Tenn. Code Ann. § 7-54-103 — TN Code / Title 7 / Chapter 54 / Section 7-54-103
Powers of municipalities - Delegation of municipal authority
Status: in_force

(a) The municipality shall charge for the production of any energy for such heating, cooling or processing and may combine it with any other energy produced. In no case shall the rates charged to electric or other power utility subscribers not receiving energy from the energy production facility be increased to provide revenue for the repayment of its bonds issued for such purposes. (b) (1) For the purposes of this chapter, any municipality may issue bonds for the construction of energy production facilities in the manner and subject to § 7-54-106 , the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21, or in accordance with any other law applicable to the issuer of such bonds for such purposes; provided, that, notwithstanding any contrary provisions of any such laws, bonds issued as authorized in this subsection (b) for energy production facilities may be sold at public sale or at private sale without advertisement as the issuer of such bonds shall determine. (2) If such bonds or refunding bonds are issued by a not-for-profit corporation acting for the benefit of or on behalf of any one (1) or more counties, cities, towns, or local governments under this chapter, such bonds shall be sold at competitive bid or at a negotiated sale pursuant to this section. Prior to the adoption of any resolution of the board of the not-for-profit corporation 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, any such resolution or any such proposed contracts or other arrangements shall be subject to the approval of the comptroller of the treasury or the comptroller's designee and shall be subject to review by the state funding board. Any resolution of the not-for-profit corporation authorizing the sale of bonds, notes, or other obligations shall only become effective upon receiving the approval of the comptroller of the treasury or the comptroller's designee and the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting. This subdivision (b)(2) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census. (c) With respect to the construction, financing, operation, or maintenance of an energy production facility or any contract authorized by § 7-54-105(a)(3) , a municipality has the power to enter into such contracts or agreements, as it shall determine to be necessary or beneficial, with any person, relating to the collection, delivery, sale, purchase, or disposal of solid waste and the output from an energy production facility, including, without limitation, output in the form of electricity, steam, fuel, residue, or otherwise. Notwithstanding any other law, any municipality or county has the power to enter into contracts or agreements with municipalities proceeding under this chapter providing for the collection, delivery, sale, purchase, or disposal of solid waste or the output from an energy production facility. (d) In connection with the construction, financing, operation or maintenance of an energy production facility or any contract authorized by § 7-54-105(a)(3) , a municipality other than a power district is authorized to exercise exclusive jurisdiction and exclusive right to control the collection and disposal of solid waste within its boundaries. In furtherance of this subsection (d) and the energy and environmental objectives of this chapter, and title 68, chapter 211, any municipality, other than a power district, constructing, financing, operating or maintaining an energy production facility or entering into any contract authorized by § 7-54-105(a)(3) , or contracting with another municipality for the disposal of solid waste in whole or in part through, or by means of, such an energy production facility, is authorized to exercise exclusive jurisdiction and exclusive right to control the collection and disposal of solid waste within its boundaries and to take all necessary action to displace competition with regulation or a monopoly public service; provided, that no county shall be authorized to exercise such jurisdiction and right within the corporate limits of any incorporated city or town or metropolitan government; and provided, further, that manufacturing firms that hold state permits to dispose of or utilize their own solid wastes on plant property on April 27, 1981, shall not be subject to this chapter except by mutual agreement between plant management and the municipality. Such jurisdiction and right to control by a municipality may be exercised by ordinance, resolution, contract or otherwise. (e) A municipality is authorized to establish, levy, and collect fees, rates, or charges in connection with: (1) The collection, delivery, sale, purchase, or disposal, whether at the site of an energy production facility, a landfill, or otherwise, of solid waste; and (2) The output from an energy production facility. (f) A municipality may pledge as security for the payment of the bonds authorized to be issued pursuant to this chapter, any revenues derived from or in connection with the construction, ownership, operation, financing, leasing or sale of any energy production facility, or the execution of any contract authorized by § 7-54-105(a)(3) , including, without limitation, revenues derived from or in connection with any fees, rates, charges, contracts, or agreements in connection with the collection, delivery, sale, purchase, or disposal, whether at the site of an energy production facility, a landfill, or otherwise, of solid waste and the output from an energy production facility and may also pledge the revenues from the sale of energy to pay bonds or loans issued under any municipal or other bond authority or any other state legislation permitting energy production facilities. (g) Notwithstanding the limitations contained in any general statutory provisions granting municipalities the right of eminent domain or condemnation, for the purposes of this chapter, any municipality proceeding with the construction, operation, maintenance or management of an energy production facility, or executing any contract authorized by § 7-54-105(a)(3) is authorized and empowered, within its boundaries, to condemn any land, easement or rights-of-way, either on, under or above the ground, for any and all purposes necessary in connection with the construction, operation and maintenance of an energy production facility or improvement to such facility. Title to property so condemned shall be taken in the name of the municipality and may be thereafter conveyed to any not-for-profit corporation acting for or on behalf of such municipality. For purposes of this subsection (g), no county shall be authorized to exercise such right of eminent domain