from any federal agency or other agency or person and contracts with corporations, associations or individuals for construction work in the furtherance of any project and may carry out and perform the terms and conditions of all such contracts or instruments;
6. (6) May acquire by purchase, lease, devise, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, for the control of floodwaters as provided in this chapter, and such condemnation authority shall be narrowly construed in accordance with the effect and intent of this chapter;
7. (7)
  1. (A) May issue its bonds and bond anticipation notes from time to time in a total amount not to exceed five million dollars ($5,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interest in land and expenses incidental to the acquisition;
  2. (B) May secure such bonds and bond anticipation notes by a pledge of all or any part of the revenues that may now or hereafter come to the authority from any source by a mortgage or deed of trust of the authority's land or any part thereof, or by a combination of the two (2); and
  3. (C) May make such contracts or covenants in the issuance of such bonds and bond anticipation notes as may be necessary to ensure the marketability thereof;
8. (8) Shall require all bonds issued under the authority of this chapter to be under the management and supervision of the department of economic and community development;
9. (9) May arrange with any county, municipality, metropolitan government or supplier of utilities for the abandonment, relocation or other adjustment of roads, railroads, highways, bridges and utility lines; and
10. (10) Shall have the final authority and power to disallow development within the one-hundred-year floodplain along Mill Creek.
(b)
1. (1) The authority's power of eminent domain may be exercised pursuant to title 29, chapter 16 or pursuant to any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
2. (2) As an alternative to the eminent domain procedures pursuant to subdivision (b)(1), the authority may file in the court where condemnation proceedings of the authority are pending an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.
(c) During the time that title to land or rights in land are held by the authority, it shall be exempt from all taxes levied by the state or any of its political subdivisions, or instrumentalities of either; and all other property and activities of the authority shall be similarly exempt.

History (2)

Acts 1980, ch. 897, § 4
T.C.A., § 66-3-104.

§ 64-3-105. Contributions by local governments authorized.

Davidson, Williamson and Rutherford counties, and any municipality or metropolitan government in such counties, are hereby authorized and empowered to contribute to the work of the Mill Creek watershed flood control authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, shall approve, to be paid either from the general fund of the respective county or municipality or metropolitan government, or from a special ad valorem tax that such legislative bodies are hereby empowered to levy and collect for such purposes, which are hereby declared to be for municipal and county public purposes.

History (2)

Acts 1980, ch. 897, § 6
T.C.A., § 66-3-106.

§ 64-3-106. Participation by counties — Withdrawal.

(a) This chapter applies to Williamson, Rutherford and Metropolitan Nashville-Davidson counties for the purpose of implementing the programs established in this chapter, and any or all of these counties are hereby expressly authorized by the general assembly to participate in the programs established. However, prior to participation in such programs, the county legislative bodies of such counties shall express their desire to participate in the programs by means of a resolution to that effect, passed by each or all of the respective local legislative bodies of the counties involved. The resolution shall be approved by a two-thirds (⅔) vote of such legislative bodies within one hundred twenty (120) days of July 1, 1980.
(b) Any county to which this chapter applies that has elected or elects to participate in the programs authorized by the chapter may withdraw from participation therein by resolution to that effect adopted by a two-thirds (⅔) vote of the county legislative body of such county. However, such withdrawal does not relieve such county of any of its then existing obligation on account of bonds or other evidence of indebtedness incurred by such county on account of its participation in the programs of the authority, and such obligation shall continue until discharged by the county.

Backlinks (1)

64-3-103(b)

History (2)

Acts 1980, ch. 897, § 7
T.C.A., § 66-3-107.

§ 64-3-107. Public hearings — Notice — Procedure.

(a) At least sixty (60) days before any contract is let or work begun upon any plan, improvement or project within the watershed of Mill Creek, which would result in the condemnation of any land, as provided in this chapter, a public hearing shall be held. Notice of the public hearing shall be by publication in a newspaper of general circulation in each of Davidson, Williamson and Rutherford counties. The publication shall be run once a week for three (3) consecutive weeks, the last of which shall be at least ten (10) days before the date set for the hearing. The notice shall generally contain the nature and scope of the proposed project, the estimated cost, the proposed method for the payment of the cost and the time and place of the hearing and shall notify the interested persons and landowners to appear and show cause why such project should not be approved and performed and of their right to be represented by counsel.
(b) The hearing required by this chapter may be conducted by the chair of the authority or by hearing examiners designated by such chair who shall conduct such hearings in the name of such authority.
(c) Opportunity shall be afforded all parties to respond in person or by attorney and present evidence and argument on all issues involved.
(d) A record of the proceedings and of those who testify shall be taken and preserved. The record shall be made available on request to any person upon payment of a reasonable charge to cover the costs of preparation.
(e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

History (2)

Acts 1980, ch. 897, § 8
T.C.A., § 66-3-108.

§ 64-3-108. Effect on other laws.

The provisions of any other law, general, special or local, except as provided in this chapter, do not apply to the authority incorporated under this chapter; and, where such laws may be in conflict with the provisions hereof, this chapter shall be controlling. Nothing in this chapter shall be construed as impairing the powers and duties of the department of environment and conservation of this state or any department of the United States natural resources conservation service or its districts or agents.

History (3)

Acts 1980, ch. 897, § 5
T.C.A., § 66-3-105
Acts 2021, ch. 203, § 20.

Chapter 4 Tennessee River Four-County Port Authority Act

§ 64-4-101. Short title.

This chapter shall be known and may be cited as the “Tennessee River Four-County Port Authority Act.”

History (2)

Acts 1980, ch. 900, § 1
T.C.A., § 66-4-101.

§ 64-4-102. Legislative findings — Public and governmental character of port authorities — Declaration of public necessity.

(a) It is declared that a clear need exists in rural areas of Tennessee for improved transportation and navigation for the movement and transportation of people, goods and merchandise and for the creation of expanded employment opportunities through the promotion of commerce and industry and with minimal pollution, which require that such rural areas shall have the option of placing the central operation and financing of such rural port and development agencies within rural instrumentalities, and that such instrumentalities have the authority to acquire from the state or other owners real and personal property and to develop, manage and operate the same for economic and industrial development.
(b) It is further declared that port authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and that the acquisition, operation, financing and disposal of ports, lands, industrial and other related facilities are declared to be for public and governmental purposes and a matter of public necessity.

History (2)

Acts 1980, ch. 900, § 2
T.C.A., § 66-4-102.

§ 64-4-103. Authority established — Purposes.

(a) There is established in Decatur, Hardin, Perry and Wayne counties a port authority to be known as the “Tennessee River four-county port authority.”
(b) The port authority shall be established for the purposes of:
1. (1) Acquiring, constructing, operating and maintaining ports and navigation terminals on the Tennessee River, including docks, wharves, piers, loading and unloading machinery, scales, transportation equipment, harbor and riverfront improvements, storage and transfer facilities, elevators and all other advisable appurtenant port and terminal facilities;
2. (2) Acquiring, holding, improving and disposing of lands in the vicinity of such ports and terminals that are suitable for the various purposes set forth in this section and for use by manufacturing, processing or fabricating plants or other industries that require access to the waters of the Tennessee River in their operations; and
3. (3) Acquiring, constructing, operating and maintaining railroads, switchyards, concentration yards, recreation and water sports facilities, roads and bridges, and communication, electric power, gas, water and all other utility facilities, including the aforementioned industrial sites, and to provide that the same shall be under the jurisdiction, control and management of the port authority as provided in this chapter.

History (2)

Acts 1980, ch. 900, § 3
T.C.A., § 66-4-103.

§ 64-4-104. Board of commissioners — Meetings — Officers and employees.

(a) The governing power of the authority shall be vested in a board of commissioners composed of three (3) members from each participating county.
(b) Nominees for election to the board shall be presented by the county mayor of each county. The county legislative body shall elect from the nominees presented by majority vote.
(c) Each member shall serve for a term of six (6) years, which shall begin July 1 of the appropriate year; however, in order to provide for staggered terms of the number from such county, the initial members from each county shall be elected one (1) each for a term of two (2), four (4), or six (6) years.
(d)
1. (1) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until that member's successor has been duly elected as provided in this section.
2. (2) In the event of the death or resignation of a member or the member's inability to serve prior to the expiration of the member's term, such vacancy shall be filled for the unexpired term by the county originally electing that member in the same manner as provided in subsection (b).
(e) Any person at least twenty-one (21) years of age who has resided within the boundaries of the county whose legislative body may elect the person for a period of at least one (1) year immediately preceding the person's election is eligible to serve as a member of the board, except that the members of the county legislative body of the participating counties are not eligible to serve as members of the board. Any member who ceases to regularly reside within the boundaries of the county electing that member shall automatically become ineligible to serve in office.
(f) All board members are eligible for reelection; provided, they are qualified as required in this section.
(g) Before entering upon their duties, all board members shall take and subscribe to an oath of office, as provided by the constitution and law for county officers. Copies of the oath of each member shall be filed with the county clerk of that member's respective county.
(h) A majority of the members constitutes a quorum, and the board shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the board do not affect their power and authority, so long as a quorum remains.
(i) Within thirty (30) days after their election as provided in this section, the board shall hold a meeting to elect a chair who shall be elected on a yearly basis thereafter.
(j) The board shall hold regular meetings at least once every four (4) months and at such regular time and place as the board may, by resolution, determine and may hold such additional meetings, either regular or special, as may be determined by the board of commissioners. Special meetings may be called and held upon such notice and in such manner as the board of commissioners may, by resolution, determine.
(k) Except as otherwise expressly provided, the board of commissioners shall establish their own rules of procedure.
(l) The commissioners shall designate a secretary and a treasurer, or the same individual as secretary-treasurer, and such secretary or treasurer may or may not be a board member. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of the meetings shall be available for inspection by the public at the office of the authority at all reasonable times.
(m)
1. (1) The board, by resolution, shall require the treasurer or secretary-treasurer, if one and the same person, to execute a bond with approved corporate surety for the faithful performance of the treasurer's or secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or secretary-treasurer's hands, as such, in such penalty as the board shall specify by resolution. The bonds shall be filed with the secretary of state.
2. (2) The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine.
(n) All members of the board shall serve as such without compensation, but they shall be allowed necessary traveling and other expenses while engaged in the business of the authority, as may be provided and approved by the board, payable from the funds of the authority or such funds as may be appropriated by the county legislative bodies of the participating counties.
(o) Except as otherwise provided in this section, the members of the board shall be removable only for good cause and after preferment of charges, as provided by law for county officers.

History (3)

Acts 1980, ch. 900, § 4
T.C.A., § 66-4-104
Acts 2003, ch. 90, § 2.

§ 64-4-105. Powers and duties of board.

The port authority board of commissioners has the power and is hereby authorized to:
1. (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve, within the boundaries of Decatur, Hardin, Perry and Wayne counties, upon first obtaining express permission and authority from the governing body of such county or municipality wherein such facilities are or may be located, the ports and other facilities permitted by this chapter and any and all related facilities, equipment and appurtenances necessary or convenient to the improvement of the access to all channels of commerce, and to make such facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
2. (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purposes of this chapter;
3. (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency or in aid of the acquisition or improvement of any of the facilities provided for in this chapter;
4. (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances, for the counties that, in the judgment of the port authority commissioners, is necessary or convenient to carry out the powers granted in this section. The authority to acquire property includes, but is not limited to, the acquisition of lands in the vicinity of the port and terminal facilities provided for in this section that are suitable for use by industries requiring access to the water of the Tennessee River in their operations, upon first obtaining the express permission and authority from the governing body of such county or municipality where such property is or may be located;
5. (5)
  1. (A) Make contracts and execute instruments containing such covenants, terms and conditions as in the judgment of the board may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided for in this chapter;
  2. (B) Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust and other agreements relating to property and facilities under its jurisdiction and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board may be necessary, proper or advisable for the furtherance of the purposes of this chapter and the full exercise of the powers granted in this section; and
  3. (C) Carry out and perform the covenants, terms, and conditions of all such contracts or instruments;
6. (6) Establish schedules of tolls, fees, rates, charges and rentals for the use of the facilities under its jurisdiction and for services that it may render;
7. (7) Enter upon any lands, waters and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities provided for in this chapter;
8. (8) Promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the port authority and the efficient operation of its facilities;
9. (9) Exercise full and exclusive control of and responsibility for the administration of facilities constructed or acquired pursuant to this chapter. The board may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations;
10. (10) Employ and fix the compensation of such architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the port authority and the operation of the facilities provided for in this chapter and who shall continue in the employment of the authority at the will and pleasure of the board;
11. (11) Incorporate, operate in all respects and exercise all the powers granted to industrial development corporations under title 7, chapter 53 within the land under the jurisdiction of the port authority granted by this chapter as to any participating county that, by resolution, grants such powers to the port authority. Once any county grants such powers, the board of the port authority shall become the board of directors of the industrial development corporation, notwithstanding § 7-53-301 to the contrary;
12. (12) Use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this chapter, held by the state or any county or municipality in this state; provided, that such governmental agency shall consent to such use;
13. (13) Sell, transfer, lease or otherwise dispose of any or all of the personal property in the custody and control of the port authority. The commissioners may also, as the agent of Decatur, Hardin, Perry and Wayne counties, sell, transfer, lease or otherwise dispose of any real property in the custody and control of the port authority, except that any land that has been acquired through condemnation proceedings may be sold, transferred, leased or otherwise disposed of only with the approval of the county legislative body of the county containing such property; and any vote as to such approval shall be taken at a meeting duly and regularly called for the purpose of considering the question of the disposition of such property; and
14. (14) Do all acts and things necessary or deemed necessary or convenient to carry out the powers expressly given in this chapter.

History (2)

Acts 1980, ch. 900, § 5
T.C.A., § 66-4-105.

§ 64-4-106. Transfer to authority of interests in land.

Any one (1) of the participating counties, Decatur, Hardin, Perry or Wayne, upon the written recommendation of the port authority commissioners, may acquire any interest in land within the boundaries of the county by gift, purchase or lease and may transfer the interest to the authority by sale, lease or gift. The transfer may be authorized by resolution of the governing body of the county without submission of the question to the voters and without regard to the requirements, restrictions or other provisions contained in any other general, special or local law.

History (3)

Acts 1980, ch. 900, § 6
T.C.A., § 66-4-106
Acts 2006, ch. 863, § 8.

§ 64-4-107. Facilities free from outside control — Tax-exempt status — Payments to authority in lieu of ad valorem taxes.

(a) The participating counties, Decatur, Hardin, Perry and Wayne, and the board of commissioners are not required to obtain any certificate of convenience or necessity, franchise, license, permit or other authorization from any bureau, board, commission or other like instrumentality of the state or any political subdivision thereof, in order to acquire, construct, purchase, operate or maintain any of the facilities authorized by this chapter.
(b) Neither the Tennessee public utility commission nor any other board or commission of like character hereafter created has jurisdiction over the port authority with respect to the management and control of the facilities authorized by this chapter, including the establishment of rates, fees and charges or otherwise.
(c)
1. (1) The property and revenues of the authority or any interest therein is exempt from all state, county and municipal taxation.
2. (2) Bonds issued pursuant to this chapter and the income therefrom are exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.
3. (3)
  1. (A) The exemption from taxation shall not extend to any leasehold or other interest in property of the authority that may be held by any private person or private corporation.
  2. (B) The port authority has the power to negotiate and accept from the authority's lessees payments in lieu of ad valorem taxes. Any such power shall be granted only upon a finding that such payments are deemed to be in furtherance of the authority's public purpose as established by this chapter. The amount of such payments shall not be fixed below the lesser of:
    1. (i) Ad valorem taxes otherwise due and payable by a taxpaying entity upon the current fair market value of the leased properties; or
    2. (ii) Ad valorem taxes that were or would have been due and payable on the leased properties for the period immediately preceding the date of their acquisition by the authority.

History (4)

Acts 1980, ch. 900, § 7
T.C.A., § 66-4-107
Acts 1995, ch. 305, § 118
2017, ch. 94, § 43.

§ 64-4-108. Powers of participating counties.

The county legislative bodies of Decatur, Hardin, Perry and Wayne counties, individually or together, have all necessary powers in order to further the purposes of this chapter. The participating counties are authorized to appropriate to the port authority from their general funds, or such other funds as may be unappropriated, in furtherance of the powers granted by this chapter including, without limitation, the following, any or all of which powers may be exercised by resolution of their governing bodies:
1. (1) Advance, donate or lend money, raised from any source and by any means, or real or personal property, to the authority;
2. (2) Provide that any funds on hand or to become available to it for port purposes shall be paid directly to the authority;
3. (3) Cause water, sewer, gas, electric or other utility services to be provided to the authority;
4. (4) Open and improve streets, roads and alleys to the port;
5. (5) Provide police and fire protection services to the port;
6. (6) Pay the expenses of the port authority board of commissioners or the expenses of operation of any of the facilities authorized by this chapter;
7. (7) Levy a tax, in addition to all other taxes, upon all taxable property within each county, sufficient to pay the appropriation made by it to the port authority; and
8. (8) Pledge the full faith and credit and unlimited taxing power of the county as surety to the payment of the authority's bonds.

History (2)

Acts 1980, ch. 900, § 8
T.C.A., § 66-4-108.

§ 64-4-109. Payment of preliminary expenses by participating counties — Repayment.

(a) A share of all expenses actually incurred by the board of commissioners in the making of surveys, estimates of cost and of revenue, employment of engineers, attorneys or other employees, the giving of notices, taking of options, selling of bonds and all other preliminary expenses of whatever nature that the board deems necessary in connection with or precedent to the acquisition or improvement of any of the facilities provided for in this chapter and that the board deems necessary to be paid prior to the issuance and delivery of the bonds issued pursuant to this chapter may be met and paid out of the general funds of each of the participating counties of Decatur, Hardin, Perry and Wayne not otherwise appropriated or from any other fund available, as may be provided by the county legislative body of the counties.
(b) All such payments from the general or other funds shall be considered as temporary, noninterest-bearing loans and shall be repaid immediately upon sale and delivery of the bonds, and claims for such repayment have priority over all other claims against the proceeds derived from the sale of such bonds.

History (2)

Acts 1980, ch. 900, § 9
T.C.A., § 66-4-109.

§ 64-4-110. Bonds.

(a) The port authority has the power to issue negotiable bonds in order to accomplish any of the purposes authorized by this chapter in any of the following manners:
1. (1) Upon resolution of the board of commissioners, and in the manner provided by this chapter, the port authority may issue bonds of the port authority without the participation of any county; provided, that such bonds are repaid solely from the revenues of the port authority;
2. (2) Upon resolution of the board of commissioners, requesting one (1) or more counties to participate in the issuance of bonds of the port authority or to issue bonds on behalf of the port authority, such bonds may be issued as provided in this chapter or by law; or
3. (3) Upon resolution of the board of commissioners, acting in their capacity as an industrial development corporation, the port authority may issue bonds in compliance with title 7, chapter 53.
(b)
1. (1) Any one (1) or more of the participating counties of Decatur, Hardin, Perry and Wayne, upon recommendation of the board of commissioners of the port authority, have power and authority to issue and sell their bonds to finance the acquisition, construction, improvement or expansion of the facilities authorized in this chapter and to refund bonds previously issued or refinance indebtedness previously incurred for such purposes. The counties of Decatur, Hardin, Perry and Wayne may, in all respects, provide for the rights of the holders of all bonds, including the manner in which future bonds may be issued on a parity with such bonds. The counties of Decatur, Hardin, Perry and Wayne shall follow the procedures for the issuance of bonds established in title 9, chapter 21. Prior to the issuance of any general obligation bonds by any county under the authority of this chapter, a referendum shall be held concurrently with a general election in the county. The substance of a resolution adopted pursuant to § 9-21-205 shall be printed on the ballot. In order for the bonds to be issued, three-fourths (¾) of the votes cast shall answer the following question affirmatively:
  1. Question: Do you favor the guarantee of the bonds issued pursuant to the above resolution:
    1. For ( )
    2. Against ( )
2. (2) The ballots shall be counted and returns made and canvassed as provided by law for other elections and the results certified to the secretary of state, who shall publicly proclaim the results.
3. (3) The bonds to be issued by the port authority shall be authorized by resolution of the county legislative body or bodies of such county or counties and may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be sold or hypothecated in such blocks, may be subject to such terms of redemption with or without premium, may be declared or become due after the maturity date thereof, and may be in such amount as may be provided by resolution of the legislative body of a participating county. Such bonds may be issued for money or property, at public or private sale, for such price and at such rate of interest and may be hypothecated in such manner as the counties may determine; but the interest cost to maturity of the bonds, when issued for property, at the value determined by the counties, which determination shall be conclusive, or the money received for any issue of such bonds shall not exceed the maximum rate fixed by law, payable semiannually. Such bonds shall have all the qualities and incidents of negotiability.
4. (4) Pending the preparation of the definitive bonds, interim receipts or certificates in such form, and with such provisions, as provided in the resolution authorizing such bonds, may be issued to the purchaser or purchasers of bonds sold pursuant to this chapter. The bonds and interim receipts or certificates shall be fully negotiable.
5. (5) In case any of the officers whose signatures or countersignatures appear on such bonds cease to be officers before the delivery of the bonds, the signatures and countersignatures shall nevertheless be valid and sufficient for all purposes, the same as though such officers had remained in office until the bonds had been delivered.
6. (6) The bonds may be issued, notwithstanding and without regard to any limit or restriction on the amount or percentage of indebtedness or of outstanding obligations of the participating counties of Decatur, Hardin, Perry and Wayne contained in any other statute, general or special, and notwithstanding and without regard to the requirements of any other general or special statute, including requirements as to elections for the approval of such bonds.
7. (7) Prior to a vote by the county legislative body of counties authorizing the issuance of bonds to be financed wholly or in part through tax levies by the county legislative body, the board of commissioners shall prepare and submit to the county legislative body of each of the counties of Decatur, Hardin, Perry and Wayne a recommendation that bonds in a stated amount be issued under this part, supported by a report on the need for and projected use of the facilities for the financing of which such bond issue is proposed, including a review of alternate solutions, if any, and a justification of the solution proposed.
8. (8) Bonds may be issued as direct and general obligations of each of the counties of Decatur, Hardin, Perry and Wayne payable out of their several and separate general income and revenue. Bonds may also be issued as obligations of the port authority payable out of the revenues of the port authority. In case the bonds are issued as general obligations of the counties, it is the duty of the county legislative body of each of the counties to levy a tax each year, over and above the taxes levied for general county purposes and other special county purposes, to pay the interest and principal of the bonds as they mature. In case the revenues derived from the operation of the facilities provided for in this chapter are sufficient to pay the principal and interest of such bonds, or a part thereof, as they may severally mature, then a special levy for the full payment of such principal and interest shall not be required; but the county legislative bodies shall each year levy an amount of tax, which, when added to the account of revenue derived from the operation of the facilities then on hand and available for that purpose, will be sufficient to pay the principal and interest maturing prior to the collection of the next succeeding tax levy. The bonds shall be sold at public or private sale and in such manner as may be determined by resolution of each of the county legislative bodies authorizing their issuance. The bonds shall contain a recital that they are issued pursuant to and in accordance with this chapter, and such recital shall be conclusive evidence of their legality.
(c) Prior to the adoption by the governing body of the port authority or any one (1) or more of the participating counties of Decatur, Hardin, Perry and Wayne of the resolution authorizing the issuance of any bonds under this chapter, a plan of financing shall be submitted to the comptroller of the treasury or the comptroller's designee for review; and the comptroller of the treasury or the comptroller's designee may report thereon to the governing body of the port authority or of the appropriate county or counties within fifteen (15) days from the date the plan is received and shall immediately acknowledge receipt in writing of the proposed financing plan. After receiving the report of the comptroller of the treasury or the comptroller's designee or after the expiration of fifteen (15) days from the date the financing plan is received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the appropriate governing body may take such action with reference to such proposed financing plan as it deems advisable.
(d) In order to secure the payment of any of the bonds issued pursuant to this chapter, the interest thereon, or in connection with such bonds, the board of commissioners or the county legislative bodies of Decatur, Hardin, Perry and Wayne counties have power, as to such bonds, to the extent not inconsistent with the mandatory provisions of this chapter, to:
1. (1) Pledge the full faith and credit of the port authority or county and unlimited taxing power of each of the counties to the punctual payment of the principal of and interest on such bonds;
2. (2) Pledge all or any part of the revenue derived from the operation of the facilities authorized in this chapter and to pledge all or any part of the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities as provided for in this chapter;
3. (3) Provide for the terms, form, registration, exchange, execution and authentication of such bonds;
4. (4) Provide for the replacement of lost, destroyed or mutilated bonds;
5. (5) Covenant as to the use and disposition of the proceeds from the sale of such bonds;
6. (6) Covenant as to the rates and charges for the use of facilities of the port authority and for its services;
7. (7) Redeem such bonds and covenant for their redemption and provide the terms and conditions thereof;
8. (8) Covenant and prescribe as to what happenings or occurrences shall constitute “events of default,” and the terms and conditions upon which any or all of such bonds shall become or may be declared due, before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;
9. (9) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation;
10. (10) Vest in a trustee or trustees the right to receive all or any part of the income and revenues pledged and assigned to or for the benefit of the holder or holders of bonds issued under this section and to hold, apply and dispose of the same, and the right to enforce any covenant made to secure or pay, or in relation to the bonds; and to execute and deliver a trust agreement or trust agreements, which may set forth the powers and duties and the remedies available to such trustee or trustees, and limiting the liability thereof, and describing what occurrences shall constitute “events of default,” and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of bonds or any specified amount or percentage of such bonds, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate;
11. (11) Make covenants other than and in addition to the covenants authorized in this chapter, of like or different character, necessary or advisable to effectuate the purposes of this chapter; and
12. (12) Execute all instruments necessary or convenient in the exercise of the powers granted in this section or in the performance of its covenants or duties.
(e) All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds issued pursuant to this chapter.
(f) Nothing in this chapter shall be construed to allow the board of commissioners of the port authority to pledge unilaterally the full faith and credit and unlimited taxing power of any county as surety to the payment of the authority's bonds or to impose unilaterally an ad valorem tax in any county.

History (4)

Acts 1980, ch. 900, § 10
T.C.A., § 66-4-110
Acts 1989, ch. 403, § 11
2010, ch. 868, § 80.

§ 64-4-111. Bondholders' rights in event of default.

(a) The county legislative body or the board of commissioners authorizing and issuing bonds has the power, by resolution, to confer upon any holder or holders of a specified amount or percentage of bonds, including a trustee or trustees, for such holders, the rights, in the event of an “event of default,” as defined in such resolution or as may be defined in any agreement with the holder or holders of such bonds, or trustee or trustees thereof:
1. (1) By suit, action or proceedings in any court of competent jurisdiction, to obtain the appointment of a receiver of the authority's facilities, or any part or parts thereof. If such receiver be appointed, the receiver may enter and take possession of such facilities or part or parts thereof, and operate and maintain the same, and collect and receive all revenues thereafter arising therefrom, in the same manner as the authority itself might do, and shall deposit such moneys in a separate account or accounts, and apply the same in accordance with the obligations of the bonds issued under this chapter, as the court may direct; and
2. (2) By suit, action or proceedings in any court of competent jurisdiction, to require the county legislative body authorizing and issuing the bonds, or the board, to act as if such body or board was the trustee of an express trust.
(b) Any such resolution shall constitute a contract between the port authority or county, or both, and the holders of bonds of such issue.

History (2)

Acts 1980, ch. 900, § 11
T.C.A., § 66-4-111.

§ 64-4-112. Bondholders' rights generally.

Any holder or holders of bonds, including the trustee or trustees for holders of such bonds, have the right, in addition to all other rights:
1. (1) By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce the rights of the holder or holders of bonds against the county legislative body authorizing and issuing the bonds, the port authority, the board or any other proper officer, agent or employee of any of them, including, but without limitation, the right to require the county legislative body authorizing and issuing the bonds, the port authority, the board, and any proper officer, agent or employee of any of them, to assess, levy and collect taxes; and to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, taxes or authority revenues and to require the county legislative body authorizing and issuing the bonds, the port authority, the board, and any officer, agent or employee of them, to carry out any other covenants and agreements, and to perform its and their duties under this chapter; and
2. (2) By action or suit in equity to enjoin any acts or things, that may be unlawful or in violation of the rights of such holders of bonds.

History (2)

Acts 1980, ch. 900, § 12
T.C.A., § 66-4-112.

§ 64-4-113. Duties of treasurer.

(a) All moneys derived from the issuance of bonds hereunder, together with any federal or other grant or loan made, for the purposes of this chapter, shall be paid to the treasurer of the port authority.
(b) The treasurer shall deposit such moneys, together with all the receipts from the authority operations, in a separate bank account or accounts, separate from all other county funds, and shall keep adequate records of all such receipts and other sources.
(c) The treasurer shall pay out such moneys only on vouchers signed by such authority officials as the board shall, by resolution, designate to sign such vouchers. No such vouchers for the payment of any such moneys shall be issued except upon the resolution or order of the board, a certified copy of which shall be filed in the office of the treasurer.

History (2)

Acts 1980, ch. 900, § 13
T.C.A., § 66-4-113.

§ 64-4-114. Application of revenues.

The revenues derived from the operation of the port, storage and transfer facilities and any and all other facilities authorized in this chapter and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows:
1. (1) The payment of operating expenses of the port authority;
2. (2) The payment of the interest on the bonds issued pursuant to this chapter and the principal of such bonds, as they severally mature, and/or payments into sinking fund reserves for this purpose;
3. (3) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of port, storage and transfer facilities and any and all other facilities or other purposes, as may be required under any bond indenture or as the board may deem necessary or desirable; and
4. (4) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this chapter. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the board.

History (2)

Acts 1980, ch. 900, § 14
T.C.A., § 66-4-114.

§ 64-4-115. Contracts — Force account construction.

(a) Except as otherwise provided, all contracts of the port authority shall be entered into and executed in such manner as may be prescribed by the board of commissioners, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies, involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities under the jurisdiction of the board involving more than one thousand dollars ($1,000) shall be made except after such contract has been advertised for bids, except as provided in subsection (b).
(b) Advertisement for bids is not required:
1. (1) In the employment of architects, engineers and attorneys or other professional advisors for personal service. The board may employ or select such architects, engineers, attorneys or professional consultants and advisors as in the judgment of the board best meet the qualifications for rendering such services;
2. (2) When an emergency arises and requires immediate delivery of the supplies or performance of the service; or
3. (3) For repair, parts, accessories, supplemental equipment or services, or required supplies or services previously furnished or contracted for, in which case such purchase of supplies or procurement of services shall be made in the open market in the manner common among business persons.
(c) After advertisement for bids as provided in this section, if no acceptable bid is received, the board may reject any and all bids, or the board may negotiate with contractors or suppliers to secure the construction of facilities or the purchase of equipment, apparatus, materials or supplies at the best possible price, or the board may construct such facilities, by “force account construction,” that is, the board may employ the necessary engineers, supervisors and other personnel, purchase necessary materials, equipment and supplies, to construct such facilities authorized by this chapter with its own employees.

History (2)

Acts 1980, ch. 900, § 15
T.C.A., § 66-4-115.

§ 64-4-116. Construction of chapter.

(a) The powers, authority and rights conferred by this chapter are in addition and supplemental to any other general, special or local law conferring powers to counties, industrial development corporations or port authorities, and the limitations imposed by this chapter do not affect the powers conferred to any county, industrial development corporation or port authority created by any other general, special or local law.
(b) This chapter is remedial in nature, and shall be liberally construed to effect its purposes of:
1. (1) Promoting navigation on the Tennessee River;
2. (2) Facilitating the movement and transfer of goods and merchandise to, from and through the counties of Decatur, Hardin, Perry and Wayne;
3. (3) Encouraging utilization of the natural and recreational resources therein; and
4. (4) Promoting the growth and development of commerce and industry in such counties.
(c) Nothing in this chapter shall:
1. (1) Grant any power or control to the board of commissioners over any land or facilities now under the control of any existing port authority created by general or special act;
2. (2) Prohibit or preclude any existing port authority from exercising control over any land or facilities now under its control or that may come under its control prior to the time the board adopts by resolution a plan for development of such land or facilities;
3. (3) Prohibit any county from transferring by any means any interest in any land to any port authority in existence in such county on May 1, 1980; or
4. (4) Prohibit any county from exercising any power granted by any general or special act with regard to any port authority in existence in such county on May 1, 1980.

History (2)

Acts 1980, ch. 900, § 16
T.C.A., § 66-4-116.

Chapter 5 Tennessee Central Economic Authority

§ 64-5-101. Creation — Purpose.

The Tennessee central economic authority is hereby created. The Tennessee central economic authority is a public body corporate and politic and is referred to as the “authority” in this chapter. The authority is created and established for the purpose of developing the resources of the region embracing the counties of Macon, Smith, Sumner, Trousdale and Wilson, referred to as the “region” in this chapter, including the coordination of the authority's development work with related activities and programs of the Tennessee Valley authority and other federal, state and local planning and development agencies. The authority is directed to focus its activity toward economic development and improving employment opportunities in the region in a manner consistent with the state policy of industrial development and in a manner consistent with the goal of maintaining a healthy environment or improving the same.

Backlinks (2)

History (3)

Acts 1986, ch. 789, § 1
2016, ch. 909, § 1
T.C.A., § 64-5-201.

§ 64-5-102. Board of directors.

The authority shall be governed by a board of directors, referred to as the “board” in this chapter. The board shall make policy, which shall be implemented by the executive director, if such position is established.

History (3)

Acts 1986, ch. 789, § 2
2012, ch. 1033, § 1
T.C.A., § 64-5-202.

§ 64-5-103. Membership of board — Proxy voting — Executive committee — Board meetings open to public.

(a)
1. (1) Effective July 1, 2012, the membership of the board shall be as follows:
  1. (A)
    1. (1) The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or
    2. (2) In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment;
  2. (B) One (1) person who resides within the region shall be appointed by the speaker of the house of representatives, to be appointed for a term of two (2) years; and
  3. (C) One (1) person who resides within the region shall be appointed by the speaker of the senate, to be appointed for a term of two (2) years.
2. (2) The board in existence on May 21, 2012, shall terminate at twelve o'clock (12:00) midnight June 30, 2012.
(b) Any member of the board may authorize someone to represent that member and vote by proxy upon written notification of the same to the chair of the board prior to commencement of the board meeting in which the member is to be absent.
(c) The board may establish an advisory committee consisting of twenty-five (25) members, with five (5) members from each of the five (5) counties in the region selected in such manner as the board determines to provide a wide range of viewpoints. The board shall endeavor to have the advisory committee reflect a broad range of socioeconomic backgrounds in its membership. The terms of the members of the advisory committee shall be set by a resolution of the board in such manner as to create a staggered-term system to provide continuity on the advisory committee.
(d) At least annually, the board shall hold a meeting at which members of the general public are allowed to address the board. Further, prior to the adoption of any resolution authorizing a bond issue pursuant to this chapter, the board shall hold a public hearing to examine the opinions of members of the general public on the issue.
(e) All meetings of the board and advisory committee shall be public and shall comply with the state law on open meetings, compiled in title 8, chapter 44.

History (7)

Acts 1986, ch. 789, § 3
2001, ch. 150, §§ 1, 2
2003, ch. 90, § 2
2006, ch. 614, §§ 1, 2
2010, ch. 619, § 1
2012, ch. 1033, § 2
T.C.A., § 64-5-203.

§ 64-5-104. Election of officers.

The board, at its organizational meeting and annually thereafter, shall elect one (1) of its members to the office of chair, one (1) of its members to the office of vice chair and one (1) of its members to the office of secretary-treasurer.

History (3)

Acts 1986, ch. 789, § 4
2012, ch. 1033, § 3
T.C.A., § 64-5-204.

§ 64-5-105. Vacancies.

Vacancies on the board shall be filled according to the method of original election or appointment.

History (3)

Acts 1986, ch. 789, § 5
2012, ch. 1033, § 4
T.C.A., § 64-5-205.

§ 64-5-106. Time and place of meetings — Compensation of board.

(a) The board shall set a regular time and place for meetings and establish rules of order and particularly rules for calling a special meeting of the board.
(b) The members of the board shall serve without compensation, except that they shall be reimbursed for actual traveling expenses and other necessary expenses incurred in the performance of their official duties.

History (2)

Acts 1986, ch. 789, § 6
T.C.A., § 64-5-206.

§ 64-5-107. [Reserved]

§ 64-5-108. Powers, functions and duties.

The authority has the power, function and duty to:
1. (1) Have perpetual succession in the corporate name;
2. (2) Sue and be sued in the corporate name;
3. (3) Adopt, use and alter a corporate seal, which shall be judicially noticed;
4. (4) Enter into such contracts and cooperative agreements with federal, state and local governments, and agencies thereof, with private individuals, corporations, associations and with other organizations as the board may deem necessary or convenient in carrying out the purposes of this chapter;
5. (5) Adopt, amend and repeal bylaws;
6. (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine;
7. (7) Receive and expend funds from any source for staffing and other administrative expenses, research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficiency and harmonious economic development of the region to receive grants from private foundations and other sources for the purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
8. (8) Cooperate and coordinate its activities with local, regional and state planning agencies and other areas in developing and implementing plans for development;
9. (9) Cooperate and coordinate its activities with the federal agencies having responsibility for developing natural, human and physical resources of the region;
10. (10) Cooperate with local and regional financial institutions in assembling financial resources for commercial, industrial and other development;
11. (11) Compile, prepare, publish and disseminate information about the economic resources of the region and about subareas;
12. (12) Encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing state law for carrying out specific projects and programs initiated under federal and state law;
13. (13) Enter into compacts or contractual arrangements with planning agencies of other adjoining or neighboring states, for the purpose of preparing joint-comprehensive plans for development of a broader area or region;
14. (14) Acquire and hold such real and personal property or interests in real and personal property as the board deems necessary or convenient in carrying out the purposes of this chapter;
15. (15) Support missions of authority directors or employees to other industrialized nations that may have enterprises willing to invest in the region, with the aim of convincing such businesses to invest in the region when such enterprises meet the criteria of the authority as desirable additions to the region; and
16. (16) Have and exercise such other authority as deemed necessary by the board to further and promote the orderly economic development of the region.

History (2)

Acts 1986, ch. 789, § 8
T.C.A., § 64-5-208.

§ 64-5-109. Public works projects authorized.

The authority is authorized and empowered to construct and/or operate and maintain any public works project within the region. No such project shall be constructed without the authority first having obtained the consent of the county or municipality within whose jurisdiction the project is located. For this purpose, “public works project” includes any one (1) or more or any combination of the following: airports, bridges, tunnels, viaducts, hospitals, sanitaria, dispensaries, nursing homes, almshouses, public buildings, plazas, schools, roads, flood control works, water mains and lines, highways, port and dock facilities, including any terminal storage and transportation facilities incident to port and dock facilities, industrial parks, which are defined as lands, and rights, easements and franchises relating to lands, and may include adequate roads and streets, water and sewer facilities, utilities and docks and terminals as required for the use of industry, in aid of the state's public policy of industrial growth and expansion, and all property, real and personal, appurtenant thereto or connected with such work, undertaking or project and the existing work, if any, to which such work, undertaking or project is an extension, addition, betterment or improvement. This enumeration shall not exclude any other project for the benefit of the people in the region where any state or federal agency will match the funds of the county with grants-in-aid or gratuities to subsidize or assist the development of such project.

History (2)

Acts 1986, ch. 789, § 9
T.C.A., § 64-5-209.

§ 64-5-110. Educational, recreational and other facilities authorized.

(a) Without derogating from any of its powers, duties, functions and responsibilities as set forth in the other provisions of this chapter, the authority is specifically authorized to make plans for the construction, operation, and maintenance of regional facilities, including, but not limited to, educational and recreational facilities in one (1) or more of the counties constituting the region and to take all such actions as are necessary or convenient in the judgment of the board in effectuating such plans, including, but without limitation by reason of this enumeration:
1. (1) The acquisition of sites for the facilities;
2. (2) The sale or transfer of such sites if acquired in the authority's name, to the agency or institution that will own and operate the facility arranging for the financing of the facility's construction, operation, and maintenance;
3. (3) Applying for such federal assistance as may be available and obligating the agency as required to obtain such assistance; and
4. (4) Making contracts and agreements with federal, state and local educational agencies and institutions in carrying out this section.
(b) The authority may, at the request of the counties, act as a vehicle for contracts of agreements among counties for carrying out regional projects.

History (2)

Acts 1986, ch. 789, § 10
T.C.A., § 64-5-210.

§ 64-5-111. Bond issues — Refunding bonds — Appropriation requests.

(a) The authority is authorized and empowered to issue its bonds from time to time for the purpose of paying in whole or in part the cost of acquiring lands and interests therein and of constructing facilities and improvements subject to the limitations and conditions provided in this chapter. Any resolution of the board authorizing the sale of bonds shall be submitted to the state funding board established by § 9-9-101, and such resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing any bond issue, shall state in writing the reasons for this action.
(b)
1. (1) Except as otherwise expressly provided in this section, all bonds issued by the authority are payable solely out of the revenues and receipts derived from the agency's projects or of any of the bonds as may be designated in the proceedings of the board under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest, or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without the state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board whereunder the bonds shall be authorized to be issued.
2. (2) If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds, but nothing contained in this section shall be construed to confer on the authority any right or option to redeem any bonds except as may be provided in the proceedings under which they are issued.
3. (3) Any bonds of the authority may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board to be most advantageous, and the authority may pay all expenses, premiums and commissions that its board may deem necessary or advantageous in connection with the issuance thereof.
4. (4) Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
5. (5) Proceeds of bonds issued by the authority may be used for the purpose of constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion and payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds and the establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(c) Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following:
1. (1) The principal amount of the obligations being refinanced;
2. (2) Applicable redemption premiums thereon;
3. (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
4. (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever is determined by the board to be most advantageous or necessary to the authority;
5. (5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
6. (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
7. (7) Expenses, premiums and commissions of the authority, including bond discounts, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the authority or, that any of the amounts provided in this subdivision (c)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date or permitted to remain outstanding until their respective dates of maturity shall be conclusive.
(d) Any such refunding may be effected whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
(e) Prior to the issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (e).
(f) If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
(g) The principal proceeds from the sale of any refunding bonds shall be applied only as follows:
1. (1) To the immediate payment and retirement of the obligations being refunded; or
2. (2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded and to pay any expenses incurred in connection with such refunding, but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of these obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subsection (g) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that shall not have matured and that shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption.
(h) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(i)
1. (1) The principal of and interest on any bonds issued by the authority may be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sales contracts or loan agreements relating to such projects, or any thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board shall deem advisable not in conflict with this subdivision (i)(1). Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.
2. (2) In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of these remedies.
(j) In addition to the foregoing, the authority is authorized to issue general obligation bonds in conjunction with the state of Tennessee. Any bond issue wherein the general obligation of the state is attached must first be approved by the state funding board and by the general assembly and provisions made for amortization of both principal and interest for a period not to exceed forty (40) years. The levying of an ad valorem tax for a bond issue by a county or municipal government under this subsection (j) shall be binding and collectible by the state in case of default. Bonds issued under this subsection (j) shall be issued in the usual manner as state bonds and sold under such conditions as the general assembly may specify.
(k) No later than October of each year, the authority shall transmit to the governor a request and an amount of appropriation needed during the next fiscal year for authority purposes, including administration, operations and capital improvements, and appropriate justification for use of such appropriation, such amount or other amount as deemed appropriate by the governor to be included in the budget transmitted to the general assembly.

History (3)

Acts 1986, ch. 789, § 11
2016, ch. 797, § 17
T.C.A., § 64-5-211.

§ 64-5-112. Local governmental units authorized to make contributions and issue bonds.

The various counties, towns and incorporated municipalities in the region are hereby authorized and empowered to:
1. (1) Contribute to the work of the authority any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or city. County legislative bodies and governing bodies of such cities or towns are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes; and
2. (2) Issue their bonds as provided in title 9, chapter 21 to obtain funds for the financing of public works projects undertaken by the authority or to secure advances made by federal agencies for the construction agreements with the authority.

History (3)

Acts 1986, ch. 789, § 12
1989, ch. 403, § 12
T.C.A., § 64-5-212.

§ 64-5-113. Statement of objectives — Annual report — Accounting system — Audits — Purchasing and contracting procedures.

(a) The board, after receiving recommendations from its advisory committee, shall annually formulate and issue a statement of objectives, priorities and programs that it has adopted or envisions to meet these objectives. This statement of objectives shall be included in the annual report.
(b) The board shall report annually to the governor, the commissioner of economic and community development, the state funding board and to the general assembly through the office of legislative budget analysis and the chairs of the following standing committees or such other committees as the speaker of each respective house may direct: senate finance, ways and means, senate government operations, senate state and local government, house finance, ways and means, house government operations, and state government of the house of representatives. This report shall also be transmitted to the governing bodies of the various counties and incorporated municipalities of the region. Such reports shall include a statement of financial receipts and expenditures, assets and liabilities of the authority and a summary of all activities and accomplishments for the period and proposed plans for the next year.
(c) The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the authority.
(d)
1. (1) The annual reports and all books of accounts and financial records of all funds received are subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the authority.
2. (2) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
3. (3) All audits shall be completed as soon as practicable after the end of the fiscal year of the authority. One (1) copy of each audit shall be furnished to each member of the board and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
(e) The board shall develop purchasing and contracting procedures, which shall be approved by the comptroller of the treasury prior to implementation.

History (4)

Acts 1986, ch. 789, § 13
2010, ch. 1030, § 14
2013, ch. 236, § 69
T.C.A., § 64-5-213.

§ 64-5-114. Cooperation of state agencies.

All state agencies are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation of its planning and development program.

History (2)

Acts 1986, ch. 789, § 14
T.C.A., § 64-5-214.

§ 64-5-115. Cooperation with Mid-Cumberland and Upper Cumberland development districts.

The board shall endeavor to cooperate with the Mid-Cumberland and Upper Cumberland development districts and to avoid duplication with the activities of these agencies and any other agencies whenever possible.

History (2)

Acts 1986, ch. 789, § 15
T.C.A., § 64-5-215.

§ 64-5-116. Employees' retirement.

The employees of the authority are eligible for membership in the Tennessee consolidated retirement system pursuant to title 8, chapter 35, part 2, and the board shall provide the necessary contributions to the Tennessee consolidated retirement system for its employees. This section does not preclude the board from contracting with individuals for their personal services under a contract of limited duration and not including retirement benefits to such individuals.

History (3)

Acts 1986, ch. 789, § 16
2003, ch. 12, § 9
T.C.A., § 64-5-216.

§ 64-5-117. Review and termination.

The authority shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and reviewed pursuant to § 4-29-119.

History (2)

Acts 1986, ch. 789, § 17
T.C.A., § 64-5-217.

Chapter 6 Tennessee Regional Megasite Authority Act of 2007

§ 64-6-101. Short title — Creation and establishment of regional megasite authority — Applicability.

(a) This chapter shall be known and may be cited as the “Tennessee Regional Megasite Authority Act of 2007.”
(b) A regional authority may be established and created as a regional megasite authority pursuant to this chapter. Section 7-53-104(b) shall apply to a regional megasite authority, which shall have the same powers and authority granted to a corporation under title 7, chapter 53, except as otherwise provided in this chapter. Notwithstanding anything in title 7, chapter 53 to the contrary, in the event of a conflict, this chapter shall control. A regional megasite authority may be established for the purpose of acquiring land, improving, financing, operating, maintaining and marketing a megasite and may be created by two (2) or more participating municipalities; provided, that at least one (1) of the municipalities includes the location of the megasite or may be created by the commissioner of economic and community development in accordance with § 64-6-110.
(c) This chapter does not apply to the Megasite Authority of West Tennessee created pursuant to the Megasite Authority of West Tennessee Act of 2021, compiled in chapter 9 of this title.

History (3)

Acts 2007, ch. 426, § 1
2009, ch. 158, § 1
2021 (2nd Ex. Sess.), ch. 1, § 2.

§ 64-6-102. Chapter definitions.

As used in this chapter, terms shall be as defined in § 7-53-101, except as provided below or unless the context otherwise requires:
1. (1) “Authority” means a regional megasite authority created pursuant to this chapter;
2. (2) “Governing body” means the legislative body of a county or the legislative body of an incorporated municipality;
3. (3) “Megasite” means a site certified as being suitable and available for development for significant economic and industrial investment as provided in § 64-6-103; and
4. (4) “Project” means all or any part of, or any interest in, any land and building, including an office building, any facility or other improvement on the land and all real and personal properties located either on a megasite or off a megasite deemed necessary in connection with the megasite, whether or not now in existence, that are suitable for any industrial or commercial enterprises or any combination of the land, buildings, facilities, improvements or real or personal properties located at the megasite.

Backlinks (1)

67-4-2903(4)

History (2)

Acts 2007, ch. 426, § 1
2009, ch. 158, § 2.

§ 64-6-103. Certification of a megasite.

(a) In order for a site to be considered for certification as a megasite, the site should generally consist of a minimum of one thousand (1,000) contiguous acres; provided, however, that, in addition to the one thousand (1,000) acres of contiguous property, other proximate but noncontiguous property may be a part of the megasite. Certification of a site shall be pursuant to a process approved by the commissioner of economic and community development.
(b) The commissioner of economic and community development may approve a proposed megasite certification process as being consistent with this chapter when the determination of suitability and availability of a site for development is based upon, but not limited to, consideration of zoning, location, transportation access, utilities access, topography, geotechnical characteristics, environmental review, title and community support.
(c) Certification of a site as constituting a megasite pursuant to an approved process shall be filed with the commissioner and shall be deemed conclusive.

Backlinks (1)

64-6-102(3)

History (2)

Acts 2007, ch. 426, § 1
2009, ch. 158, § 3.

§ 64-6-104. Participating municipality — Incorporation of the authority — Certificate of incorporation — Organizational meeting.

(a) For the purposes of this chapter, for a county or an incorporated municipality to be a “participating municipality,” the county or incorporated municipality may, upon approval by a majority vote of its governing body, elect to participate in a regional megasite authority as set out in this chapter. In the event such an election is made, this chapter shall apply to all counties and incorporated municipalities making such an election; provided, that participation shall be limited to any county or incorporated municipality that:
1. (1) Includes all or part of a megasite within the county or incorporated municipality;
2. (2) Is a county that is contiguous to the county in which the megasite is wholly or partially located; or
3. (3) Is the incorporated municipality with the largest population that elects to become a participating municipality in the county in which the megasite is wholly or partially located or is the incorporated municipality with the largest population that elects to become a participating municipality in a county that is contiguous to the county in which the megasite is wholly or partially located.
Backlinks (2)
- 64-6-105(a)(1)(A)
- 64-6-105(a)(1)(B)
(b) A participating municipality may sell, lease, give, provide or otherwise supply such personnel or services and may appropriate such funds to the authority as may be within its legal power to furnish.
(c) If the governing body of a county or an incorporated municipality, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that the authority be formed, elects to participate and approves the form of certificate of incorporation proposed to be used in organizing the authority, then the governing body shall designate a person as an incorporator to assist with the execution, acknowledgement and filing of a certificate of incorporation for the authority.
(d) The certificate of incorporation shall set forth:
1. (1) The name of the authority;
2. (2) The participating municipalities and the dates of elections by the governing bodies;
3. (3) The number of voting directors;
4. (4) The names and residences of the designated incorporators;
5. (5) The location of the principal office of the corporation;
6. (6) The purposes for which the authority is organized;
7. (7) The period, if any, for the duration of the authority; and
8. (8) Any other matter deemed appropriate and consistent with this chapter and the laws of this state.
(e) When executed and acknowledged by the incorporators, the certificate shall be filed with the secretary of state and may be subsequently amended or the authority dissolved, all consistent with title 7, chapter 53.
(f) Within thirty (30) days of filing the certificate with the secretary of state, the incorporators shall meet in an organizational meeting, adopt temporary bylaws and notify appointing authorities of the organizational activities and set the meeting date by which members are to be appointed, which date shall provide sufficient time for those appointments.

Backlinks (1)

64-6-110(a)

History (2)

Acts 2007, ch. 426, § 1
2009, ch. 158, §§ 4-9.

§ 64-6-105. Board of directors.

(a)
1. (1) The authority shall be governed by a board of directors in which all powers of the corporation shall be vested. The membership of the board shall include the following:
  1. (A) For each county that chooses to be a participating municipality in accordance with § 64-6-104(a), the county mayor or a designee of the county mayor of that county;
  2. (B) The mayor or the designee of the mayor in an incorporated municipality that chooses to be a participating municipality in accordance with § 64-6-104(a);
  3. (C) The two (2) speakers of the respective houses acting jointly after consultation with the members whose districts lie within the participating counties shall appoint one (1) member;
  4. (D) The governor, after consultation with the mayors of the participating municipalities, shall appoint one (1) member; and
  5. (E) The chancellor of the board of regents shall appoint one (1) member from the presidents of the community colleges that have a campus within the participating counties.
2. (2) For the purposes of calculating terms, members serving on a board as of January 1, 2013, shall serve until December 31, 2014. At the conclusion of such terms:
  1. (A) Each regular term of the board member appointed jointly by the speakers beginning January 1, 2015, shall be two (2) years, to be coterminous with the terms of office of the speakers;
  2. (B) Each regular term of the board member appointed by the governor beginning January 1, 2015, shall be four (4) years, to be coterminous with the term of office of the governor; and
  3. (C) Each regular term of all other board members appointed in accordance with this subsection (a) beginning January 1, 2015, shall be for three (3) years.
3. (3) Board members shall serve until their successors are appointed. If a vacancy occurs on the board, the remainder of the term shall be filled by the respective appointing authorities in accordance with this subsection (a).
4. (4) Any board created pursuant to this subsection (a) shall cease to exist upon the completion of the sale of a megasite governed by such board.
Backlinks (1)
- 64-6-110(a)
(b) The directors shall serve without compensation, except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties, unless otherwise authorized by local ordinance or resolution.
(c)
1. (1) The board shall elect such officers and adopt such bylaws as deemed appropriate.
2. (2) The board may elect an executive committee from among its members, which may act on behalf of the board between regular board meetings.
(d) A director who can designate a representative shall make the designation in writing, addressed to the chair of the authority specifying the meeting for which the designation is effective, to be filed in advance of the meeting.

History (3)

Acts 2007, ch. 426, § 1
2009, ch. 158, §§ 10-12
2013, ch. 265, § 1.

§ 64-6-106. Powers of the authority.

(a) In addition to powers and authority granted to a corporation under title 7, chapter 53, the authority is authorized and empowered to:
1. (1) Accept any gifts, or grants, loans of funds or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government or from the state or a municipality, including a participating municipality, or from any other source and to comply, subject to this chapter, with the terms and conditions thereof; and
2. (2) Provide technical assistance to participating municipalities in planning for the development of the megasite.
(b) The authority is authorized and empowered to issue bonds from time to time. All provisions of title 7, chapter 53, regarding bonds shall apply to the authority and any bonds issued by the authority. Any resolution of the authority authorizing the sale of bonds shall be submitted to the state funding board established by § 9-9-101, and the resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing any bond issue, shall state in writing the reasons for this action.

History (1)

Acts 2007, ch. 426, § 1.

§ 64-6-107. Exemption from taxation — Payments in lieu of taxes.

(a)
1. (1) The authority is declared to be performing a public function on behalf of the participating municipalities and to be a public instrumentality of the municipalities. Accordingly, the authority and all properties at any time owned by the authority, the income and revenues from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all taxation in the state.
2. (2) For purposes of the Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(b)
1. (1) A participating municipality in which a portion of a megasite is located may delegate to the authority the power to negotiate and enter into, with an authority's lessees, payments in lieu of ad valorem taxes; provided, that the authorization shall be granted only upon a finding that the payments are deemed to be in furtherance of the authority's public purposes as defined in this chapter. No contract, lease, understanding, or other agreement of any kind, including any renewal or extension of the agreement, entered into by the authority to which such power has been delegated shall permit payment in lieu of taxes to be waived or otherwise not assessed for a period of greater than twenty (20) years from the date of the contract, lease, understanding or other agreement, unless both the commissioner of economic and community development and the comptroller of the treasury have made a written determination that the agreement is in the best interest of the state. The authority shall attach to each agreement an analysis of the costs and benefits of the agreement, in such manner and under such conditions as shall be prescribed by the commissioner of economic and community development or the commissioner's designee. The legislative body of a participating municipality making the delegation may, in its sole discretion, require the authority to submit any such agreement to the applicable legislative body for its approval.
2. (2) If the project is located within the corporate limits of a municipality, then payments shall be shared between the incorporated municipality and the county in which the megasite is located, proportionate to their property tax levies in effect on the date of execution of the agreement for payments in lieu of taxes.
3. (3) The trustee shall bill and collect all payments in lieu of taxes based on the agreement and the apportioned taxes.
(c) An agreement for payment in lieu of taxes shall contain such terms and conditions as the authority may determine, which may include, but shall not be limited to, provisions to:
1. (1) Defer and subordinate or defer or subordinate payment of all or a portion of the payment in lieu of taxes to such future time as the authority may determine; and
2. (2) Require interest to accrue on such deferred amount.
(d)
1. (1) Before October 1 of each year, each lessee of the authority shall submit to the state board of equalization an annual report containing:
  1. (A) A list of all the real and personal property owned by the authority and its associated entities and subsidiaries;
  2. (B) The value of each listed property as estimated by the lessee;
  3. (C) The date and term of the lease for each listed property;
  4. (D) The amount of payments made in lieu of property taxes for each listed property;
  5. (E) The date each listed property is scheduled to return to the regular tax rolls; and
  6. (F) A calculation of the taxes that would have been due for each listed property if the properties were privately owned or otherwise subject to taxation.
2. (2) Each lessee of the authority shall be responsible for the timely completion and filing of the report and failure to timely complete and file the report shall subject the lessees to a penalty; provided, that no lessee shall be liable that has provided the state board of equalization with the information required by this section insofar as may be pertinent to property leased by the lessee from the authority. The penalty for late filing shall be fifty dollars ($50.00) for each day the report is late up to a maximum of five hundred dollars ($500), and the maximum penalty shall accrue interest at the rate of one and one-half percent (1.5%) per month, plus any cost of collection.

History (1)

Acts 2007, ch. 426, § 1.

§ 64-6-108. Economic impact plan — Allocation of taxes.

(a) The authority is authorized to prepare and submit to the participating municipalities for approval an economic impact plan in the manner described in this section.
(b) An economic impact plan shall be a written document and shall specifically identify the area to be included in the plan. The area to be included in the plan shall be located in the participating municipalities and shall also include the county in which the megasite is located. In addition to the megasite, the area that is the subject of the economic impact plan may also include any other properties that the authority determines will be directly improved or benefited due to the undertaking of the megasite. The area may include one (1) or more portions that are not contiguous to the rest of the area. The economic impact plan shall:
1. (1) Identify the boundaries of the area subject to the plan;
2. (2) Discuss the expected benefits to the participating counties from the development of the area subject to the plan, including anticipated tax receipts and jobs created; and
3. (3) Provide that the property taxes imposed on the property, including the personal property, located within the area subject to the plan shall be distributable in the manner described in subsection (c) for a period of time specified in the plan.
(c) Upon the approval by the participating municipalities of an economic impact plan with respect to an area, all property taxes levied upon property located within the area by any taxing agency after the effective date of the plan shall be divided as follows:
1. (1) That portion of the taxes that is equal to the amount of taxes, if any, that were payable with respect to the property for the year prior to the date the economic impact plan was approved, the base tax amount, to the participating municipalities shall be allocated to and, when collected, shall be paid to the respective taxing agencies as taxes levied by those taxing agencies on all other property are paid; provided, that in any year in which the taxes on any property are less than the base tax amount, there shall be allocated and paid to the respective taxing agencies only those taxes actually imposed; and
2. (2) Any excess of taxes over the base tax amount shall be allocated to and, when collected, shall be paid into a separate fund of the authority established to hold such payments until applied for the purposes described in subsection (h).
(d) Notwithstanding subsection (a) to the contrary, the authority may prepare, and the participating municipalities may approve, an economic impact plan that allocates an amount greater than the base tax amount to the taxing agencies.
(e) An economic impact plan shall not provide for an allocation of taxes to the authority for a period in excess of thirty (30) years.
(f) The governing bodies of the participating municipalities may approve an economic impact plan by resolution, notwithstanding any local charter provision or other provision to the contrary. If the area subject to an economic impact plan is located within the corporate limits of a municipality, the taxes that would otherwise be payable to the municipality or county shall not be paid to the authority unless the city, town or county has also approved the economic impact plan.
(g) Before the authority submits an economic impact plan for approval to the governing bodies of the participating municipalities or to any other municipality, the authority shall hold a public hearing relating to the proposed plan after publishing adequate public notice of the public hearing at least two (2) weeks prior to the date of the public hearing. The notice shall include the time, place and purpose of the public hearing, and notice of how a map of the area subject to the plan can be viewed by the public.
(h) All taxes allocated to the authority pursuant to this section shall only be applied by the authority to pay expenses of the board in furtherance of promoting economic development in the participating municipalities, to pay the cost of projects or to pay debt service on bonds or other obligations issued by the authority to pay the cost of the projects. The authority is authorized to pledge any or all amounts received by the authority pursuant to this section to the payment of such bonds or other obligations.
(i) After the approval by a municipality of an economic impact plan, the clerk or other recording official of the municipality shall transmit to the appropriate tax assessors and to each taxing agency to be affected, a copy of the description of all property within the area subject to the economic impact plan and a copy of the resolution approving that plan. If the plan is approved by any taxing agency other than the municipality, the clerk or other recording official of that taxing agency shall also provide a copy of the resolution approving the plan to the tax assessors and taxing agencies.

History (2)

Acts 2007, ch. 426, § 1
2009, ch. 158, §§ 13, 14.

§ 64-6-109. Review and termination.

Any authority established shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and reviewed pursuant to § 4-29-119.

History (1)

Acts 2007, ch. 426, § 1.

§ 64-6-110. Alternative method of establishing and governing an authority.

(a) This section creates an alternative method of establishing and governing an authority instead of §§ 64-6-104 and 64-6-105(a).
(b)
1. (1) If the commissioner of economic and community development finds and determines that it is wise, expedient, necessary or advisable that the authority be formed and approves the form of certificate of incorporation proposed to be used in organizing the authority, then the commissioner shall act as incorporator or designate a person as incorporator to execute, acknowledge and file a certificate of incorporation for the authority, which certificate shall set forth:
  1. (A) The name of the authority;
  2. (B) The number of voting directors;
  3. (C) The name and residence of the incorporator;
  4. (D) The location of the principal office of the corporation;
  5. (E) The purpose for which the authority is created;
  6. (F) The period, if any, for the duration of the authority; and
  7. (G) Any other matter deemed appropriate and consistent with this chapter and the laws of this state.
2. (2) When executed and acknowledged by the incorporator, the certificate shall be filed with the secretary of state and may be subsequently amended or the authority dissolved, all consistent with title 7, chapter 53. Within thirty (30) days of filing the certificate with the secretary of state, the incorporator shall adopt temporary bylaws.
(c)
1. (1) The authority formed pursuant to this section shall be governed by a board of directors in which all powers of the corporation shall be vested. The membership of the board shall include the following:
  1. (A) The county mayor or a designee of the county mayor of the county in which the megasite is located or, if it is located in more than one (1) county, the county in which the megasite is predominately located;
  2. (B) The mayor or the designee of the mayor in the incorporated municipality with the largest population in a county in which the megasite is located or, if it is located in more than one (1) county, the county in which the megasite is predominately located;
  3. (C) The two (2) speakers of the respective houses acting jointly after consultation with the members whose districts lie within the participating counties shall appoint two (2) members;
  4. (D) The governor shall appoint two (2) at-large members and three (3) additional members representing and residing in counties contiguous to the county in which the megasite is located. At the time of initial appointment, the three (3) additional members shall be selected from counties not otherwise represented on the board. Notwithstanding any provision of this part to the contrary, the three (3) additional members shall serve without reimbursement for their actual travel expenses;
  5. (E) The chancellor of the board of regents shall appoint one (1) member from the presidents of the community colleges that have a campus within a county in which the megasite is wholly or partially located or within a county contiguous thereto; and
  6. (F) The executive director of the development district in which the megasite is located.
2. (2) For the purposes of calculating terms, members serving on a board as of January 1, 2013, shall serve until December 31, 2014, at which time their terms shall expire. At the conclusion of such terms:
  1. (A) Each regular term of the board members appointed jointly by the speakers beginning January 1, 2015, shall be two (2) years, to be coterminous with the terms of office of the speakers;
  2. (B) Each regular term of the board members appointed by the governor beginning January 1, 2015, shall be four (4) years, to be coterminous with the term of office of the governor; and
  3. (C) Each regular term of all other board members appointed in accordance with this subsection (c) beginning January 1, 2015, shall be for three (3) years.
3. (3) Board members shall serve until their successors are appointed. If a vacancy occurs on the board, the remainder of the term shall be filled by the respective appointing authorities in accordance with this subsection (c).
4. (4) Any board created pursuant to this subsection (c) shall cease to exist upon the completion of the sale of a megasite governed by such board.
(d) For purposes of authorities established and governed under this section, “participating municipality” means each incorporated municipality or county in which the megasite is wholly or partially located.

Backlinks (1)

64-6-101(b)

History (4)

Acts 2009, ch. 158, § 15
2010, ch. 970, § 1
2011, ch. 196, § 1
2013, ch. 265, § 2.

Chapter 7 Regional Development Authorities — Greater Nashville Regional Council

§ 64-7-101. Creation — Purpose.

(a) There is hereby created and established the Greater Nashville regional council, being a public body corporate and politic created on behalf of the counties of Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson and Wilson and all incorporated municipalities and metropolitan governments located within these counties.
(b) The general assembly hereby finds that it is necessary and desirable to create and establish the Greater Nashville regional council and empower the regional council with the duties, powers and authority set forth in this chapter, based in part on the finding of the general assembly as follows:
1. (1) The local governments comprising the regional council have experienced and are projected to experience continued rapid growth of residential, commercial and industrial development, which growth mandates coordination of planning, economic development and projects by and between local governments;
2. (2) This growth results in part from the location of major national and international industries and manufacturing facilities within the region, including support and corollary industries;
3. (3) The local governments within the region must plan, finance and implement projects, such as construction and upgrading of roads, highways and infrastructure as a direct result of increased demand attributable to growth within the region, much of which crosses local government jurisdictional boundaries; and
4. (4) It is in furtherance of the public policy of the state to create the regional council for the purpose of assuring continued growth and development in a manner that will preserve, protect and enhance the special quality of life indigenous to Tennessee. It is the further intent of the general assembly that the provisions and intent of this chapter be liberally construed.
(c) The regional council established pursuant to this chapter supersedes and is established in lieu of the Mid-Cumberland development district, previously established pursuant to the Development District Act of 1965, compiled in title 13, chapter 14, and the Mid-Cumberland council of governments established by agreement of the local governments pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9. It is the intent and purpose of the general assembly to establish the regional council with the powers and duties set forth in this chapter, in lieu of and in substitution of the Mid-Cumberland development district and Mid-Cumberland council of governments. All funding provided to the Mid-Cumberland development district pursuant to § 13-14-111 shall now and hereafter be provided to the regional council in the amount and manner as set forth in § 13-14-111.
(d) The regional council is created and established for the purpose of regional planning, economic development and interlocal agreements and cooperation for the geographical area embracing the above counties and incorporated municipalities located therein, referred to as the “region” in this chapter.
(e) The regional council's role in regional planning, economic development and interlocal agreements and cooperation includes the coordination of these activities and programs with those of other federal, state and local planning and development agencies.

History (1)

Acts 1988, ch. 886, § 1.

§ 64-7-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Comprehensive plan or general plan” means a general, broad-based long range plan or document that formulates policies and proposals to guide the growth and development of a local government. Such plans address functional elements, including, but not limited to, future land use, improvements to transportation systems, community facilities and infrastructure, as well as providing a capital improvements program and budget for implementation of these proposed improvements;
2. (2) “Infrastructure” means the basic network of public utilities and access facilities that support and promote land development. Water and sewerage system elements, storm drainage systems, roads, streets and highways, public transportation, pedestrian and bicycle facilities, railroads, gas and electric transmission lines, telecommunications networks and solid waste disposal sites and similar public facilities shall be included in this definition;
3. (3) “Local government or governments” means Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson and Wilson counties and all incorporated municipalities and metropolitan governments located within these counties;
4. (4) “Public agency” means the regional council, any political subdivision of this state, any agency of the state government or of the United States and any political subdivision of another state;
5. (5) “Regional council” means the greater Nashville regional council created by this chapter; and
6. (6) “Regional impact project” means:
  1. (A) Any commercial, residential, industrial, recreational or public facility building or development, the construction or expansion of which is proposed to be located in more than one (1) local government jurisdiction and/or where the construction or expansion of the building or development is expected by the local government or by the regional council to have infrastructure impacts upon two (2) or more government jurisdictions; and
  2. (B)
    1. (i) Upon determination that the proposed location, construction or expansion of a building or development is expected by the local government or by the regional council to have infrastructure impacts upon two (2) or more local government jurisdictions, additional quantitative measures are provided in this chapter for general reference in the determination of regional impact projects, and are not all inclusive, but shall include any:
      1. (a) Commercial or industrial building or development aggregating two hundred fifty thousand square feet (250,000 sq. ft.) or more of floor area;
      2. (b) Residential development of two hundred fifty (250) or more dwelling units;
      3. (c) Recreational or public facility building or development that will generate fifteen thousand (15,000) or more additional vehicle trips per day; and
      4. (d) Infrastructure project having the installation of water lines of greater than six inches (6″) in diameter, sewer lines greater than eight inches (8″) in diameter or road improvements that provide or increase capacity by fifteen thousand (15,000) or more vehicles per day;
    2. (ii) The applicability of these measures in the determination of regional impact projects will vary somewhat with the location of the proposed project, but should be used by the local government jurisdictions and/or the regional council in making such determinations. Other quantitative measures as determined by the regional council may be utilized in determining regional impact projects.

History (3)

Acts 1988, ch. 886, § 1
2018, ch. 634, §§ 1, 2
2022, ch. 837, § 1.

§ 64-7-103. Regional council — Composition — Term of office — Officers — Meetings.

(a) The regional council is composed of and governed by the following:
1. (1) The county mayor or county executive of each county within the region;
2. (2) The mayor of each municipality within the region;
3. (3) The chief elected official of any metropolitan government within the region;
4. (4) One (1) representative from an agency or organization involved with issues of economic development appointed by the county mayor, county executive, or metropolitan mayor from each of the regional council's member counties;
5. (5) One (1) member of the senate, selected from and by those senators whose districts are wholly or in part within the region;
6. (6) One (1) member of the house of representatives, selected from and by those representatives whose districts are wholly or in part within the region; and
7. (7) One (1) minority representative with knowledge of issues related to social equity and inclusion, appointed by the county mayor, county executive, or metropolitan mayor from each of the regional council's member counties.
(b)
1. (1) The terms of office of the regional council are as follows:
  1. (A) The member of the senate and member of the house of representatives serve on the council for two (2) years or until they are no longer members of the general assembly, whichever occurs first;
  2. (B) All members who serve on the regional council pursuant to subdivisions (a)(1)-(3) serve until they cease to occupy the elected position entitling them to membership; and
  3. (C) All members of the regional council who are appointed by an elected official serve for four (4) years or until the expiration of the term of the official by whom such representative was appointed, whichever occurs first.
2. (2) Members may be reappointed.
(c)
1. (1) The four (4) officers of the regional council include a chairperson, vice chairperson, and treasurer who are elected annually from and by the regional council membership at the annual meeting, and a secretary who is the person serving as executive director of the regional council.
2. (2) The officers serve a one-year term and may be reelected to additional terms.
3. (3) A vacancy created by the resignation, death, permanent disability, or removal of an officer must be filled by a vote of the board of directors for the unexpired term of the officer for the office that was vacated.
(d) The regional council shall meet at least annually at a time and place to be determined by the secretary of the regional council in consultation with the board of directors. The first annual meeting each year must be held for the purpose of electing officers, reviewing programs of the council, adopting work programs and budgets, and other matters necessary to ensure the operation of the regional council.

History (5)

Acts 1988, ch. 886, § 1
2003, ch. 90, § 2
2006, ch. 609, § 1
2018, ch. 634, §§ 3-7
2022, ch. 837, § 2.

§ 64-7-104. Board of directors — Membership — Officers.

(a) At the annual meeting, the regional council shall appoint a board of directors to be the administrative body of the regional council that is authorized by the regional council to act in its stead.
(b) The membership and term of office of the board of directors are set by the organizational bylaws.
(c) In determining membership on the board of directors, the regional council shall ensure at least one (1) local government within each of the counties is represented by the council.
(d) The regional council officers serve as officers to the board of directors.

History (4)

Acts 1988, ch. 886, § 1
2006, ch. 609, § 2
2018, ch. 634, § 8
2022, ch. 837, § 3.

§ 64-7-105. Uniform accounting system.

The regional council shall establish and maintain the uniform accounting system as developed by the comptroller of the treasury and approved by the commissioner of finance and administration in compliance with § 13-14-108 as they relate to development districts.

History (1)

Acts 1988, ch. 886, § 1.

§ 64-7-106. Financing.

It is the intent of the state to assist financially with the development of powers and functions of the regional council and for the coordination of activities under this chapter. Funding is provided to the regional council in the amount and in the manner provided for in § 13-14-111 but is not limited to such funding.

History (2)

Acts 1988, ch. 886, § 1
2022, ch. 837, § 4.

§ 64-7-107. Reporting and auditing.

The regional council is subject to the reporting and auditing requirements of § 13-14-112.

History (2)

Acts 1988, ch. 886, § 1
2022, ch. 837, § 5.

§ 64-7-108. Requirements for appropriated funds.

Funds appropriated to implement this chapter are subject to the requirements of § 13-14-113.

History (2)

Acts 1988, ch. 886, § 1
2022, ch. 837, § 6.

§ 64-7-109. Bond or insurance requirements.

A regional council member, executive committee member, employee, officer or any other authorized person of the regional council who receives public funds, has authority to make expenditures from public funds or has access to any public funds shall give bond or obtain an insurance policy in accordance with § 13-14-114.

History (2)

Acts 1988, ch. 886, § 1
2022, ch. 873, § 2.

§ 64-7-110. Powers and duties.

(a) The regional council has the following powers and duties:
1. (1) To organize itself into a public body, elect its officers and adopt bylaws for purposes of carrying out functions authorized under this chapter;
2. (2) To receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficient, harmonious and economic development of the region, to receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
3. (3) To contract with local, state and federal agencies and with consultants for services to be provided;
4. (4) To prepare broad plans for the economic development of the region including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region that will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development and may include distribution of population, urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, that will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens, including the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development;
5. (5) To cooperate and coordinate its activities with the local and state planning agencies and with development districts in developing and implementing plans for development;
6. (6) To cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the region and recommend projects that will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the [former] Area Redevelopment Program [repealed] and the [former] Economic Opportunity Act [repealed];
7. (7) To cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development;
8. (8) To compile, prepare, publish and disseminate information about the economic resources of the region and about subareas;
9. (9) To encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws;
10. (10) To enter into compacts and contractual arrangements with planning agencies of other adjoining or neighboring states for the purpose of preparing joint, comprehensive plans for development of a broader area or region. The regional council is hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary;
11. (11) To assume and perform all duties, powers, functions and obligations and is entitled to all rights under all contracts and agreements to which the Mid-Cumberland development district and the Mid-Cumberland council of governments is a party, including all funding and compensation due under the contracts and agreements, including, but not limited to, all state and federal grants and programs;
12. (12) To contract with any other public agency singly or jointly to implement and administer public agency plans and to operate public agency programs and projects. Any other public agency has the power to contract with the regional council to implement and administer its plans and to operate its projects;
13. (13) To discuss and make recommendations on matters involving intergovernmental cooperation brought to the attention of the regional council by the regional council members, nonmembers, local governments, units of the state and federal governments, quasi-governmental agencies or citizens of the region;
14. (14) To initiate and/or request studies deemed necessary by the board of directors or the full regional council to further understanding of any matters or problems under consideration by the regional council;
15. (15) To establish or designate any such committees, technical committees or advisory groups it deems necessary to assist the carrying out of its purposes and functions;
16. (16) To accept contributions of funding and other assistance from:
  1. (A) Other public agencies; and
  2. (B) Private individuals, agencies, foundations, institutions, organizations, companies and/or corporations to further the planning or implementation functions described in this section and directed by the board of directors. The regional council shall not accept such private contributions when and if the contribution may be determined by the board of directors to be an effort to influence the regional council's actions, recommendations or plans;
17. (17) To own or lease real and personal property that is necessary in order to fulfill the duties and responsibilities of the regional council as set forth in this chapter; and
18. (18) To have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state.
(b) The regional council has powers and duties that enable it to function as a catalyst in the implementation of projects that are planned by or for the regional council or are for the benefit of a portion of the member local governmental units of the regional council. The regional council as a public agency and any one (1) or more local governments within the region as public agencies may join together to exercise their powers in the following manner:
1. (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise or enjoy all the powers, privileges and authority conferred by this chapter upon a public agency. The authority for joint or cooperative action of political subdivisions applies only to such powers, privileges or authority vested in their governing bodies, and no joint or cooperative agreement shall be entered into affecting or relating to the constitutional or statutory powers, privileges or authority of officers of political subdivisions or of agencies of political subdivisions having powers granted by statute independent of the governing body;
2. (2) Any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law is necessary before any such agreement may enter into force;
3. (3) Any such agreement shall specify the following:
  1. (A) Its duration;
  2. (B) The precise organization, composition and nature of any separate legal or administrative entity or entities created thereby, which may include, but not be limited to, a nonprofit corporation, together with the powers delegated thereto;
  3. (C) Its purpose or purposes;
  4. (D) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking;
  5. (E) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
  6. (F) Any other necessary and proper matters;
4. (4) In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (b)(3)(A)-(F), contain the following:
  1. (A) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and, in the case of a joint board, public agencies party to the agreement shall be represented; and
  2. (B) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking;
5. (5) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance of the agreement by a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility;
6. (6) Financing of joint projects by agreement shall be as provided by law;
7. (7) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state;
8. (8) In the event that an agreement made pursuant to this chapter deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or agency's jurisdiction;
9. (9) Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services for the undertaking as may be within its legal power to furnish;
10. (10) Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. Contracts entered into pursuant to this section need to conform to the requirements set forth in this chapter for contracts for joint undertakings; and
11. (11) Nothing in this chapter prohibits any public agency from contracting with other public agencies under existing statutory or charter authority.
(c) The regional planning function of the regional council shall be broadly interpreted from the functions in subsections (a) and (b) and shall also include specifically the following functions:
1. (1) Developing, amending and redrafting regional goals, strategies, policies, standards and plans for the region, which goals, strategies, standards and plans may consist of, but are not limited to, a combination of the following elements: land use, transportation, water, sewer, solid waste, recreation and open space, housing and environmental concerns;
2. (2) Reviewing and making recommendations on all comprehensive or general plans or major elements thereof developed by the local governments after the enactment of these provisions to ensure compatibility and consistency with regional goals, strategies, policies, standards and plans adopted by the regional council, which plans by the local governments include, but are not limited to, existing and future land use, functional transportation plan, public facilities plan to include water and sewer plans, capital improvements programs and budgets;
3. (3) Reviewing all grant and loan requests from local governments or other organizations or agencies within the jurisdiction of the local governments to the state and federal governments and submitting recommendations and comments on these requests where appropriate as authorized previously by executive order of the governor;
4. (4) Reviewing all regional impact projects;
5. (5) Planning for any regional cooperative infrastructure projects and acting as a catalyst in the implementation of these projects by planning for these projects, assisting in the structuring of financing and financial arrangements and assisting in the formation of institutional arrangements for the construction and operation of these facilities; and
6. (6) Calling for public hearings for the purpose of citizen participation on any of the above within the discretion of the board of directors, to resolve conflict between and among entities of local governments on any of the above, or to resolve conflicts between the regional council and any local government affected by a regional goal, policy, standard and plan.
(d) The review processes as outlined in subdivisions (c)(2) and (3) are mandatory reviews, and the board of directors shall issue comments and/or recommendations to the local, state or federal governments as to the findings of these reviews. The comments and/or recommendations of the board of directors shall not be binding on these governmental units, but shall be viewed as advisory as are those of other reviewing bodies, such as local planning commissions. Review by the board of directors of items in subdivisions (c)(2) and (3) shall be based on the regional council's adopted regional goals, strategies, policies, standards and plans.
(e) The review process as outlined in subdivision (c)(4) may be initiated by any of the following means:
1. (1) A mayor or county mayor and/or legislative body whose city or county will be impacted by the project can request the review in accordance with procedures established by the board of directors;
2. (2) The planning staff of any jurisdiction in which the project is proposed to be located and/or the planning commission that has jurisdiction over the review, recommendation or approval of the project;
3. (3) The board of directors may request review of the proposed project; or
4. (4) Any agency, commission or department of the state of Tennessee, adjoining state or federal government may request the regional council to review the project.
(f) The board of directors' review, comments and/or recommendations regarding a regional impact project will be based on compatibility and consistency with regional goals, strategies, policies and plans, and it will also be based on an analysis of the probable impacts of the regional impact project. The impact analysis is designed to be an aid and an information source for mayors, county mayors, planning staffs, local planning commissions, city councils, and boards of county commissioners, state and federal agencies, commissions and departments in their evaluations of a project and an aid for adjacent jurisdictions to coordinate and plan for impacts that are created by these projects.
(g) The review and recommendations process as outlined in subdivisions (c)(3) and (4) shall be completed by the board of directors within a maximum of thirty (30) days after its submission to the board of directors. Projects, grants and loan applications will be placed on the board of directors' next available agenda when received by the board of directors if the project, grant or loan application is received within fifteen (15) days of the meeting. If the project, grant or loan application is received by the board of directors less than fifteen (15) days prior to its next meeting, it will be placed on the agenda of the next subsequent meeting. If the board of directors fails to respond to a project, grant or loan application by failing to make a review and recommendation or fails to call for a public hearing within the thirty (30) days after its submittal, it is deemed acceptable or of no regional impact. The thirty-day review period may be extended, if the board of directors finds it is appropriate to do so in the public interest in order to conduct a public hearing. The review and recommendation of the board of directors on regional impact projects is an advisory function only. The ability to approve, modify or disapprove a regional impact project is wholly and completely within the jurisdiction of the local government in which the project is proposed to be located.

History (4)

Acts 1988, ch. 886, § 1
2003, ch. 90, § 2
2009, ch. 59, § 1
2022, ch. 837, §§ 7, 8.

§ 64-7-111. Limitations on powers and duties of regional council.

The following are limitations on the powers and duties of the regional council:
1. (1) All plans shall be advisory only unless provided otherwise by federal law pertaining to the development of regional plans and programs;
2. (2) No authority is hereby granted to enact zoning ordinances or subdivision standards;
3. (3) No authority is hereby granted such that would supplant or in any way interfere or supersede the planning and development authority granted cities and counties under other applicable state statutes;
4. (4) Plans prepared under this part must reflect goals and objectives for harmonious development of the region and, in the case of highways, must be in accordance and coordinated with plans of the department of transportation and of the [former] state planning office;
5. (5) Plans prepared under this chapter shall be transmitted to all governmental bodies in the region, and these may be adopted as their own for purposes of planning and development;
6. (6) No authority is hereby granted for the exercise of the power of eminent domain;
7. (7) No authority is hereby granted to regulate the agricultural or other use of land; and
8. (8) Only duly appointed members of the regional council or board of directors, or persons duly designated pursuant to § 6-54-112 or the regional council's organizational bylaws, may vote.

History (3)

Acts 1988, ch. 886, § 1
2018, ch. 634, § 9
2022, ch. 837, § 9.

§ 64-7-112. Operations.

The regional council shall adopt and operate under the following:
1. (1) Subject to the approval of the commissioner of finance and administration, adopt statewide uniform travel regulations, and the regional council shall reimburse its officers and employees for official travel in conformance with such regulations;
2. (2) Develop a system of competitive bidding on purchases of supplies and equipment and other contracts and submit the written procedures governing such system to the state procurement commission for approval;
3. (3) Develop written personnel procedures to be filed with the commissioner of finance and administration for the hiring, promotion, demotion and dismissal of all employees and shall include an employee compensation plan based on a salary comparability analysis that takes into account state salary schedules, local government salary schedules and regional private market variations; and
4. (4) Submit, annually, to the chairs of the finance, ways and means committees of the senate and house of representatives and to the office of legislative budget analysis a work program and budget, including an executive summary of the regional council's work program and budget.

History (4)

Acts 1988, ch. 886, § 1
2010, ch. 1030, § 15
2011, ch. 295, § 19
2016, ch. 797, § 16.

Chapter 8 Regional Transportation Authorities

Part 1 Regional Transportation Authority of Middle Tennessee

§ 64-8-101. Creation.

There is hereby established a regional transportation authority in the counties of Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson and Rutherford. In order for Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson or Rutherford County or any city, town or metropolitan government located within one (1) of these counties to participate in the regional transportation authority, the local government must pay its yearly local assessment to the authority within the time frame established by the authority. A county or city, town or metropolitan government may opt out of participation by means of a notice to the authority that it is ceasing payment of its yearly assessment or the failure of any local government to pay its yearly assessment, after notice and within a time frame as established by the authority, shall result in a presumption of the authority that the local government's wishes to opt out of participation in the authority. Such presumption may be overcome by the local governments payment of current and past due assessments within a time frame established by the authority. The regional transportation authority shall be a body corporate and politic, shall be governed and managed as provided for in this chapter and shall have the powers and duties provided for by this chapter and other applicable provisions of the law.

Backlinks (1)

4-29-253(a)(4)

History (3)

Acts 1988, ch. 1026, § 1
1989, ch. 140, § 1
2003, ch. 306, § 1.

§ 64-8-102. Governing board.

(a)
1. (1) The authority shall be governed by a board consisting of:
  1. (A) The county mayor or metropolitan mayor of each county included within the authority;
  2. (B) The mayor of each town or city included in the authority;
  3. (C) The commissioner of transportation or the commissioner's designee; and
  4. (D) Six (6) persons residing in the included counties to be appointed by the governor. In making these appointments, the governor shall strive to appoint people who will reflect the composition and interest of the population of the service area of the authority.
2. (2) The ex officio members shall serve during their terms of office and the appointed members shall be appointed to five-year terms and may be reappointed.
3. (3) The appointed members shall be persons representative of and knowledgeable concerning mass transit operations or service.
(b) The board shall elect a chair and such other officers as it may deem necessary.
(c) The board shall meet at least annually and may meet at any time on the call of the chair or upon request of a majority of the membership.
(d) Any ex officio member may designate a representative who shall be entitled to vote and fully participate in the actions of the board.
(e) Actions of the board shall require a majority vote of a quorum of the board, such quorum being set by the authority's bylaws.
(f) The board may establish through bylaws an executive committee and such procedures and rules for its operation as it may deem necessary. The executive committee may be empowered to perform as the administrative body of the board. The executive committee may be empowered by the board to act in its stead.
(g) Members of the board shall serve without compensation, but appointed or designated members may receive reimbursement for necessary travel expenses from funds available to the authority.

History (4)

Acts 1988, ch. 1026, § 2
1995, ch. 430, §§ 1-4
2003, ch. 90, § 2
2003, ch. 306, §§ 2-5.

§ 64-8-103. Personnel.

The board may employ such personnel or contract for professional planning, engineering, management, operating and support services as it may deem necessary from funds available to it. The board may also utilize services or assistance from any included county or municipality, including the loan of personnel.

History (2)

Acts 1988, ch. 1026, § 3
1995, ch. 430, § 5.

§ 64-8-104. Mass transit plans — Powers and duties of board.

(a) The board shall develop a plan for providing mass transit services in the authority. The plan shall include, but not be limited to, the following:
1. (1) Establishment, location or relocation of transit routes;
2. (2) Areas to be served;
3. (3) Frequency and method of service;
4. (4) Coordination of existing services;
5. (5) Contributions by governments in the service area toward the cost of transit services;
6. (6) Contracting or entering into agreements with existing entities to provide transit services or may establish and operate such services directly;
7. (7) Sources and methods of funding existing or expanded services;
8. (8) Provision of special services for disabled persons or other persons unable to use regularly scheduled and equipped services;
9. (9) Provision of services for special events or occasions; and
10. (10) Any other provisions necessary or desirable to establish a coordinated, reliable, scheduled regional service.
(b) In addition to the powers to plan for mass transit services, the authority shall have the following additional powers and duties in order to implement its plans for mass transit and other transportation services:
1. (1) To organize itself into a public body, elect officers and adopt bylaws for the purpose of carrying out the functions authorized by this chapter;
2. (2) To sue and be sued in its name with any causes of action against the authority or recovery against the authority governed by the Tennessee Governmental Tort Liability Act, complied in title 29, chapter 20;
3. (3) Enter into contracts and cooperative agreements with governmental, not-for-profit and for-profit entities;
4. (4) Purchase, own, lease and dispose of real and personal property in furtherance of the purposes of and the implementation of the authority's transit and transportation plans;
5. (5) Employ personnel or contract with public or private entities to construct or operate transportation and transit services;
6. (6) Employ or contract for professional services, such as, but not limited to, management, planning, support, engineering, legal, accounting and auditing services;
7. (7) Utilize for transit or transportation services any property, right-of-way, easement or other similar property owned or held by the state or any municipality, county or metropolitan government within the transportation service area of the authority that may be necessary and convenient for the implementation of the authority's transit and transportation plans so long as the governmental entity owning or controlling such property shall consent to the authority's use;
8. (8) The implementation of the authority's transit and transportation plans will necessitate the acquisition, construction, operation, and maintenance of properties, facilities and equipment and the employment of personnel or contracting for services, all of which the authority is authorized to undertake and accomplish and all of which are hereby declared and deemed to be for public and governmental functions conducted by the authority. The authority is a public body corporate and politic and all powers and duties granted by this chapter are and shall be declared public and corporate purposes and matters of public necessity;
9. (9) Establish local assessments to be paid by its city, town, metropolitan and county government members. The local assessment shall be based on a per capita and a flat rate. In establishing the per capita assessment, the authority shall use the population figures of the latest certified population of Tennessee incorporated municipalities and certified population of Tennessee counties as reported by the department of economic and community development. The per capita assessment established by the authority shall be at a rate of not less than ten cents (10¢) per capita nor greater than fifty cents (50¢) per capita. The authority shall establish a flat assessment of five hundred dollars ($500). For the purpose of calculating the assessment for any county or metropolitan government, the population of any town or city located wholly or partly within the county or the towns or cities within the geographic boundary of the metropolitan government, but which are not a part of the metropolitan government, shall not be included in the population of the county or metropolitan government. The authority's local assessment shall be imposed on October 1 of each calendar year, and the member government shall pay either the per capita rate or the flat assessment, whichever is greater. Failure of a city, town, metropolitan or county government to pay such assessment shall result in the loss of that government's participation in the benefits of the authority; and
10. (10) To borrow money in order to proceed with or finish the construction of mass transit or other transportation services or to fund the capital cost of such services. The authority may enter into a security agreement pledging, as appropriate, to secure the loan with:
  1. (A) Anticipated forthcoming grants from the state or federal government pursuant to § 64-8-105, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if such funds are not received within one (1) year of the initial approval;
  2. (B) Anticipated assessments from local governments pursuant to subdivision (b)(9); or
  3. (C) The authority's real or personal property.

History (4)

Acts 1988, ch. 1026, § 4
1995, ch. 430, § 6
2003, ch. 306, § 6
2005, ch. 170, § 1.

§ 64-8-105. Funds.

The board may solicit, accept and expend grants, appropriations, contributions or other funds from any source, public or private, and maintain an accounting of such receipts and expenditures, subject to audit by the comptroller of the treasury.

Backlinks (1)

64-8-104(b)(10)(A)

History (1)

Acts 1988, ch. 1026, § 5.

§ 64-8-106. Public service or assistance.

Any department or agency of the state or any county, municipality or metropolitan government included in the authority may, upon request of the board, provide any services or assistance to the board in preparing a plan or in organizing its operations.

History (1)

Acts 1988, ch. 1026, § 6.

Part 2 Alternative Provisions for Creation and Governance of Regional Transportation Authorities

§ 64-8-201. Purposes of regional transportation authority.

The express purposes of the regional transportation authority are to improve mobility and expand multimodal transportation options for residents and visitors in Tennessee's large urban areas. The intent of the legislation is to respond to the growing need for regional approaches and solutions to managing traffic congestion and improving transportation options for residents, businesses and visitors in Tennessee's large urban areas. In an effort to ensure continued economic growth and prosperity and to encourage environmental sustainability, this part seeks to establish additional tools for local governments in those areas to work cooperatively to plan, finance, construct, operate, maintain and manage mass transit systems and related activities to include, but not be limited to, demand-response transit services, vanpool programs, rideshare programs, local bus services, regional bus services, bus rapid transit services, light rail transit services, commuter rail services, park-and-ride lots, transit oriented development nodes and all infrastructure that would be required to support or sustain these facilities or services and developments.

History (1)

Acts 2009, ch. 362, § 1.

§ 64-8-202. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Authority” means a regional transportation authority created pursuant to this part or reconstituted pursuant to § 64-8-203(b);
2. (2) “Board” means the board of directors of an authority;
3. (3) “Creating municipality” means any metropolitan form of government, city, town or county that creates an authority pursuant to this part;
4. (4) “Executive officer” means the mayor, county mayor or other chief executive officer of any creating municipality;
5. (5) “Governing body” means the chief legislative body of any creating municipality;
6. (6) “Mass transit system” means, without limitation, a combination of real and personal property, structures, improvements, buildings, terminals, parking facilities, equipment, plans, and rights-of-way, public rail and fixed guideway transportation facilities, rail or fixed guideway access to, from or between other transportation terminals, and commuter railroads and commuter rail facilities, or any combination thereof or addition thereto, used, directly or indirectly, useful or convenient for the purpose of public transportation by automobile, truck, bus, rapid transit vehicle, light rail or heavy rail;
7. (7) “Metropolitan government” means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or town or cities or towns;
8. (8) “Metropolitan planning organization” means the federally designated regional transportation planning agency established for urbanized areas of at least fifty thousand (50,000) people to develop a long-range regional transportation plan and short-range transportation improvement program;
9. (9) “Regional transportation authority of Middle Tennessee” means the regional transportation authority created by part 1 of this chapter and composed of certain counties and the cities and towns contained in those counties, those counties being Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson and Rutherford;
10. (10) “State” means the state of Tennessee;
11. (11) “Transit adjacent development” means development near or next to a transit station that promotes or takes advantage of transit ridership but is not designed specifically around a transit station; and
12. (12) “Transit oriented development” or “TOD” means, without limitation, land use development centrally located around a transit station, sometimes part of the station or where the station is a prominent feature of the development, that has a mixture of land uses in close proximity to one another, including office, residential, retail, public and civic uses, occurring at a relatively high density. TOD is designed to be walkable and easy to navigate by bicycles and other nonmotorized modes of transportation.

History (2)

Acts 2009, ch. 362, § 1
2012, ch. 835, § 1.

§ 64-8-203. Creation of a regional transportation authority.

(a)
1. (1) Except as provided in subsection (b), any metropolitan government of a population of not less than two hundred thousand (200,000), according to the most recent federal census, or any combination of local governments, including metropolitan governments, adjacent counties or municipalities in adjacent counties, having a combined population of not less than two hundred thousand (200,000), according to the most recent federal census, may create a regional transportation authority in the manner provided in this part.
2. (2) The governing bodies of all creating municipalities for a proposed new regional transportation authority, upon a determination that there is a public purpose, a public and governmental function for the services a regional transportation authority may provide and that the public convenience and necessity requires the creation of a regional transportation authority, may adopt a joint resolution so declaring and creating an authority, which resolution shall designate the name and principal office address of the authority. A certified copy of the joint resolution bearing the signatures of each of the creating municipalities shall be filed with the secretary of state and with the commissioner of transportation; and upon adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this part.
3. (3) Using the process described for creation in subdivision (a)(2), additional metropolitan governments, counties or municipalities may join an established regional transportation authority so long as such entity is part of a county that is adjacent to the existing boundaries of a regional transportation authority and accepted into the authority with at least a simple majority vote of acceptance by the board of the authority.
(b) The regional transportation authority of Middle Tennessee shall continue to operate as a regional transportation authority under part 1 of this chapter, but may, by a simple majority vote of its governing board, assume and have the authority to exercise the powers, duties and functions of a regional transportation authority under this part in addition to powers authorized in part 1 of this chapter; provided, that the continued participation of each local government in the regional transportation authority of Middle Tennessee shall be ratified by a vote of its local legislative body. The vote shall take place within the timeframe established by the board of the authority, but not less than sixty (60) days from the date on which the vote is taken to assume the powers, duties and functions of a regional transportation authority under this part.
Backlinks (1)
- 64-8-202(1)

History (1)

Acts 2009, ch. 362, § 1.

§ 64-8-204. Governing board — Executive committee — Adoption of ethical standards.

(a)
1. (1) An authority shall be governed by a board consisting of the following representation:
  1. (A) The county mayor, county executive or metropolitan mayor or executive of each county included within the authority;
  2. (B) The mayor of each incorporated town or city included in the authority;
  3. (C) The commissioner of transportation or the commissioner's designee; and
  4. (D) One (1) person residing in each county of the authority to be appointed by the governor. In making such appointments, the governor shall appoint persons who are knowledgeable concerning mass transit and who reflect the composition and interest of the population of the county from which they are appointed.
2. (2) The ex officio members of the board shall serve during their terms of office, and the appointed members of the board shall be appointed to five-year terms and may be reappointed.
(b) The board shall elect a chair from its membership and such other officers as it may deem necessary.
(c) The board shall meet at least annually, and special meetings may be called at any time by the chair or upon request of a majority of the membership, following the service of reasonable notice on all board members.
(d) The commissioner of transportation or any ex officio member may have a designated alternate who shall be entitled to vote and fully participate in the actions of the board in the stead of the ex officio member. The authority in the bylaws shall establish the process, scope, tenure and procedure of designation of an alternate.
(e) Actions of the board shall require a majority vote of a quorum of the board, such quorum being set by the authority's bylaws.
(f) The board may establish through bylaws an executive committee and procedures and rules for its operation as it may deem necessary. The executive committee may be empowered to perform as the administrative body of the board. The executive committee may be empowered by the board to act in its stead.
(g) Members of the board shall serve without compensation, but appointed members may receive reimbursement for necessary travel expenses from funds available to the authority.
(h) The board may adopt ethical standards for all board members, officials and employees of the authority. If an ethical standard established by the board is more stringent than an ethical standard established by or pursuant to a law of general application, public law of local application, local option law or private act applicable to an individual board member, official or employee of the authority, then the more stringent standard adopted by the board shall control. Any violation of ethical standards pursuant to this subsection (h) may be enforced by the board in accordance with existing law in the same manner as is applicable to officials or employees of entities pursuant to title 8, chapter 17.

History (1)

Acts 2009, ch. 362, § 1.

§ 64-8-205. Employment of personnel or contracting for services.

The board may employ such personnel or contract for professional planning, engineering, management, operating, and support services as it may deem necessary from funds available to it. The board may also utilize services or assistance including the loan of personnel from any member county or municipality, public transit agency, metropolitan planning organization, rural planning organization, regional council of governments, development district or state agency or department.

History (1)

Acts 2009, ch. 362, § 1.

§ 64-8-206. Development of plan — Additional powers and duties.

(a) The board shall develop a plan for the operation and expansion of mass transit services in the authority's region. The plan shall be consistent with the multi-modal regional transportation plan adopted by the region's metropolitan planning organization or similar regional transportation planning body and be reflective of the transportation goals and objectives of the municipalities and counties located within the authority's area. An authority shall work cooperatively with any state or federally mandated metropolitan planning organization having planning and programming powers in the authority's area to produce a regional transit plan. It is not the intent of this section to establish or designate an authority as the metropolitan planning organization for any particular region. The plan shall include, but not be limited to, the following:
1. (1) A map and description of existing and proposed transit corridors;
2. (2) A map and description of areas to be served;
3. (3) A description of the frequency and method of providing existing and proposed transit services in those areas;
4. (4) A description of how regional services will be coordinated with local public and private transportation operators and agencies;
5. (5) A description of how existing and proposed regional services will be funded, including a plan to coordinate contributions from public and private sources throughout the region;
6. (6) A description of how the regional transportation authority plans to deliver service, either directly or through contract, agreement or some other method, with other public or private transportation agencies or other entities;
7. (7) A provision for the conduct of special services for disabled persons or other persons unable to use regularly scheduled and equipped services sufficient to meet the requirements of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.);
8. (8) A provision of services for special events or occasions;
9. (9) A description for how the regional transportation authority intends to use its property around existing and proposed transit stations to encourage ridership and to support local community goals for quality growth. The description shall include an overview of any intent of the authority to pursue transit oriented development or transit adjacent development plans, or both, in cooperation with local governments and within local zoning regulations and land use policies. It is the legislative intent to allow the authority to negotiate with private developers or other public agencies for the best use of land owned or leased by the authority, including long-term land leases or subleases, or the development of office, retail, or residential establishments, or any of these, on transit district property to generate transit ridership and to support local and regional economic growth; and
10. (10) Any other provisions necessary or desirable to establish a coordinated, reliable, scheduled regional service.
Backlinks (1)
- 64-8-207(6)
(b) In addition to the powers to plan for mass transit services, the authority shall have the following additional powers and duties in order to implement its plans for mass transit and other transportation services and plans for transit adjacent and transit oriented development:
1. (1) To organize itself into a public body, elect officers and adopt bylaws for the purpose of carrying out the functions authorized by this part;
2. (2) To sue and be sued in its name with any causes of action against the authority or recovery against the authority governed by and subject to the limitations imposed by the Governmental Tort Liability Act, compiled in title 29, chapter 20. No claim may be brought or judgment entered against any metropolitan government, municipality or county that creates or joins an authority for the acts or omissions of the authority;
3. (3) To enter into contracts and cooperative agreements with governmental, not-for-profit and for-profit entities;
4. (4) To purchase, own, lease and dispose of real and personal property, and construct buildings and other structures, in furtherance of the purposes of and the implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development. The authority shall comply with all local land use and land development laws and regulations, including zoning ordinances and resolutions, subdivision regulations and building codes, in the implementation of the authority's plans. Local governments may waive all or part of applicable local laws and regulations to assist the authority in plan implementation;
5. (5) To employ personnel or contract with public or private entities to construct or operate transportation and transit services and to participate in the development of transit adjacent and transit oriented developments. An authority shall not operate local transit services in an area already receiving those services without the consent of the local governing body of that area;
6. (6) To employ or contract for professional services, such as, but not limited to, management, planning, support, engineering, legal, accounting and auditing services;
7. (7) To utilize for transit or transportation services any property, right-of-way, easement or other similar property owned or held by the state or any municipality, county or metropolitan government or federal government department or agency within the transportation service area of the authority that may be necessary and convenient for the implementation of the authority's transit and transportation plans so long as the governmental entity owning or controlling such property shall consent to the authority's use;
8. (8) To establish local assessments for the purposes of paying expenses related to the administration of the authority's activities, including, but not limited to, the costs associated with insurance policies and deductibles, to be paid by its city, town, metropolitan government and county government members. Local assessments shall not be used for the construction or operation of transportation facilities or services. The local assessment shall be based on a per capita and a flat rate. In establishing the per capita assessment, the authority shall use the population figures of the latest census as described for the use of development districts in § 13-14-111(d). For any regional transportation authority created under this part, the per capita assessment shall be established by a majority vote of the governing board, but shall not be less than ten cents (10¢) per capita. For the purpose of calculating the assessment for any county or metropolitan government, the population of any town or city located wholly or partly within the county, or the towns or cities within the geographic boundary of the metropolitan government, but that are not a part of the metropolitan government, shall not be included in the population of the county or metropolitan government. The authority's local assessment shall be imposed on October 1 of each calendar year, and the member government shall pay either the per capita rate or the flat assessment, whichever is greater. Failure of a city, town, metropolitan or county government to pay the assessment shall result in the loss of that government's participation in the governance and benefits of the authority;
9. (9) To impose fees for the services provided by the authority;
10. (10) To accept grant funds from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor and to accept contributions or donations from other public or private entities. Metropolitan governments, counties, cities and towns may provide, and the authority may accept, funds from any source allowable by law and not prohibited by the Tennessee constitution. The authority shall not claim any federal or state grants used to provide local transit services awarded to a local transit operator or local government without the consent of the local government or governments. Such restriction shall not prohibit a metropolitan planning organization, the governor or other grantor from allocating or programming funds to transportation projects as required by federal law; and
11. (11) To borrow money in order to proceed with or finish the construction of mass transit or other transportation services or to fund the operations and capital cost of such services and purchase of real property and the construction of infrastructure and improvements or contract for the construction of the infrastructure and improvements to implement the authority's plans. The authority may enter into a security agreement pledging, as appropriate, to secure the loan with:
  1. (A) Anticipated forthcoming grants from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if the funds are not received within one (1) year of the initial approval;
  2. (B) Anticipated assessments from local governments pursuant to subdivision (b)(8);
  3. (C) The authority's real or personal property; or
  4. (D) Other revenues.
(c) The implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development will necessitate the acquisition, construction, operation and maintenance of properties, facilities and equipment and the employment of personnel or contracting for services, all of which the authority is authorized to undertake and accomplish and all of which are declared and deemed to be for public and governmental functions conducted by the authority. The authority is a public body corporate and politic and all powers and duties granted by this part are and shall be declared public and corporate purposes and matters of public necessity.

History (1)

Acts 2009, ch. 362, § 1.

§ 64-8-207. Powers granted for financing the mass transit and transportation plans.

In order to finance the construction, operation, maintenance, and management of the mass transit and transportation plans and plans for transit adjacent or transit oriented development established by the authority, the authority shall have the following powers:
1. (1) To fix, alter, establish and collect rates, fares, fees, rentals, tolls and other charges for the services planned, financed, constructed, operated, maintained or managed by the authority associated with transit and transit oriented development, including, but not limited to, demand-response transit services, vanpool programs, rideshare programs, local bus services, regional bus services, bus rapid transit services, light rail transit services, commuter rail services, park-and-ride lots, transit oriented development nodes and all infrastructure that would be required to support or sustain such facilities or services. These rates, fares, fees, rentals, tolls, sales and other charges shall always be sufficient to comply with any covenants made with the holders of any bonds issued pursuant to this part;
2. (2) To solicit, accept and expend grants, appropriations, contributions or other funds from any source, public or private, and maintain an accounting of such receipts and expenditures, subject to audit by the comptroller of the treasury;
3. (3) To sell, convey, exchange, lease as a lessor, transfer or otherwise dispose of any real or personal property, or interest in real or personal property, acquired by the authority, including air rights, or to purchase, lease or otherwise acquire real property as needed for the construction or operation of mass transit or transportation services and to implement transit adjacent or transit oriented development plans;
4. (4)
  1. (A) The authority shall have power and is authorized to issue its bonds in order to finance:
    1. (i) The costs of any project authorized by this part;
    2. (ii) The payment of the costs of issuance of such bonds, including underwriter's discount, financial advisory fees, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal and other similar expenses;
    3. (iii) Reimbursement of the authority for moneys previously spent by the authority for any of the purposes set forth in subdivision (4)(A)(ii);
    4. (iv) The establishment of reasonable reserves for the payment of debt service on such bonds, for repair and replacement of any project, or for such other purposes as the board deems necessary and proper in connection with the issuance of any bonds and operation of any project for the benefit of which the financing is being undertaken; and
    5. (v) The contribution of the authority's share of the funding for any joint undertaking for the purposes set forth in this subdivision (4);
  2. (B)
    1. (i) The authority shall have the power and is authorized to issue its bonds to refund and refinance outstanding bonds of the authority heretofore or hereafter issued or lawfully assumed by the authority. The proceeds of the sale of the bonds may be applied to:
      1. (a) The payment of the principal amount of the bonds being refunded and refinanced;
      2. (b) The payment of the redemption or tender premium thereon, if any;
      3. (c) The payment of unpaid interest on the bonds being refunded, including interest in arrears, for the payment of which sufficient funds are not available, to the date of delivery or exchange of the refunding bonds;
      4. (d) The payment of fees or other charges incident to the termination of any interest rate hedging agreements, liquidity or credit facilities or other agreements related to the bonds being refunded and refinanced;
      5. (e) The payment of interest on the bonds being refunded and refinanced from the date of delivery of the refunding bonds to maturity or to, and including, the first or any subsequent available redemption date or dates on which the bonds being refunded may be called for redemption;
      6. (f) The payment of the costs of issuance of the refunding bonds, including underwriter's discount, financial advisory fees, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal and other similar expenses, and the costs of refunding the outstanding bonds, including the costs of establishing an escrow for the retirement of the outstanding bonds, trustee and escrow agent fees in connection with any escrow, and accounting, legal and other professional fees in connection therewith; and
      7. (g) The establishment of reserves for the purposes set forth in subdivision (4)(A)(iv);
    2. (ii) Refunding bonds may be issued to refinance and refund more than one issue of outstanding bonds, notwithstanding that the outstanding bonds may have been issued at different times. Refunding bonds may be issued jointly with other refunding bonds or other bonds of the authority. The principal proceeds from the sale of refunding bonds may be applied either to the immediate payment and retirement of the bonds being refunded or, to the extent not required for the immediate payment of the bonds being refunded, to the deposit in escrow with a bank or trust company to provide for the payment and retirement at a later date of the bonds being refunded;
  3. (C) No bonds shall be issued under this subdivision (4) unless authorized to be issued or assumed by resolution of the governing board of the authority. Bonds authorized to be issued under this subdivision (4) may be issued in one (1) or more series, may bear such date or dates, mature at such time or times, not exceeding forty (40) years from their respective dates, bear interest at such rate or rates, payable at such time or times, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution or resolutions may provide. Bonds may be issued for money or property at competitive or negotiated sale for such price or prices as the governing board, or its designee, shall determine. The authority may enter into such agreements in connection with the issuance of any bonds as its governing board may approve, including, without limitation, agreements related to municipal bond insurance, credit or liquidity facility agreements, remarketing agreements and bond purchase agreements;
  4. (D) Bonds may be repurchased by the authority out of any available funds at such price as the governing board shall determine, and all bonds so repurchased shall be cancelled or held as an investment of the authority as the governing board may determine;
  5. (E) Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchasers of bonds;
  6. (F)
    1. (i) With respect to all or any portion of any issue of bonds issued under this subdivision (4), at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subdivision (4) are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in § 9-21-130, the authority, by resolution of the governing board, may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings, or both, and other interest rate hedging agreements under such terms and conditions as the governing board may determine, including, without limitation, provisions permitting the authority to pay to, or receive from, any person or entity any loss of benefits under such agreement upon early termination of the agreement or default under the agreement;
    2. (ii) The authority may enter into an agreement to sell bonds, other than its refunding bonds, under this part providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of the agreement or to sell its refunding bonds providing for delivery of the refunding bonds on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the agreement or contract of the authority to sell its bonds as authorized in this subdivision (4) is in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board in accordance with § 9-21-130. Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee;
    3. (iii) Prior to the adoption by the governing board of a resolution authorizing a contract or agreement described in subdivision (4)(F)(i) or (4)(F)(ii), a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that the contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report on compliance to the authority. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury shall fail to report within the fifteen-day period, then the authority may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement is not in compliance with the guidelines, rules or regulations, then the authority is not authorized to enter into the contract or agreement. The guidelines, rules or regulations shall provide for an appeal process upon a determination of noncompliance;
    4. (iv) When entering into any contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings, or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the authority may agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority shall lie solely in the courts of any participating metropolitan government, county, city or town;
  7. (G)
    1. (i) All bonds issued by the authority shall be payable out of the revenue and receipts derived from any projects, or of any portion of projects owned, operated or leased to or from the authority, as may be designated by the board of directors of the authority, or from any revenues to be derived directly or indirectly by the authority from such projects, or from any revenues derived directly or indirectly by the authority from the allocation, transfer, contribution or pledge of tax revenues or other moneys of any nature by the state or any county, municipality or other public instrumentality thereof;
    2. (ii) The principal of and interest on any bonds issued by the authority shall be secured, as may be designated by the governing board, by a pledge of revenues and receipts of the authority described in subdivision (4)(G)(i), by a pledge of the authority's rights under agreements, leases and other contracts, or by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived. The proceedings under which the bonds are authorized to be issued and any such pledge agreement or mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered by the bonds, the fixing and collection of rents for any portions of projects leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the governing board deems advisable and not in conflict with this part. Each pledge, agreement, or mortgage or deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the pledge, agreement, or mortgage or deed of trust were made shall have been fully paid. In the event of default in the payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage or deed of trust executed as security for the bonds, the payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage or deed of trust, or any one (1) or more of these remedies;
  8. (H) The authority may issue interim certificates, bond anticipation notes or other temporary obligations pending the issuance of its revenue bonds, which temporary obligations shall be payable out of revenues and receipts of the authority in like manner as the revenue bonds and shall be retired from the proceeds of such bonds upon the issuance of the revenue bonds, and shall be in such form and contain such terms, conditions and provisions consistent with this part as the governing board may determine;
  9. (I) Bonds and notes of the authority shall be executed in the name of the authority by such officers of the authority and in such manner as the governing board may direct and shall be sealed with the corporate seal of the authority. If so provided in the proceedings authorizing the bonds, the facsimile signature of any of the officers executing the bonds and a facsimile of the corporate seal of the authority may appear on the bonds in lieu of the manual signature of the officer and the manual impress of the seal;
  10. (J) Any bonds and notes of the authority may be sold at public or private sale, for such price and in such manner and from time to time as may be determined by the governing board of directors of the authority to be most advantageous; and the authority may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance of the bonds;
  11. (K) Any participating metropolitan government, county, city or town is authorized to aid or otherwise provide assistance to an authority created pursuant to this part, including entering into leases of projects, or parts of projects with an authority, for such term or terms and upon such conditions as may be determined by resolution of the governing body of the metropolitan government, county, city or town, notwithstanding and without regard to the restrictions, prohibitions or requirements of any other law, whether public or private, or granting, contributing or pledging revenues of the metropolitan government, county, city or town to or for the benefit of the authority derived from any source;
  12. (L) Any participating metropolitan government, county, city or town is authorized, upon recommendation of the governing board of the authority, to issue and sell its bonds to finance the acquisition, construction, improvement or expansion of the facilities authorized in this part, and to refund bonds previously issued by the metropolitan government, county, city or town or by the authority, or refinance indebtedness previously incurred for such purposes. The facilities authorized by this part shall be deemed to be public works projects for purposes of § 9-21-105 of the Local Government Public Obligations Act of 1986 (LGPOA), compiled in title 9, chapter 21, and any such bonds issued by a participating metropolitan government, county, city or town under this part shall be issued, and the proceeds of the bonds applied, in accordance with the applicable provisions of the LGPOA. Notwithstanding this subdivision (4)(L), prior to the issuance of any general obligation bonds by a metropolitan government, county, city or town under the authority of this part, a referendum shall be held concurrently with a general election in the metropolitan government, county, city or town. The referendum shall in all other respects be conducted in compliance with the requirements of the LGPOA, specifically with those contained in §§ 9-21-205 — 9-21-209;
  13. (M) Each participating metropolitan government, county, city or town, upon approval by resolution of its governing body, is authorized to enter into such agreements with the authority and the other participating metropolitan governments, counties, cities or towns as may be determined by the governing body of the metropolitan government, county, city or town to be convenient or necessary to accomplish the purposes set forth in subdivisions (4)(K) and (L);
  14. (N) Except to the extent of any revenues that may be specifically allocated, transferred, contributed or pledged by a participating metropolitan government, county, city or town in accordance with this part and laws, rules and regulations applicable to this part, no metropolitan government, county, city or town shall in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever that may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of a participating metropolitan government, county, city or town within the meaning of any constitutional or statutory provision whatsoever;
  15. (O) Nothing in this part shall be construed to allow the governing board of the authority to pledge unilaterally the full faith and credit and unlimited taxing power of any metropolitan government, county, city or town as surety to the payment of the authority's bonds or to impose unilaterally an ad valorem tax in any metropolitan government, county, city or town;
5. (5) To delineate and create a special district in all or portions of the areas of the regional transportation authority for the purposes of facilitating the raising of revenues to be dedicated to the authority for the implementation of the authority's plan within the special district. A special district may be created only in those areas of the authority that have or are planned to have a benefit from services being provided by the authority and shall be permitted to include multiple metropolitan governments, counties, cities and towns. An authority may create more than one (1) special district and special districts may overlap. Local governments, by majority vote of their governing bodies, shall have the right to opt out of a special district created by the board of an authority prior to the levy of any tax or assessment within the special district;
6. (6) To accept funds from taxes or assessments levied by local governments served by the authority or act of the general assembly in order to provide funding for the plan adopted by the authority pursuant to § 64-8-206(a). The act of the general assembly may be initiated upon either:
  1. (A) A formal request made by local governing bodies within the authority in the form of a local resolution; or
  2. (B) The receipt of the certified results of a nonbinding advisory election. For such an election to be held, the governing body is authorized to direct the county election commission in the affected local governments to place the question on the ballot to be submitted to the voters in the affected local governments on the matter of general and vital concern of whether a particular tax or assessment with a certain rate should be levied within a special district of the authority by means of the general assembly in order to obtain the advice and direction of the voters as to such matters. The expense of any special election held within the territory of the special district of the authority shall be borne by the authority. The results of the election shall be advisory and nonbinding; and
7. (7) To petition its participating local governments to levy any tax or assessment authorized by law for state, county or municipal purposes and not prohibited by the Tennessee constitution and dedicate the proceeds of such tax or assessment to the authority. Any city or county government levying a tax pursuant to this subdivision (7) may limit the levy of the tax to the area included within the special district created by the regional transportation authority. Any local government levying a tax pursuant to this subdivision (7) may make the levy subject to approval by the qualified voters in the area subject to the tax in accordance with § 2-3-204 in the following manner:
  1. (A)
    1. (i) Any ordinance or resolution of a participating local government levying the tax under authority of this part shall not become operative until approved in an election provided under this subdivision (7) in such local government;
    2. (ii) The county election commission shall hold an election on the question pursuant to § 2-3-204, providing options to vote “FOR” or “AGAINST” the ordinance or resolution, after the receipt of a certified copy of such ordinance or resolution, and a majority vote of those voting in the election shall determine whether the ordinance or resolution is to be operative; and
    3. (iii) If the majority vote is for the ordinance or resolution, it shall be deemed to be operative on the date that the county election commission makes its official canvass of the election returns; provided, however, that no tax shall be collected under any such ordinance or resolution until the first day of a month occurring at least thirty (30) days after the operative date;
  2. (B)
    1. (i) If a county legislative body adopts a resolution to levy the tax at the same rate that is operative in a city or town in the county, the election under this section to determine whether the county tax is to be operative shall be open only to the voters residing outside of the city or town. If the county tax is at a higher rate than the rate of the city or town tax, the election shall also be open to the voters of the city or town; and
    2. (ii) Should any county or city or town hold an election under this subdivision (7), and the ordinance or resolution is rejected, no other election on the tax or assessment shall be held by the county, city or town for a period of six (6) months from the date of the holding of the prior election.

History (2)

Acts 2009, ch. 362, § 1
2012, ch. 835, § 2.

§ 64-8-208. Severability.

It is declared that the sections, clauses and sentences of this part are severable, are not matters of mutual essential inducement and any of them shall be excised if the provisions would otherwise be unconstitutional or ineffective. If any one or more sections, clauses or sentences of this part shall for any reason be questioned in any court and shall be adjudged unconstitutional or invalid, the judgment shall not affect, impair or invalidate the remaining provisions of this part, but shall be confined in its operation to the specific provision or provisions held unconstitutional or invalid; and the inapplicability or invalidity of any section, clause, sentence or part in any one or more instances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History (1)

Acts 2009, ch. 362, § 1.

Part 3 Composition of Metropolitan Planning Organization's Policy Board

§ 64-8-301. Composition of metropolitan planning organization's policy board.

Each metropolitan planning organization's policy board shall ensure that one (1) voting member who resides within the metropolitan planning organization's boundaries is chosen in consultation with the Tennessee County Highway Officials Association to represent county highway departments operating within the planning area.

History (2)

Acts 2015, ch. 479, § 1
2018, ch. 659, § 1.

§ 64-8-302. Part definitions.

For purposes of this part:
1. (1) “Local government official” means the elected officials representing any county, municipal, or metropolitan government located within the boundaries of a metropolitan planning organization; and
2. (2) “Metropolitan planning organization” means an agency that is designated or redesignated by a memorandum of understanding as a metropolitan planning organization in accordance with 23 U.S.C. § 134; provided, that the boundaries of the metropolitan planning organization are located entirely within this state; provided further, that the metropolitan planning organization contains not less than three (3) counties located within this state.

History (1)

Acts 2015, ch. 479, § 1.

§ 64-8-303. Construction with federal law.

This part is intended to supplement 23 U.S.C. § 134. In the event any provision of this part is deemed inconsistent with the requirements of 23 U.S.C. § 134, the federal law shall control.

History (1)

Acts 2015, ch. 479, § 2.

Chapter 9 Megasite Authority of West Tennessee Act of 2021

§ 64-9-101. Short title.

This chapter is known and may be cited as the “Megasite Authority of West Tennessee Act of 2021.”

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-102. Creation — Policy and intent.

(a) There is established a regional development authority, administratively attached to the department of general services, known as the “Megasite Authority of West Tennessee.”
(b) It is the intent of the general assembly by the passage of this chapter to promote economic development at or within the megasite, to generate high quality jobs at the megasite, in the surrounding areas, and in this state, and to encourage and promote development of manufacturing, warehouse, distribution, office, restaurant, retail, hotel, motel, communications systems, recycling, utilities, educational institutions, workforce housing, financial and recreational activities, other similar uses, and customary uses accessory or ancillary to such promotion; to establish the authority for the purposes of developing, incentivizing, operating, managing, and promoting the megasite; and to vest the authority with all powers that may be necessary to or consistent with accomplishing such purposes.
(c) Chapter 6 of this title does not apply to the megasite.

Backlinks (1)

4-29-246(a)(31)

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-103. Definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Authority” means the Megasite Authority of West Tennessee;
2. (2) “Board” means the authority's board of directors;
3. (3) “Initial megasite property” means the property spanning parts of Haywood County and Fayette County and depicted on the survey prepared by Barron Surveying and Mapping by Craig J. Barron TNRLS#2639, Job No. 21-198, dated August 31, 2021, for the department of general services;
4. (4) “Megasite” and “megasite of West Tennessee” mean the initial megasite property, less all parcels of land conveyed in fee simple to private entities from time to time;
5. (5) “Permitted use” means a use determined by the authority to be consistent with or functionally related to the purposes set forth in this chapter;
6. (6) “Project”:
  1. (A) Means any or all of the following, whether or not now in existence, as determined by the authority to be consistent with the purposes set forth in this chapter:
    1. (i) All, any part of, or any interest in, land included within the megasite; and
    2. (ii) Any building, facility, structure, or other improvement on, through, over, or under the megasite; and
  2. (B) Notwithstanding subdivision (6)(A), “project” does not include a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4;
7. (7) “Wastewater system” means the real and personal property owned by this state and utilized as a wastewater facility for the purposes of this chapter to serve the initial megasite property, including collection and transmission systems, treatment plants, and reuse or disposal systems, including, but not limited to, plants, pumps, pumping stations, pipes, treatment systems, and related easements, but excluding a service line or other infrastructure located within the boundary of property leased by the authority to a third party or owned by a third party; and
8. (8) “Water system” means the real and personal property owned by this state and utilized for the collection, treatment, storage, and distribution of water for the purposes of this chapter to serve the initial megasite property including, but not limited to, plants, pipes, tanks, pumps, meters, storage tanks, and related easements, but excluding a service line or other infrastructure located on a customer's side of a water meter that measures service to the customer.

Backlinks (2)

History (2)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1
2022, ch. 763, § 1.

§ 64-9-104. Powers.

(a) The authority is vested with all powers necessary for and consistent with accomplishing the purposes of this chapter, including, but not limited to, the power to:
1. (1) Adopt, amend, and repeal bylaws;
2. (2) Execute contracts;
3. (3) Subject to the approval of the commissioner of general services, employ individuals and create, combine, consolidate, or abolish divisions within the authority as the board deems necessary for the transaction of the authority's business;
4. (4) Retain third-party contractors and agents as the board deems necessary for the transaction of the authority's business and require or waive the bond of a contractor or agent as the board may deem appropriate. The engagement of outside legal counsel must comply with § 8-6-106;
5. (5) Enforce compliance with this chapter and the rules, policies, or land use regulations adopted pursuant to this chapter in a court of competent jurisdiction and seek any remedy available under applicable law or in equity;
6. (6) Own, acquire, purchase, option, convey, exchange, donate, sell, gift, rent, lease, improve, maintain, operate, and equip real and personal property, without the need for separate approval from another state agency, board, or commission, notwithstanding the requirements contained in § 12-2-112. These powers include, but are not limited to, the power to:
  1. (A) Acquire, whether by purchase, exchange, gift, lease, or otherwise, and develop, improve, maintain, equip, and furnish one (1) or more projects, including, but not limited to, all real and personal property that the board may deem necessary in connection with the projects, regardless of whether or not such projects are then in existence;
  2. (B) Lease to others one (1) or more projects and, in the board's sole discretion, establish, charge, waive, and collect rent for the projects, and execute amendments to such leases, which amendments, among other things, may provide for extending the terms of such leases, amending or extending payments in lieu of taxes due under the leases, and amending or extending rents or other payments due under the leases, together with all other terms and conditions as the board may deem advisable. The authority may include in a lease or amendment an option for the lessee to purchase all or a portion of the project with or without consideration;
  3. (C) Sell to others one (1) or more projects for such payments and upon such terms and conditions as the board may deem advisable;
  4. (D) Develop, improve, and maintain the grounds within the megasite, including, but not limited to, construction and maintenance of roads and buildings, utilities, signage, trash removal, vegetation control, and landscaping;
  5. (E) Grant mortgages, deeds of trust, easements, or other encumbrances on all or a part of the megasite, including, but not limited to, subordinating this state's ownership interest in all or a part of the megasite; and
  6. (F) Have exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this chapter, except as otherwise expressly provided in this chapter and except as applied to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4;
  Backlinks (1)
  
  64-9-112
7. (7) Accept and distribute grants and other incentives to induce projects to locate at or expand operations at the megasite or otherwise to further the purposes of this chapter;
8. (8) Have the exclusive authority to regulate land use, including the subdivision of property, located within the megasite;
9. (9) Enter into agreements with lessees of real and personal property located at the megasite regarding payments in lieu of ad valorem taxes and, at the authority's discretion, direct a lessee to make such payments in lieu of taxes directly to a municipality or county. A payment in lieu of taxes under such an agreement becomes and remains a first lien upon the fee interest in the leased property from January 1 of the year in which such payment in lieu of taxes is due. The authority and a municipality or county intended to receive such payment in lieu of taxes may each enforce such lien and obtain interest at ten percent (10%) per annum from the date due and reasonable attorneys' fees, by suit filed in a court of competent jurisdiction;
10. (10) Enter into agreements with local governments pursuant to title 12, chapter 9, regarding the provisions of governmental services to the megasite and the distribution to local governments of payments in lieu of ad valorem property taxes;
11. (11) Offer and provide water and wastewater services to customers located on the initial megasite property, together with all actions necessary or incidental to the provision of water and wastewater services, including the power to:
  1. (A) Plan, establish, develop, investigate, study, acquire, purchase, construct, equip, improve, repair, extend, maintain, and operate a water system or wastewater system within or outside the megasite boundary to serve the initial megasite property;
  2. (B) Buy, collect, store, process, treat, sell, transfer, dispose of, and distribute water and wastewater from, with, or to a county, municipality, utility district, this state or an agency thereof, the United States or an agency thereof, or a person, whether public or private;
  3. (C) Acquire and own each type of property, franchise, or asset, whether real, personal, or mixed, tangible or intangible, whether located within or without the boundaries of the initial megasite property, and sell, lease, exchange, or convey properties, facilities, and services for the purpose of operating a water system or wastewater system;
  4. (D) Establish and charge rates and set terms and conditions of service for the use of the water system or wastewater system and the sale of materials or commodities by the authority;
  5. (E) Use a right-of-way, easement, or other similar property right held by this state or a political subdivision of this state that is necessary or convenient in connection with a water system or wastewater system; provided, that this state or the political subdivision consents to such use;
  6. (F) Sell or otherwise dispose of all or a part of a water system or wastewater system;
  7. (G) Adopt and enforce a pretreatment program, as that term is defined in § 69-3-103, pursuant to and in compliance with the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1, and rules promulgated by the board of water quality, oil, and gas; and
  8. (H) Operate a public water system, as that term is defined in § 68-221-703, pursuant to and in compliance with title 68, chapter 221, part 7, and rules promulgated by the board of water quality, oil, and gas;
12. (12) Condemn land, a right in land, an easement, or a right-of-way as the board deems necessary for effectuating the purposes of this chapter, whether or not the condemned property interest is owned or held for public use by a person or persons having the power of eminent domain or otherwise held or used for public purposes. Condemnation by the authority must not interfere with a prior public use of the property interest that is being condemned. The power conferred in this subdivision (a)(12) may be exercised pursuant to any applicable statutory provision, now in force or later enacted, for the exercise of the power of eminent domain;
13. (13) Do and perform each and every act and thing and have and exercise each and every power that the board, in the board's sole discretion, deems necessary, convenient, or appropriate, to accomplish the purposes of this chapter. The inclusion of a specific power in this chapter does not limit the broad general powers granted to the authority. The exercise of the authority's powers, including, but not limited to, the powers with respect to the disposition, development, encumbrance, lease, sublease, or improvement of state property, are exclusive and are not subject to further approval, except as expressly provided in this chapter; and
14. (14) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The board may, in the board's sole discretion, require that a board action be accomplished by rule. Otherwise, a board action may be accomplished by majority vote of the entire membership of the board.
(b) Except as otherwise expressly provided in this chapter, and notwithstanding title 4, chapter 15, or any other law to the contrary, the powers of the authority are exclusively vested in the authority.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-105. Board of directors.

(a) The authority is governed by a board of directors. The board consists of eleven (11) voting members as follows:
1. (1) Two (2) members to be appointed by the governor;
2. (2) Two (2) members to be appointed by the speaker of the house of representatives;
3. (3) Two (2) members to be appointed by the speaker of the senate;
4. (4) One (1) member to be appointed jointly by the speaker of the senate and the speaker of the house of representatives;
5. (5) The governor, ex officio;
6. (6) The commissioner of economic and community development, ex officio, or the commissioner's designee;
7. (7) The commissioner of finance and administration, ex officio, or the commissioner's designee; and
8. (8) The commissioner of general services, ex officio, or the commissioner's designee.
(b) The term for a board member who does not serve ex officio is four (4) years. A board member who does not serve ex officio is eligible for reappointment and may serve a maximum of two (2) full terms; provided, however, that an appointment to fill an unexpired term as a result of a vacancy does not constitute a full term. At the expiration of a board member's term, the member may continue to serve until a successor is appointed or until the member is reappointed.
(c) The terms for the initial board members who do not serve ex officio begin on November 1, 2021.
(d) Six (6) board members constitute a quorum for the transaction of business. If a quorum is present, a vacancy on the board does not prevent the board from transacting business or otherwise taking an action authorized pursuant to this chapter.
(e) The governor shall appoint a member of the board to serve as chair at the pleasure of the governor. The board may elect other officers as the board may deem appropriate.
(f) The board shall meet at the call of the chair.
(g) An ex officio board member shall not receive compensation for service as a board member, except that an ex officio board member, other than the governor, must be reimbursed for travel expenses incurred in the performance of the board member's official duties. Appointed board members receive two thousand dollars ($2,000) per month for the first three (3) years of the authority's existence, plus reimbursement for travel expenses incurred in the performance of the board member's official duties. After the first three (3) years of the authority's existence, an appointed board member shall only receive reimbursement for travel expenses for service as a board member. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(h) A board member who is not an ex officio member and who is absent from three (3) consecutive meetings may be removed from the board by the governor, the appointing authority, or by majority vote of the entire membership of the board. The appointing authority may remove a board member appointed by that appointing authority for cause.
(i) All board meetings must comply with the open meetings provisions compiled in title 8, chapter 44.
(j) Each appointed member of the board shall disclose conflicts of interest in accordance with title 8, chapter 50, part 5.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-106. Chief executive officer.

There is established the office of the chief executive officer of the authority. The first chief executive officer must be appointed by the governor. Thereafter, each subsequent chief executive officer must be appointed by the board. All chief executive officers serve at the pleasure of the board. For each chief executive officer, including the first chief executive officer, the board shall enter into a contract with the chief executive officer establishing the chief executive officer's salary. All reimbursement for the chief executive officer's travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-107. Water and wastewater services.

(a) The authority shall prescribe and collect non-discriminatory, just, and reasonable rates, and set terms and conditions of service to customers of a water system or wastewater system operated by the authority.
(b) Notwithstanding another law to the contrary, and for as long as the water system is owned or controlled by the authority or this state, the authority may provide water service to customers located on the initial megasite property. Notwithstanding another law to the contrary, and for as long as the wastewater system is owned or controlled by the authority or this state, the authority may provide wastewater service to customers located on the initial megasite property. In exercising that right, the authority may, in the authority's sole discretion, enter into an agreement with a third party for the third party to provide either water service or wastewater service, or both. Notwithstanding anything in this section or another law to the contrary, the authority is not responsible for providing water service or wastewater service to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4.
(c) The Tennessee public utility commission, Tennessee board of utility regulation, or other board or commission of like character hereafter created does not have jurisdiction over the authority in the management and control of the authority's water system or wastewater system, including, but not limited to, the regulation of the authority's rates or terms and conditions of service, except to the extent provided by this chapter; provided, however, that the authority is subject to regulation by the department of environment and conservation.
(d) The authority shall not operate a water system or wastewater system at a deficit after December 31, 2026.

History (3)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1
2022, ch. 763, § 2
2023, ch. 463, § 27.

§ 64-9-108. Building construction, plans review, permitting and inspections.

(a) The state fire marshal has exclusive jurisdiction over all plans review, permitting, and inspections for, and enforcement of, standards designed to afford a reasonable degree of safety to life and property from fire and hazards for all constructed, altered, or repaired buildings or structures at the megasite, including all electrical installations, plumbing systems, fire protection systems, and mechanical systems for all such buildings and structures. The fire safety, electrical, and building construction safety standards established pursuant to §§ 68-102-113, 68-102-143, and 68-120-101 apply to all buildings or structures at the megasite. The state fire marshal is the sole authority with jurisdiction regarding, and may approve, equivalencies or variances from applicable code requirements for constructed, altered, or repaired buildings or structures located at the megasite including electrical installations, plumbing systems, fire protection systems and mechanical systems for such buildings or structures at the megasite.
(b) This section must not be construed to limit the authority of the board of boiler rules, the elevator and amusement device safety board, or the commissioner of labor and workforce development.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-109. Zoning and subdivision.

(a) The property within the megasite is not subject to local land use regulations. The property within the megasite must only be used for one (1) or more permitted uses. The authority shall not permit within the megasite a use that the authority deems noxious; provided, that recycling batteries or other materials used or associated with the operation of a project must not be deemed inherently noxious and may be permitted by the authority.
(b) Prior to constructing improvements to the property within the megasite, a site plan for the proposed improvements must be approved by the authority. The authority may impose reasonable setbacks, parking and loading requirements, height limitations, landscaping and buffering requirements, screening requirements, limitations on storage of materials, stormwater quantity and quality requirements, and other requirements consistent with the purposes set forth in this chapter.
(c) Any subdivision of property within the megasite for the purpose of sale or building development must be approved by the authority prior to recording the subdivision. Approval by a regional, county, or municipal planning commission is not required. A conveyance of a portion of the property within the megasite in violation of this section is void.
(d) The transfer of fee title of property or a portion thereof within the megasite by this state constitutes a change in zoning for the purposes of § 13-7-208(b)-(d).
(e) A use or improvement of property approved by the authority pursuant to this section does not constitute a nuisance to adjoining landowners for the purposes of § 13-7-208(c)-(d).
(f)
1. (1) With respect to a person who violates a land use regulation adopted or established pursuant to this section, the authority may assess a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation for each day of the continued violation. The authority shall provide each adverse party not less than ten (10) days' written notice prior to assessing a penalty under this subdivision (f)(1).
2. (2) In assessing a civil penalty, the authority may consider the following factors:
  1. (A) The harm to public health or safety or to the environment;
  2. (B) Whether the civil penalty imposed will be a substantial economic deterrent to future violations;
  3. (C) The economic benefit gained by the violator;
  4. (D) The violator's effort to remedy the violation;
  5. (E) Unusual or extraordinary enforcement costs incurred by the authority;
  6. (F) The amount of a penalty established by a board resolution for specific categories of violations; and
  7. (G) The equities of the situation that outweigh the benefit of imposing a penalty.
3. (3)
  1. (A) A person who is assessed a civil penalty may secure a review of such order by filing a petition with the authority not more than ten (10) business days after the levy of the civil penalty, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board.
  2. (B) If a person files a timely petition for review of a penalty under subdivision (f)(3)(A), the board shall grant the petitioner forty-five (45) days to provide proof satisfactory to the board that the petitioner cured, remediated, mitigated, or took other corrective action to resolve the circumstances that were the basis of the penalty. After the forty-five-day period has tolled, the board shall consider the actions of the petitioner and issue a final order upholding the initial civil penalty, reducing the civil penalty, or vacating the civil penalty.
  3. (C) A party aggrieved by an order of the board under subdivision (f)(3)(B) may file an appeal of the decision with the board not later than ten (10) business days after the decision is final.
  4. (D)
    1. (i) An appeal filed under subdivision (f)(3)(C) must be conducted as a contested case and must be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.
    2. (ii) The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.
    3. (iii) The scheduling order for the contested case issued by the administrative judge must establish a schedule that results in a hearing being completed within sixty (60) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown.
    4. (iv) An initial order must be issued within thirty (30) days of completion of the hearing. The administrative judge's initial order, together with earlier orders, if any, issued by the administrative judge, become final pursuant to § 4-5-315, unless appealed to the chancery court of Madison County not less than ten (10) business days after the issuance of the order in accordance with § 4-5-322.
4. (4) If a petition for review of a civil penalty is not filed with the authority within ten (10) days after the civil penalty is served in a manner authorized by law, then the violator is deemed to have consented to the civil penalty, which consent becomes final.
5. (5) Whenever a civil penalty becomes final because of a person's failure to appeal the civil penalty, the authority may apply to the chancery court of Madison County for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such civil penalty as a confession of judgment.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-110. Lessee's construction of projects.

(a) The state's property interest in the megasite is not subject to a lien recorded pursuant to title 66, chapter 11.
(b) A lease between the authority and a third-party lessee for land within the megasite must provide that, in the event that a lien is filed against the third-party lessee's leasehold interest pursuant to title 66, chapter 11, the third-party lessee must record a bond in accordance with § 66-11-142 no later than thirty (30) days after the earlier of the date the third-party lessee receives notice of the claim of lien or the date the lien is recorded.
(c) Notwithstanding any other law to the contrary, a third-party lessee is not an agent of the authority or this state for purposes of § 66-11-102(d).
(d) Notwithstanding any other law to the contrary, the authority and a third-party lessee are not required to comply with § 66-11-142 for construction activities undertaken by the third-party lessee pursuant to a lease between the authority and the third-party lessee.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-111. Relation to existing laws — Construction.

(a) The powers conferred on the authority by this chapter are in addition and supplementary to the powers conferred on the authority by other law. Projects undertaken by an entity other than this state are not deemed to be an undertaking of a Tennessee governmental entity.
(b) This chapter must be liberally construed to effectuate its purposes.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-112. State building commission.

Notwithstanding § 64-9-104(a)(6), a lease of real property, and all amendments thereto, entered into by the authority, and all capital grants and corresponding accountability agreements are subject to approval by the state building commission pursuant to title 4, chapter 15, part 1. An improvement to be constructed by a third party; a sublease by a third party; or a consent, approval, contract, or other action taken by the authority or a lessee pursuant to a lease previously approved by the state building commission is not subject to additional approval by the state building commission. This chapter does not affect other requirements of the Tennessee board of regents necessary to obtain an otherwise required approval from the state building commission relating to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4.

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-113. Authority records.

(a) The authority adopts as its official policy the principle of open records and, unless otherwise provided by this section or other applicable law, the information and documents maintained, received, or produced by the authority are public records, as that term is defined in § 10-7-503.
(b) A binding contract or agreement entered into or signed by the authority that obligates public funds, together with all supporting records and documentation, is not a public record until the contract or agreement is entered into or signed.
(c) A public record, including proprietary information, received, produced, or maintained by the authority is confidential for a period of five (5) years if the chief executive officer, with the affirmative agreement of the attorney general and reporter, determines that the record is of such a sensitive nature that the record's disclosure or release would seriously harm the ability of the authority to effectuate the purposes of this chapter. After five (5) years from the date the confidentiality determination is made, the record made confidential by this subsection (c) becomes a public record and is open for public inspection in accordance with § 10-7-503.
(d) All trade secrets received, maintained, or produced by the authority must remain confidential.
(e) As used in this section, unless the context otherwise requires:
1. (1) “Proprietary information” means commercial or financial information that is used either directly or indirectly in the business of a person submitting information to the authority, and that gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; and
2. (2) “Trade secrets” means manufacturing processes, materials used in manufacturing processes, and costs associated with the manufacturing process of a person submitting information to the authority.
(f)
1. (1) This section does not apply to records containing marketing information or capital plans that are provided to the authority with the understanding that the records are now and should remain confidential. Any such record must remain confidential until such time as the provider thereof no longer requires the record's confidentiality.
2. (2) As used in subdivision (f)(1), unless the context otherwise requires:
  1. (A) “Capital plans” mean plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments; and
  2. (B) “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships.

Backlinks (1)

10-7-504(dd)

History (1)

Acts 2021 (2nd Ex. Sess.), ch. 1, § 1.

§ 64-9-114. Report regarding construction activity for material improvement to megasite project. [Effective until July 1, 2025.]

(a) An entity that contracts with the authority for a real estate interest in the megasite shall report, or cause its contractor or contractors to report, for the immediately preceding quarter, the following information to the state building commission, the speaker of the senate, and the speaker of the house of representatives within fourteen (14) days of January 31, April 30, July 31, and October 31 regarding construction activity for material improvement to the project:
1. (1) The name of each entity engaged in construction activity at the project;
2. (2) Whether the entity is a member of or associated with a union or labor association; and
3. (3) The number of persons employed by the entity, with respect to construction activity at the project, who are residents of this state.
(b) The reporting required by subsection (a) only applies to contracts for construction activity:
1. (1) Involving persons working on site at the project; and
2. (2) In excess of one hundred thousand dollars ($100,000).
(c) The reporting required by subsection (a) does not apply to a third-party lessee or an entity that only supplies materials or supplies to the project.
(d) This section is repealed July 1, 2025.

History (1)

Acts 2022, ch. 1030, § 1.

§ 64-9-115. Contract for security services at megasite.

A local governmental entity may enter into a contract with an entity working on the megasite for the provision of security services at the megasite.

History (1)

Acts 2022, ch. 1030, § 2.

Chapter 10 Regional Marketing Authorities

Part 1 East Tennessee Regional Agribusiness Marketing Authority

§ 64-10-101. Creation — Purposes.

(a) The East Tennessee regional agribusiness marketing authority is hereby created as a public body corporate and politic, referred to as the “authority” in this part. The authority is a public and governmental body acting as an agent and instrumentality of the counties with respect to which the authority is organized. As such, all property of the authority, both real and personal, are exempt from all local, state and federal taxation.
Backlinks (1)
- 64-10-119(a)
(b) The acquisition, operating and financing of the authority and related purposes are hereby declared to be for public and governmental purposes and a matter of public necessity to further the economy and growth of the agricultural industry of the region.
(c) The purposes of the East Tennessee regional agribusiness marketing authority are to:
1. (1) Establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products and to provide the citizens of the region and other buyers a convenient place to purchase these products;
2. (2) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining a system or systems within the region served by the authority as provided in this part; and
3. (3) Further the economy and growth of the region served by the authority by developing, marketing, and promoting facilities for warehousing, distribution, light manufacturing, and agribusiness purposes.

History (3)

Acts 1998, ch. 998, § 2
2011, ch. 419, § 1
2019, ch. 180, § 1.

§ 64-10-102. Part definitions.

Unless the context requires a different meaning, the following terms are defined as follows for purposes of this part:
1. (1) “Agribusiness” means a business dealing with agricultural products or engaged in providing products or services to farmers;
2. (2) “Authority” means the East Tennessee regional agribusiness marketing authority;
3. (3) “Board” means the board of directors of the East Tennessee regional agribusiness marketing authority;
4. (4) “Center” means the regional food distribution center established by the authority;
5. (5) “Department” means the Tennessee department of agriculture;
6. (6) “Region” means the area consisting of the Tennessee counties of Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington and any other county in the East Tennessee grand division that becomes a member of the authority in accordance with § 64-10-115;
7. (7) “System” means a wastewater treatment and collection system that includes, but is not limited to, all devices and systems used in the storage, treatment, recycling and reclamation of sewage or residential, commercial and industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters; and
8. (8) “Wastewater board” means a board of commissioners established by the board pursuant to § 64-10-104(b) to oversee the operations of a system.

History (2)

Acts 1998, ch. 998, § 3
2011, ch. 419, § 2.

§ 64-10-103. Board of directors.

(a)
1. (1) Subject to subsection (b), the authority shall be governed by a board of directors consisting of the county mayor of each county, or the county mayor's designee, that is a member of the authority. Subject to § 64-10-115, the following counties shall comprise the authority: Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington counties.
2. (2) The term of any designee shall expire with the term of the county mayor who appointed such designee. The initial terms of designees, if any, shall be as follows: The initial terms of the designee from Claiborne, Cocke, Grainger and Greene counties shall be one-year terms; the initial terms of the designees from Hamblen, Hancock, Hawkins and Jefferson counties shall be two-year terms; and the initial terms of the designee from Johnson, Sullivan, Unicoi and Washington counties shall be three-year terms. Thereafter the term of office for each designee shall be a three-year term.
3. (3) The board shall also have two (2) nonvoting members as follows: the commissioner of agriculture or the commissioner's designee, and the dean of the University of Tennessee extension, or the dean's designee. The board of directors shall at its first meeting of each calendar year elect from its voting membership a chair, a vice chair, a secretary and a treasurer, each to serve terms of one (1) year and until a successor is elected.
4. (4) The term of office of the county mayor on the board shall be coterminous with such official's elective term of office.
(b) Should a designee board member attend less than fifty percent (50%) of the called meetings during a calendar year, the board reserves the right to declare a vacancy on the board for that position. The board shall then notify the county mayor who appointed such designee of such vacancy and, if such county mayor fails to appoint a new designee within thirty (30) days, then the board shall by majority vote replace such member with a knowledgeable person from the county for which a vacancy was declared by the board.
(c) The board shall meet at least semiannually. More frequent meetings may be called at the discretion of the board.

History (3)

Acts 1998, ch. 998, § 4
2003, ch. 90, § 2
2004, ch. 517, § 13.

§ 64-10-104. Executive committee.

(a) The board shall establish an executive committee consisting of the chair, vice chair, secretary, treasurer and the center manager as an ex officio member. The executive committee is authorized to act on behalf of the board in the day to day operations of the authority. The executive committee shall meet at least monthly, either in person or by telephone conference, and make a full report to the board at its regular meetings.
(b)
1. (1) The board is authorized to establish a wastewater board composed of members of the board of the authority and other commissioners appointed by the board. The appointed commissioners shall be representatives of any city or utility district that:
  1. (A) Has entered into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district; or
  2. (B) Certifies to the authority that it intends to enter into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district.
  Backlinks (2)
  
  64-10-107(j)(1)(C)
  64-10-107(j)(4)
2. (2) The authority is authorized to adopt policies and procedures, including bylaws, for the conduct of business of the wastewater board and is authorized to establish the terms of office of the commissioners of the wastewater board. Except as is expressly reserved by the authority, the wastewater board shall have the full authority and right to undertake all powers of the authority relating to a system, except that the wastewater board is not authorized to commit the authority to borrow money or undertake any condemnation without the approval of the board.
Backlinks (1)
- 64-10-102(8)

History (2)

Acts 1998, ch. 998, § 5
2011, ch. 419, § 3.

§ 64-10-105. Advisory committee.

(a) The board may appoint an advisory committee from a list of nominees submitted by each county mayor to consist of one (1) farmer, or one (1) person engaged in agribusiness marketing, or one (1) person from a financial institution, and the agricultural extension agent from each participating county.
(b) If appointed by the board, it shall be the duty of the advisory committee to consult with and advise the board regarding the operation and financial management of the authority.

History (2)

Acts 1998, ch. 998, § 6
2003, ch. 90, § 2.

§ 64-10-106. Powers and duties.

(a) The authority has the following powers:
1. (1) Perpetual succession in corporate name;
2. (2) Sue and be sued in its name;
3. (3) Adopt, use and alter a corporate seal, which shall be judicially noticed;
4. (4) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part;
5. (5) Adopt, amend and repeal bylaws;
6. (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the authority;
7. (7) Accept the transfer of grants, funds, assets and liabilities of the East Tennessee agribusiness authority upon the termination of the interlocal government cooperative agreement establishing such authority, in accordance with § 64-10-117; and
8. (8) Enter into lease purchase agreements with private individuals, corporations, associations, and other organizations currently leasing property from the authority or wishing to establish a location on authority property. Any lease purchase agreement entered into under this subdivision (a)(8) must be approved by a two-thirds (⅔) majority vote of the board.
(b) The board shall:
1. (1) Approve an annual budget for the authority;
2. (2) Adopt a purchasing policy and a personnel policy consistent with state and federal law; and
3. (3) Adopt policies and procedures for fiscal control and accounting.
(c) Without limiting the foregoing, the authority shall have the following powers with respect to a system:
1. (1) To plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and to construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more systems within the region, including all real and personal property, facilities and appurtenances that the board of directors of the authority deems necessary in connection therewith and regardless of whether or not such system shall then be in existence;
2. (2) To enter into agreements with any county, city or utility district for the orderly transfer of any part of the system of such county, city or utility district and, to the extent permitted by law and contract, to assume, to reimburse or to otherwise agree to pay outstanding obligations or liability of such county, city or utility district incurred to acquire, extend or equip the system;
3. (3) To enter into agreements with any county, city or utility district to acquire by lease, gift, purchase or otherwise any system or property related to the system, of any county, city or utility district and operate such system separately or as a part of its system or enter into agreements with any county, city or utility district providing for the operation by the authority of a system, or any portion of the system, owned by any county, city or utility district;
4. (4) To acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain, or otherwise, any and all types of property, franchises, assets and liabilities, whether real, personal or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances and to hold, sell, lease, exchange, donate or convey its property, facilities or services for the purpose of continuing operation of any system by the authority;
5. (5) To collect and provide treatment for wastewater from, with or to any county, city, utility district, or other governmental unit of the state, or any agency thereof, or the United States, or any agency thereof, and to enter into contracts, agreements or other arrangements with any county, city, utility district, or other persons in connection therewith; provided, however, that the authority shall not enter into any agreement to collect or provide treatment for wastewater from any private person except with the prior consent of any county, city, utility district, or other governmental entity that is authorized to provide wastewater treatment services to such private person;
6. (6) To make and enter into all contracts, trust instruments, agreements and other instruments with any county, city or utility district, the state, or agency thereof, the United States, or any agency thereof, or any person, including, without limitation, bonds, notes, loan agreements with the Tennessee local development authority or the Tennessee department of environment and conservation and other forms of indebtedness as if the authority were a local government as such term is defined in applicable statutes governing grants and loans, to construct, equip or extend the system and to enter into contracts for the management and operation of a system or any facilities or service of the authority for the treatment, processing, collection, distribution, storage, transfer or disposal of wastewater;
7. (7) To incur debts, to borrow money, to issue bonds and to provide for the rights of the holders of such debts, notes, and bonds as provided in this part;
8. (8) To apply for, accept and pledge donations, contributions, loans, guarantees, financial assistance, capital grants or gifts from any county, city or utility district, the state, or any agency thereof, the United States, or any agency thereof, or any person, whether public or private, for, or in aid of, the purposes of the authority and to enter into agreements in connection with such donations, contributions, loans, guarantees, financial assistance, capital grants or gifts;
9. (9) To pledge all or any part of the revenues, receipts, donations, contributions, loans, guarantees, financial assistance, capital grants or gifts of the authority, to mortgage and pledge one (1) or more of its systems, or any part or parts thereof, whether owned at the time the pledge is entered into, or acquired after the pledge is entered into, and to assign and pledge all or any part of its interest in and rights under contracts and other instruments relating thereto as security for the payment of the principal, premium, if any and interest on bonds, notes or other obligations issued by the authority with respect to a system;
10. (10) To have control of its systems, facilities and services with the right and duty to establish and charge rates, fees, rental, tolls, deposits and other charges for the use of the facilities and services of the authority and to collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds, notes or other obligations;
11. (11) To enter onto any lands, waters and premises for the purposes of making surveys, soundings and examinations in and for the furtherance of the powers of the authority under this subsection (c);
12. (12) To use any right-of-way, easement or other similar property right necessary or convenient in connection with a system held by the state or any political subdivision thereof; provided, that the state or the governing body of such political subdivision consents to such use;
13. (13) To employ and pay compensation to such agents, including attorneys, accountants, engineers, architects and financial advisors, as the board deems necessary for the business of the authority;
14. (14) To employ and pay compensation to such employees, including a general manager, who shall have such authority, duties and responsibilities as the board deems necessary; and
15. (15) To procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any act of any member, officer or employee of the authority in the performance of the duties of the office or employment or any other insurance risk, including the payment of its bonds, notes or other obligations, as the board deems necessary.
(d) The board may do all other things that are necessary or appropriate for carrying out the purposes of this part that are not prohibited to it by law or this part.

History (3)

Acts 1998, ch. 998, § 7
2011, ch. 419, § 4
2019, ch. 180, § 2.

§ 64-10-107. Issuance of bonds, notes or other obligations.

(a)
1. (1) The authority is authorized and empowered to issue its bonds, notes or other obligations from time to time for the purpose of paying in whole or in part the cost of acquiring necessary lands and interests therein, and of constructing and acquiring constructed facilities and improvements necessary to further the economy and growth of the agriculture industry of the region, and the expenses incidental thereto. Prior to the adoption of any resolution of the board authorizing the sale of bonds, notes or other obligations or entering into any contract or other arrangement in the planning or preparation for the sale of bonds, notes or other obligations, the authority shall review such plans with the comptroller of the treasury or the comptroller's designee. The state funding board established by § 9-9-101 is authorized to contract or to make other arrangements as it may deem necessary to provide for the issuance of such bonds, notes or other obligations of the authority or, in the state funding board's discretion, the authority may enter into such contracts or other arrangements. Any contract or arrangement entered into for the purpose of the issuance of any bonds, notes or other obligations shall be subject to the approval of the state funding board.
2. (2) Any resolution of the board authorizing the sale of bonds, notes or other obligations shall be submitted to the state funding board, and such resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing the issuance of bonds, notes or other obligations, shall state in writing the reasons for this action.
(b)
1. (1) Except as otherwise expressly provided in this subsection (b), all bonds, including notes or other obligations of the authority, issued by the authority, are payable solely out of the revenues and receipts derived from the authority's projects or of any revenues of the authority as may be designated in the proceedings of the board under which the bonds are authorized to be issued; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without Tennessee, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board whereunder the bonds shall be authorized to be issued.
2. (2) If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds, but nothing contained in this subsection (b) shall be construed to confer on the authority any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued.
3. (3) Any bonds of the authority may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board to be most advantageous, and the authority may pay all expenses, premiums and commissions that its board may deem necessary or advantageous in connection with the issuance thereof. Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
4. (4) Proceeds of bonds issued by the authority may be used for the purpose of constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion, and payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds, and the establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(c) Subject to the approvals required in subsection (a), any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board may deem necessary, but not exceeding the sum of the following:
1. (1) The principal amount of the obligations being refinanced;
2. (2) Applicable redemption premiums thereon;
3. (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
4. (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever shall be determined by the board to be most advantageous or necessary to the authority;
5. (5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
6. (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
7. (7) Expenses, premiums and commissions of the authority, including bonds discount, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the authority, or that any of the amounts provided in this subdivision (c)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity, shall be conclusive.
(d) Any such refunding may be effected whether the obligations to be refunded have then matured or thereafter mature, either by the exchange or the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds, and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
(e) Prior to the issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by mail to each registered holder and, if the outstanding bonds or coupons are not registered securities, by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area of the project and in a financial newspaper published in New York, New York, having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (e).
(f) If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
(g) The principal proceeds from the sale of any refunding bonds shall be applied only as follows:
1. (1) To the immediate payment and retirement of the obligations being refunded; or
2. (2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any authority or instrumentality of the United States government or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having any aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subsection (g) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
(h) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(i) The principal of and interest on any bonds issued by the authority may be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sale contracts or loan agreements relating to such projects, or any part thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds and the rights and remedies available in the event of default, all as the board deems advisable and not in conflict with the provisions hereof. Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the above remedies.
(j)
1. (1)
  1. (A) Without limiting the foregoing, the authority is authorized to issue its bonds, notes or other obligations from time to time for the purpose of paying in whole or in part the cost of constructing, acquiring, extending, improving or equipping a system, which shall be considered a project for purposes of this section.
  2. (B) No bond or note authorized by subdivision (j)(1)(A) shall be issued until the resolution authorizing the issuance of bonds or notes, together with a statement as of the beginning of the then current fiscal year is submitted to the comptroller of the treasury or the comptroller's designee for review and approval. The statement submitted shall show in detail the total outstanding bonds, notes, warrants, refunding bonds, and other evidences of indebtedness of the authority, together with the maturity dates of the bonds, notes, warrants, refunding bonds, and other evidences of indebtedness, interest rates, special provisions for payment, the project to be funded by the bonds or notes, the current operating financial statement of the authority and any other pertinent financial information. The comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed bond or note issue statement and information. The comptroller of the treasury, or the comptroller's designee, shall report to the authority within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee.
  3. (C) Upon receipt of the report as provided in subdivision (j)(1)(B), the authority shall cause the report to be published once in a newspaper of general circulation in the county of the principal office of the authority, and any other county, city, or utility district that it serves and in any city or utility district that have entered into an agreement with the authority pursuant to § 64-10-104(b)(1), during the week following the report's receipt. After receiving the report of the comptroller of the treasury or the comptroller's designee, and after publication of such report, or after the expiration of fifteen (15) days from the date the statement and information are received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the authority may take such action with reference to the proposed bond or note issue as the authority deems advisable. The report of the comptroller of the treasury or the comptroller's designee shall also be made a part of the bond transcript.
2. (2) The principal and premium, if any, and interest on any bonds, refunding bonds, notes or other obligations issued pursuant to subdivision (j)(1) may be secured by a pledge of revenues and receipts of all or part of the system. The proceedings under which the bonds, notes, or other obligations are authorized to be issued may contain any agreements, provisions and covenants respecting the maintenance of such system or other facilities covered thereby, the fixing and collection of rents, fees or payments with respect to any system or portions thereof covered by such proceedings, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, notes or other obligations and the rights and remedies available in the event of default, all as the board deems advisable and not in conflict with the provision of this part. To the extent provided in the proceedings authorizing any bonds, notes or other obligations, each pledge and agreement made for the benefit of security of any of the bonds, notes or other obligations shall continue in effect until the principal of and interest on the bonds, notes or other obligations for the benefit of which the same were made shall have been fully paid or adequate provision for the payment thereof shall have been made by the authority. In the event of a default in such payment or in any agreements of the authority made as part of the proceedings under which the bonds, notes or other obligations were issued, such payment or agreement may be enforced by suit, mandamus or the appointment of a receiver in equity, or the proceedings under which the bonds, notes or other obligations are issued.
3. (3) The board may designate the appropriate officials to execute all documents necessary to provide for the issuance of, or secure the payment of, the bonds, notes or other obligations issued pursuant to subdivision (j)(1).
4. (4) Bonds, notes or other obligations issued pursuant to subdivision (j)(1) may constitute a joint obligation of the authority, any county that is a member of the authority, and any city or utility district that have entered into an agreement with the authority as provided in § 64-10-104(b)(1). Any such bonds, notes or other obligations upon which a county or city is jointly obligated with the authority may be secured by the full faith and credit and unlimited ad valorem taxing power of such county or city. Bonds, notes, or other obligations issued as a joint obligation of the authority and a county or city shall be issued in the form and manner of title 9, chapter 21, parts 1, 2, and 9, where applicable, and in the event of a conflict between this part and title 9, chapter 21, parts 1, 2, and 9, then title 9, chapter 21, parts 1, 2, and 9 shall prevail. Notes issued as a joint obligation of the authority and a county or city shall be issued in the form and manner of title 9, chapter 21, parts 1, 4, and 5, where applicable, and in the event of a conflict between this part and title 9, chapter 21, parts 1, 4, and 5, then title 9, chapter 21, parts 1, 4, and 5 shall prevail. Bonds, notes, or other obligations issued as a joint obligation of the authority and a utility district shall be issued in the form and manner of title 7, chapter 82, part 5, where applicable, and in the event of a conflict between this part and title 7, chapter 82, part 5, then title 7, chapter 82, part 5 shall prevail.
5. (5) Any bond, note or other obligation issued pursuant to subdivision (j)(1) may be secured by a mortgage or deed of trust covering any or all parts of the property, real or personal, of the system. Any pledge or lien on revenues, fees, rents, toll or other charges received or receivable by the authority to secure the payment of any bonds, notes or other obligations issued pursuant to subdivision (j)(1) and the interest thereon shall be valid and binding from the time that the pledge or lien is created and granted and shall inure to the benefit of the holder or holders of any such bonds, notes or other obligations of the authority until payment in full of the principal, premium and interest thereon. Neither the resolution nor any other instrument granting, creating or giving notice of the pledge or a lien or other such security interest need be filed or recorded to preserve or protect the validity or priority of such pledge or lien.

History (3)

Acts 1998, ch. 998, § 8
2010, ch. 868, § 84
2011, ch. 419, § 5.

§ 64-10-108. Market manager and staff.

The board is authorized to appoint a market manager and staff whose salaries shall be paid out of the revenues generated by the market.

History (1)

Acts 1998, ch. 998, § 9.

§ 64-10-109. Regular meetings — Conduct of business — Travel regulations.

(a) The board shall establish the time, date and place for its regular meetings. The chair or a majority of the voting members of the board, by petition, may call special meetings of the board.
(b) A majority of the entire voting membership of the board and not simply a majority of those members present is necessary to conduct business.
(c) The members of the board, executive committee or advisory committee, if an advisory committee is appointed, shall serve without compensation, but they may be allowed necessary traveling and other expenses while engaged in the business of the authority in such amount as the board approved in the annual budget for the authority.
(d)
1. (1) The board shall adopt comprehensive travel regulations applicable to all officers and employees of the authority. The minimum regulations shall be the same as those comprehensive travel regulations established by the state. Nothing in this subdivision (d)(1) shall prohibit the authority from adopting a more stringent policy. However, the authority may establish a mileage allowance for travel up to, but not in excess of, the business standard mileage rate established by the Internal Revenue Code.
2. (2) The authority may adopt comprehensive travel regulations in lieu of the state's comprehensive travel regulations as described in subdivision (d)(1). Such regulations shall determine how expenses will be reimbursed and what expenses are reimbursable. A copy of such travel regulations shall be open for public inspection and kept on file by the authority.

History (1)

Acts 1998, ch. 998, § 10.

§ 64-10-110. Member counties—Powers.

The counties that are members of the authority are hereby authorized and empowered to:
1. (1) Appropriate sufficient funds for the use of the authority amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. County legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and
2. (2) Issue their bonds as provided in title 9, chapter 21, to obtain funds for the financing of public works by the authority pursuant to cooperative agreements with the authority.

Backlinks (1)

64-10-111

History (1)

Acts 1998, ch. 998, § 11.

§ 64-10-111. Receipt of grants, appropriations and other contributions.

In addition to § 64-10-110, the authority may receive grants, appropriations, other contributions of funds, and real or personal property, from the state of Tennessee, the federal government, any other governmental entity or any nonprofit organization, individuals, companies or corporations.

History (1)

Acts 1998, ch. 998, § 12.

§ 64-10-112. Conduct of financial affairs.

The financial affairs of the authority shall be conducted in accordance with state law and the procedures established by the comptroller of the treasury. The board may establish such bank accounts for the authority as the board deems appropriate and consistent with state law. The authority is authorized to invest any funds of the authority in any investment that would be an eligible investment of a county.

History (2)

Acts 1998, ch. 998, § 13
2011, ch. 419, § 6.

§ 64-10-113. Annual audit.

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the board, and if the department of audit has not prepared the audit, with the comptroller of the treasury or comptroller's designee. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that audit standards prescribed by the comptroller of the treasury are met.
(b) These audits shall be prepared by certified public accountants or by the department of audit. In the event the governing body of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section when the activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Furthermore, the comptroller of the treasury is authorized to direct the department of audit to make an audit or financial review of the books and records of the authority.
(d) The current operating financial statements of the authority, and any other pertinent information as required by the comptroller, or the comptroller's designee, shall be submitted annually with the copy of the annual audit, or upon request, to the comptroller, or the comptroller's designee.

Backlinks (1)

64-10-116

History (4)

Acts 1998, ch. 998, § 14
2011, ch. 419, §§ 7, 8
2014, ch. 619, § 1
2018, ch. 495, § 9.

§ 64-10-114. Obsolete or surplus property — Disposal.

The board may direct the disposal of the authority's obsolete or surplus property, except for land purchased under the state's grant agreement, contract number 100/005-01-91, executed May 23, 1991, and any improvements thereon, which shall immediately be offered, at no cost, to the state. Any disposal of interest in land or improvements to real property purchased pursuant to the above mentioned grant agreement shall receive prior approval of the state building commission. Such disposal shall comply with the general law applicable to counties' sound business practices.

History (1)

Acts 1998, ch. 998, § 15.

§ 64-10-115. County membership.

(a) Any county in the East Tennessee grand division not a member of the authority may become a member by:
1. (1) Notifying the board of its desire to become a member;
2. (2) Adopting a resolution by a two-thirds (⅔) vote of the county legislative body; and
3. (3) Contributing funds in an amount to be determined by the board, which shall not exceed the highest contribution by any county already a member as adjusted for inflation or deflation by the consumer price index, all cities average, published by the United States department of labor.
(b) Upon approval by the board and the county legislative body of the county seeking to become a member, the county shall become a member of the authority when the authority receives the necessary contribution. When a county is added as a member of the authority, the board shall cause the resolution of the county legislative body providing for addition of the county as a member of the authority to be filed with the secretary of state as an addendum. New members shall be entitled to membership on the board. The county mayor of any such county, or the county mayor's designee, shall become a member of the board for an initial term of office to be established by the board.

Backlinks (2)

History (2)

Acts 1998, ch. 998, § 16
2003, ch. 90, § 2.

§ 64-10-116. Annual reports.

The board of directors of the authority shall report annually to the governing bodies of the various counties of the area. Such reports shall include a summary of all activities and accomplishments for the period, a copy of the annual audit prepared in accordance with § 64-10-113, and the proposed plans for the next year.

History (1)

Acts 1998, ch. 998, § 17.

§ 64-10-117. Termination of East Tennessee agribusiness authority—Transfer of assets.

On the date the interlocal governmental cooperative agreement that established the East Tennessee agribusiness authority is completely terminated in accordance with such agreement and upon the approval of two-thirds (⅔) of such counties so terminating such interlocal governmental cooperative agreement that the assets belonging to the East Tennessee agribusiness authority be transferred to the East Tennessee regional agribusiness marketing authority created under this part, such assets shall be transferred to the East Tennessee regional agribusiness marketing authority. On such date the East Tennessee regional agribusiness marketing authority shall assume all debts of the East Tennessee agribusiness authority and the joint market project created under such interlocal cooperative agreement.

Backlinks (1)

64-10-106(a)(7)

History (1)

Acts 1998, ch. 998, § 18.

§ 64-10-118. Condemnation of property for operation, improvement or expansion.

The authority may condemn in its own name any land, rights in land, easements, and/or rights-of-way that in the judgment of the wastewater board are necessary for the purposes of acquiring property for the operation, improvement and expansion of a system, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by persons having the power of eminent domain, or otherwise held or used for public purposes; provided, however, that such prior public use will not be interfered with by the use to which such property will be put by the authority; and provided further, that the exercise of eminent domain power shall be approved by a majority of those present and voting of the board of directors of the authority. Such power of condemnation may be exercised in the manner prescribed by any applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.

History (1)

Acts 2011, ch. 419, § 9.

§ 64-10-119. Tax exemption — Jurisdiction — Consent not required.

(a) The authority, its properties at any time owned by it, and the income and revenues derived from such properties are exempt from all state, county, and municipal taxation. Notwithstanding this subsection (a) and § 64-10-101(a), any property sold by the authority under a lease purchase agreement is not exempt from state, county, or municipal taxation. All bonds, notes, and other obligations issued by the authority and the income from such bonds, notes, and other obligations are exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes, or except as otherwise provided by state law. Bonds issued by the authority are deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(b) Neither the Tennessee public utility commission nor any board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of a system, including the regulation of its rates, fees, tolls or charges; provided, however, that the authority is subject to regulation by the department of environment and conservation as a public sewerage system.
(c) Notwithstanding any other law to the contrary, the authority may acquire, construct, improve and extend a system in the region served by the authority without the consent of any county, city or utility district.

History (3)

Acts 2011, ch. 419, § 10
2017, ch. 94, § 44
2019, ch. 180, § 3.

§ 64-10-120. Powers of county, city or utility district.

(a) Any county, city or utility district may take all actions under this part by resolution of its governing body. Any county, city or utility district shall have all powers necessary in order to further the purposes of this part, including, without limitation, the power to sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing wastewater system, franchises, assets, liabilities or other related property, whether real or personal, or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances, or grant easements, license or other rights or privileges therein to the authority and to contract with the authority.
(b) Any county, city or utility district may enter into agreements with the authority for the orderly transfer of all or any part of its system and to enter into agreement for the authority to assume, to pay or to refund bonds, notes or other obligations issued by a county, city or utility district entered into by the county, city or utility district to acquire, construct or equip all or any part of a system.
(c) Any county, city or utility district is authorized to advance, donate or lend money to the authority and to provide that funds available to it for a system shall be paid to the authority.
(d) Any county, city or utility district shall have the same right to enter into any agreement with the authority that the wastewater board deems necessary to carry out the purposes of this part as a county, city or utility district has to enter into similar agreements with wastewater treatment authorities as provided by title 68, chapter 221, part 6.

History (1)

Acts 2011, ch. 419, § 11.

§ 64-10-121. No restriction or limitation on powers of county, city or utility district — Powers cumulative and supplemental.

Nothing contained in this part shall be construed as a restriction or a limitation upon any powers that a county, city or utility district might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceedings, notice or approval shall be required with respect to the issuance of bonds, notes or other obligations of the authority or any instrument as security for the bonds, notes or other obligations except as provided in this part, any law to the contrary notwithstanding; provided, that nothing in this section shall be construed to deprive the state and its governmental subdivisions of their respective police powers or to impair any power of any official or agency of the state and its governmental subdivisions that may be otherwise provided by law.

History (1)

Acts 2011, ch. 419, § 12.

§ 64-10-122. Authority to contract.

(a) The authority is hereby authorized, whenever desirable by its board, to enter into contracts, agreements or other arrangements with any county, city or utility district regarding a system, any wastewater facility or any wastewater service of the authority. Any such contract or agreement may extend for any period not exceeding forty (40) years from the date thereof.
(b) Any county, city or utility district seeking to enter into such agreement with the authority shall have the same rights and liabilities as it would otherwise have in entering into a similar agreement with a wastewater treatment authority as provided by title 68, chapter 221, part 6.

History (1)

Acts 2011, ch. 419, § 13.

§ 64-10-123. Authority deemed a local government unit.

For the purposes of this part, title 4, chapter 31, and title 68, chapter 221, the authority shall be deemed to be a local government unit and shall be eligible for the same grants, loans, and other assistance, and subject to the same obligations and requirements imposed by law related to such grants, loans, and assistance as any other local government unit.

History (1)

Acts 2011, ch. 419, § 14.

§ 64-10-124. Construction of part.

This part is remedial in nature and shall be liberally construed to effect its purpose of providing for a systematic and efficient means of the provision of wastewater services to the region served by the authority and the powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this part.

History (1)

Acts 2011, ch. 419, § 15.

Part 2 Cumberland Regional Business and Agribusiness Marketing Authority

§ 64-10-201. Creation — Purposes.

(a) The Cumberland regional business and agribusiness marketing authority is hereby created as a public body corporate and politic, referred to as the “authority” in this part. The authority is a public and governmental body acting as an agent and instrumentality of the counties with respect to which the authority is organized. As such, all property of the authority, both real and personal, is exempt from all local, state and federal taxation.
(b) The acquisition, operating and financing of the authority and related purposes are hereby declared to be for public and governmental purposes and a matter of public necessity to further the economy and growth of the business and agricultural industry of the region.
(c) The purposes of the Cumberland regional business and agribusiness marketing authority are to:
1. (1) Create a business support process that accelerates the successful development of start-up and fledgling companies by providing entrepreneurs with an array of targeted resources and services;
2. (2) Have the authority to establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products, and to provide the citizens of the region and other buyers a convenient place to purchase these products; and
3. (3) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining support for small business incubators for the region through the establishment of a pilot program for such purposes.

History (2)

Acts 2013, ch. 474, § 1
2014, ch. 812, § 2.

§ 64-10-202. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Agribusiness” means a business dealing with agricultural products or engaged in providing products or services to farmers;
2. (2) “Authority” means the Cumberland regional business and agribusiness marketing authority;
3. (3) “Board” means the board of directors of the Cumberland regional business and agribusiness marketing authority;
4. (4) “Business” means any start-up or existing business;
5. (5) “Center” means the regional food distribution center established by the authority;
6. (6) “Department” means the department of agriculture; and
7. (7) “Region” means the area consisting of the counties of Anderson, Campbell, Cumberland, Fentress, Loudon, Morgan, Roane, Scott and any other county in the eastern grand division that becomes a member of the authority in accordance with § 64-10-215.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-203. Board of directors.

(a)
1. (1) Subject to subsection (b), the authority shall be governed by a board of directors consisting of the county mayor of each county, or the county mayor's designee, that is a member of the authority. Subject to § 64-10-215, the following counties shall comprise the authority: Anderson; Campbell; Cumberland; Fentress; Loudon; Morgan; Roane; and Scott.
2. (2) The term of any designee shall expire with the term of the county mayor who appointed such designee. The initial terms of designees, if any, shall be as follows:
  1. (A) The initial terms of the designees from Anderson and Cumberland counties shall be one (1) year;
  2. (B) The initial terms of the designees from Loudon, Morgan and Fentress counties shall be two (2) years; and
  3. (C) The initial terms of the designees from Campbell, Roane and Scott counties shall be three (3) years.
3. (3) Following the initial terms of service, the term of office for each designee shall be three (3) years.
4. (4) The board shall also have two (2) nonvoting members as follows:
  1. (A) The president of Roane State Community College, or the president's designee; and
  2. (B) One (1) member elected by the board.
5. (5) The board shall, at its first meeting of each calendar year, elect from its voting membership a chair, a vice chair, a secretary and a treasurer, each to serve terms of one (1) year and until a successor is elected.
6. (6) The term of office of the county mayor serving on the board shall be coterminous with such official's elective term of office.
(b) Should a board member who is a designee attend less than fifty percent (50%) of the called meetings during a calendar year, the board is authorized to declare a vacancy on the board for that position. The board shall then notify the county mayor who appointed such designee of the vacancy and, if the county mayor fails to appoint a new designee within thirty (30) days, then the board shall, by majority vote, replace the member with a knowledgeable person from the county for which a vacancy was declared by the board.
(c) The board shall meet at least quarterly. More frequent meetings may be called at the discretion of the board.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-204. Executive committee.

The board shall establish an executive committee consisting of the chair, vice chair, secretary, treasurer and the president of Roane State Community College or the president's designee, as an ex officio member. The executive committee is authorized to act on behalf of the board in the day-to-day operations of the authority. The executive committee shall meet at least monthly, either in person or by telephone conference, and make a full report to the board at its regular meetings.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-205. Advisory committee.

(a) The board may appoint an advisory committee consisting of one (1) member from each county that is a member of the authority.
(b) If appointed by the board, it shall be the duty of the advisory committee to consult with and advise the board regarding the operation and financial management of the authority.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-206. Powers and duties.

(a) The authority has the following powers:
1. (1) Perpetual succession in corporate name;
2. (2) Sue and be sued in its name;
3. (3) Adopt, use and alter a corporate seal, which shall be judicially noticed;
4. (4) Enter into such contracts and cooperative agreements with federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part;
5. (5) Adopt, amend and repeal bylaws;
6. (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the authority;
7. (7) Accept the transfer of grants, funds, assets and liabilities of the authority upon the termination of the interlocal government cooperative agreement establishing the authority, in accordance with § 64-10-217;
8. (8) Create pilot programs for the establishment of new small business incubators, and for the maintenance and support of existing small business incubators in the region;
9. (9) Accept state appropriations to be used solely for the creation of pilot programs to establish and maintain small business incubators in the region; and
10. (10) Adopt policies and procedures to administer pilot programs, including, but not limited to, policies and procedures to establish criteria to determine which counties in the region shall qualify for funding to establish small business incubators.
(b) The board shall:
1. (1) Approve an annual budget for the authority;
2. (2) Adopt a purchasing policy and a personnel policy consistent with state and federal law; and
3. (3) Adopt policies and procedures for fiscal control and accounting.
(c) The board may do all other things that are necessary or appropriate for carrying out this part that are not prohibited by law or this part.

History (2)

Acts 2013, ch. 474, § 1
2014, ch. 812, § 3.

§ 64-10-207. Issuance of bonds, notes or other obligations.

(a)
1. (1) The authority is authorized and empowered to issue its bonds, notes or other obligations from time to time for the purpose of paying in whole or in part the cost of acquiring necessary lands and interests therein, and of constructing and acquiring constructed facilities and improvements necessary to further the economy and growth of the agriculture industry of the region, and the expenses incidental thereto. Prior to the adoption of any resolution of the board authorizing the sale of bonds, notes or other obligations, or entering into any contract or other arrangement in the planning or preparation for the sale of bonds, notes or other obligations, the authority shall review such plans with the comptroller of the treasury or the comptroller's designee. The state funding board established by § 9-9-101 is authorized to contract or to make other arrangements as it may deem necessary to provide for the issuance of such bonds, notes or other obligations of the authority or, in the state funding board's discretion, the authority may enter into such contracts or other arrangements. Any contract or arrangement entered into for the purpose of the issuance of any bonds, notes or other obligations shall be subject to the approval of the state funding board.
2. (2) Any resolution of the board authorizing the sale of bonds, notes or other obligations shall be submitted to the state funding board, and such resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing the issuance of bonds, notes or other obligations, shall state in writing the reasons for its action.
(b)
1. (1) Except as otherwise expressly provided in this subsection (b), all bonds, including notes or other obligations of the authority, issued by the authority, are payable solely out of the revenues and receipts derived from the authority's projects or of any revenues of the authority as may be designated in the proceedings of the board under which the bonds are authorized to be issued; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without Tennessee, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board whereunder the bonds shall be authorized to be issued.
2. (2) If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds, however nothing contained in this subsection (b) shall be construed to confer on the authority any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued.
3. (3) Any bonds of the authority may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board to be most advantageous, and the authority may pay all expenses, premiums and commissions that its board may deem necessary or advantageous in connection with the issuance thereof. Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
4. (4) Proceeds of bonds issued by the authority may be used for the purpose of constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion, for payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds, and for the establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(c) Subject to the approvals required in subsection (a), any bonds or notes of the authority at any time outstanding may, at any time and from time to time, be refunded by the authority by the issuance of its refunding bonds in such amount as the board may deem necessary, but not exceeding the sum of the following:
1. (1) The principal amount of the obligations being refinanced;
2. (2) Applicable redemption premiums thereon;
3. (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
4. (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, the amount of interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever shall be determined by the board to be most advantageous or necessary to the authority;
5. (5) A reasonable reserve for the payment of principal of and interest on such bonds or a renewal and replacement reserve;
6. (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
7. (7) Expenses, premiums and commissions of the authority, including bonds discount, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the authority, or that any of the amounts provided in this subdivision (c)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity, shall be conclusive.
(d) Any such refunding may be effected whether the obligations to be refunded have then matured or thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds, and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
(e) Prior to the issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by mail to each registered holder and, if the outstanding bonds or coupons are not registered securities, by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area of the project and in a financial newspaper published in New York, New York, having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (e).
(f) If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
(g) The principal proceeds from the sale of any refunding bonds shall be applied only as follows:
1. (1) To the immediate payment and retirement of the obligations being refunded; or
2. (2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any authority or instrumentality of the United States government or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having any aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subsection (g) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
(h) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(i) The principal of and interest on any bonds issued by the authority may be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, or by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sale contracts or loan agreements relating to such projects, or any part thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds and the rights and remedies available in the event of default, all as the board deems advisable and not in conflict with the provisions hereof. Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue to be effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the remedies listed in this part.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-208. Executive director and staff.

The board is authorized to appoint an executive director and staff whose salaries shall be paid out of the revenues generated by the authority.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-209. Regular meetings — Conduct of business — Compensation and expenses.

(a) The board shall establish the time, date and place for its regular meetings. The chair or a majority of the voting members of the board, by petition, may call special meetings of the board.
(b) A majority of the entire voting membership of the board and not simply a majority of those members present shall be necessary to conduct business.
(c) The members of the board, executive committee or advisory committee, if an advisory committee is appointed, shall serve without compensation, but may be allowed necessary travel and other expenses while engaged in the business of the authority. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-210. Member counties—Powers.

The counties that are members of the authority are hereby authorized and empowered to:
1. (1) Appropriate sufficient funds for the use of the authority amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. County legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and
2. (2) Issue their bonds as provided in title 9, chapter 21, to obtain funds for the financing of public works by the authority pursuant to cooperative agreements with the authority.

Backlinks (1)

64-10-211

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-211. Receipt of grants, appropriations and other contributions.

In addition to § 64-10-210, the authority may receive grants, appropriations, other contributions of funds, and real or personal property, from the state of Tennessee, the federal government, any other governmental entity or any nonprofit organization, individuals, companies, or corporations.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-212. Conduct of financial affairs — Fiscal agent.

(a) The financial affairs of the authority shall be conducted in accordance with state law and the procedures established by the comptroller of the treasury. The board may establish such bank accounts for the authority as the board deems appropriate and consistent with state law. The authority is authorized to invest any funds of the authority in any investment that would be an eligible investment of a county.
(b) The chief financial officer within the office of finance at Roane State Community College shall serve as the fiscal agent for the receipt of all state appropriated funds for the pilot program, to be dispersed equally among the existing and newly created small business incubators, as directed by the board.

History (2)

Acts 2013, ch. 474, § 1
2014, ch. 812, § 4.

§ 64-10-213. Annual audit.

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority, including, but not limited to, the function of the pilot program established to support existing small business incubators in the region and to establish new small business incubators in accordance with [former] § 64-10-223 [repealed]. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the board, and if the department of audit has not prepared the audit, with the comptroller of the treasury or comptroller's designee. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that audit standards prescribed by the comptroller of the treasury are met.
(b) These audits shall be prepared by either certified public accountants or by the department of audit. In the event the governing body of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section when the activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Furthermore, the comptroller of the treasury is authorized to direct the department of audit to make an audit or financial review of the books and records of the authority.
(d) The current operating financial statements of the authority, and any other pertinent information as required by the comptroller, or the comptroller's designee, shall be submitted annually with the copy of the annual audit, or upon request, to the comptroller, or the comptroller's designee.
(e) The board shall submit an annual report to the finance, ways and means committee of the senate and the finance, ways and means committee of the house of representatives that details the function of the pilot program as created pursuant to [former] § 64-10-223 [repealed] and its support of small business incubators, including, but not be limited to, the amount of state appropriations received each fiscal year, the participants in the program and the program's effect on small businesses in the region.

Backlinks (1)

64-10-216

History (4)

Acts 2013, ch. 474, § 1
2014, ch. 619, § 2
2014, ch. 812, §§ 5, 6
2018, ch. 495, § 10.

§ 64-10-214. Obsolete or surplus property — Disposal.

The board may direct the disposal of the authority's obsolete or surplus property, except for land purchased under the state's grant agreement, contract number 100/005-01-91, executed May 23, 1991, and any improvements thereon, which shall immediately be offered, at no cost, to the state. Any disposal of interest in land or improvements to real property purchased pursuant to the abovementioned grant agreement shall receive prior approval of the state building commission. Such disposal shall comply with the general law applicable to counties' sound business practices.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-215. County membership.

(a) Any county in the eastern grand division not a member of the authority may become a member by:
1. (1) Notifying the board of its desire to become a member;
2. (2) Adopting a resolution by a two-thirds (⅔) vote of the county legislative body; and
3. (3) Contributing funds in an amount to be determined by the board, which shall not exceed the highest contribution by any county already a member as adjusted for inflation or deflation by the consumer price index, all cities average, published by the United States department of labor.
(b) Upon approval by the board and the county legislative body of the county seeking to become a member, the county shall become a member of the authority when the authority receives the necessary contribution. When a county is added as a member of the authority, the board shall cause the resolution of the county legislative body providing for addition of the county as a member of the authority to be filed with the secretary of state as an addendum. New members shall be entitled to membership on the board. The county mayor of any such county, or the county mayor's designee, shall become a member of the board for an initial term of office to be established by the board.

Backlinks (2)

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-216. Annual reports.

The board of directors of the authority shall report annually to the governing bodies of the various counties of the area. Such reports shall include a summary of all activities and accomplishments for the period, a copy of the annual audit prepared in accordance with § 64-10-213, and the proposed plans for the next year.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-217. Dissolution of the corporation — Distribution of assets.

Upon the dissolution of the corporation, after all creditors of the corporation have been paid, its assets shall be distributed to one (1) or more organizations that qualify as exempt organizations under § 501(c)(3) of the Internal Revenue Code of 1986, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government or an institution of the board of regents system for exclusively public purposes.

Backlinks (1)

64-10-206(a)(7)

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-218. Tax exemption.

The authority, its properties at any time owned by it and the income and revenues derived from such properties shall be exempt from all state, county and municipal taxation. All bonds, notes and other obligations issued by the authority and the income from such bonds, notes, and other obligations shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes or except as otherwise provided by state law. Bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-219. Powers of county, city or utility districts.

(a) Any county, city or utility district may take all actions under this part by resolution of its governing body. Any county, city or utility district shall have all powers necessary in order to further the purposes of this part.
(b) Any county, city or utility district may enter into agreements with the authority for the orderly transfer of all or any part of its system and to enter into an agreement for the authority to assume, to pay or to refund bonds, notes or other obligations issued by a county, city or utility district entered into by the county, city or utility district to acquire, construct or equip all or any part of a system.
(c) Any county, city or utility district is authorized to advance, donate or lend money to the authority and to provide that funds available to it for a system shall be paid to the authority.
(d) Any county, city or utility district shall have the same right to enter into any agreement with the authority that the wastewater board deems necessary to carry out the purposes of this part as a county, city or utility district has to enter into similar agreements with wastewater treatment authorities as provided by title 68, chapter 221, part 6.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-220. No restriction or limitation on powers of county, city or utility district — Powers cumulative and supplemental.

Nothing contained in this part shall be construed as a restriction or a limitation upon any powers that a county, city or utility district might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceedings, notice or approval shall be required with respect to the issuance of bonds, notes or other obligations of the authority or any instrument as security for the bonds, notes or other obligations except as provided in this part, any law to the contrary notwithstanding; provided, that nothing in this section shall be construed to deprive the state and its governmental subdivisions of their respective police powers or to impair any power of any official or agency of the state and its governmental subdivisions that may be otherwise provided by law.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-221. Authority deemed a local government unit.

For the purposes of this part and title 4, chapter 31, the authority shall be deemed to be a local government unit and shall be eligible for the same grants, loans, and other assistance, and subject to the same obligations and requirements imposed by law related to such grants, loans, and assistance as any other local government unit.

History (1)

Acts 2013, ch. 474, § 1.

§ 64-10-222. Construction of part.

This part is remedial in nature and shall be liberally construed to effect its purpose and the powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this part.

History (1)

Acts 2013, ch. 474, § 1.

Chapter 11 Financial Audits

§ 64-11-101. Filing — Audit by the comptroller.

All entities created under this title must file an annual financial audit with the comptroller of the treasury, and are subject to audit by the comptroller.

History (1)

Acts 2002, ch. 603, § 10.