or condemnation within the corporate limits of any town, city or metropolitan government. (h) The term of any contract or agreement authorized by this chapter may extend beyond the elected term of the members of the governing body of the municipality or county involved, but in no event may such term exceed forty (40) years. (i) The construction, operation, jurisdiction, control, and management of any facility constructed as authorized in this section may be delegated by the municipality to any of its agencies, divisions, boards, or departments as it shall determine, and such agencies, divisions, boards, or departments are authorized, notwithstanding any of the provisions of the municipality's charter, to accept such delegation of jurisdiction, control, and management. Such functions may also be delegated by the municipality to any not-for-profit corporation acting for or on behalf of such municipality; provided, that, except in any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census, the site selection for an energy production facility may be delegated to any such not-for-profit corporation, but shall be subject to the approval by a two-thirds (2/3) vote of the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting prior to the purchase of any such site. (j) Any municipality or county exercising, whether jointly or severally, any authority conferred upon it by this chapter, as amended, is hereby declared to be acting in furtherance of a public or governmental purpose. (k) Provided, that such separation and disposition neither creates a public nuisance nor is otherwise injurious to the public health, welfare, and safety, nothing in this chapter shall prevent a person or business entity that generates or produces solid waste upon property owned, leased, or rented by such person or business entity to separate or cause to be separated recyclable materials from the solid waste while the solid waste is on such property and either to: (1) Maintain title to such recyclable materials for such person's or business entity's own use; or (2) Dispose of such recyclable materials by sale or gift. (l) Nothing in this chapter shall prevent a person from purchasing or receiving by gift recyclable materials for processing or other use separated and disposed of in strict accordance with subsection (k). (m) (1) If such functions are delegated by the municipality to any not-for-profit corporation acting for or on behalf of such municipality, such corporation shall develop a uniform accounting system conforming to generally accepted accounting principles, which system shall be subject to approval by the comptroller of the treasury. (2) The annual report, including financial statements, and all books of account and financial records of such not-for-profit corporation shall be subject to audit by the comptroller of the treasury. The board of such corporation may, with the prior approval of the comptroller of the treasury, engage licensed independent public accountants to perform the audits. The audit contract between the corporation and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The corporation shall be responsible for reimbursement of the costs of audits prepared by the comptroller of the treasury and the payment of fees for audits prepared by licensed independent public accountants. Audits and working papers prepared by independent public accountants shall be subject to review and approval by the comptroller of the treasury prior to payment. Copies of such audits shall be provided to each member of the board, the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting, and the comptroller of the treasury, and shall be made available to the press. (3) The board of directors of the not-for-profit corporation shall develop purchasing, contracting, and personnel procedures, which shall be subject to approval by the comptroller of the treasury and the commissioner of finance and administration prior to implementation. (4) This subsection (m) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census. Acts 1975, ch. 204, § 3; T.C.A., § 6-1333; Acts 1981, ch. 204, §§ 3-5; 1982, ch. 624, §§ 4, 5; 1983, ch. 226, §§ 2, 6, 8; 1987, ch. 82, §§ 1-3; 1987, ch. 250, §§ 3-6; 1988, ch. 750, §§ 32, 33; 1988, ch. 908, §§ 1, 5, 7, 8; 2010, ch. 868, § 21.
(a) The municipality shall charge for the production of any energy for such heating, cooling or processing and may combine it with any other energy produced. In no case shall the rates charged to electric or other power utility subscribers not receiving energy from the energy production facility be increased to provide revenue for the repayment of its bonds issued for such purposes.
(b) (1) For the purposes of this chapter, any municipality may issue bonds for the construction of energy production facilities in the manner and subject to § 7-54-106 , the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21, or in accordance with any other law applicable to the issuer of such bonds for such purposes; provided, that, notwithstanding any contrary provisions of any such laws, bonds issued as authorized in this subsection (b) for energy production facilities may be sold at public sale or at private sale without advertisement as the issuer of such bonds shall determine. (2) If such bonds or refunding bonds are issued by a not-for-profit corporation acting for the benefit of or on behalf of any one (1) or more counties, cities, towns, or local governments under this chapter, such bonds shall be sold at competitive bid or at a negotiated sale pursuant to this section. Prior to the adoption of any resolution of the board of the not-for-profit corporation 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, any such resolution or any such proposed contracts or other arrangements shall be subject to the approval of the comptroller of the treasury or the comptroller's designee and shall be subject to review by the state funding board. Any resolution of the not-for-profit corporation authorizing the sale of bonds, notes, or other obligations shall only become effective upon receiving the approval of the comptroller of the treasury or the comptroller's designee and the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting. This subdivision (b)(2) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census.
(1) For the purposes of this chapter, any municipality may issue bonds for the construction of energy production facilities in the manner and subject to § 7-54-106 , the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21, or in accordance with any other law applicable to the issuer of such bonds for such purposes; provided, that, notwithstanding any contrary provisions of any such laws, bonds issued as authorized in this subsection (b) for energy production facilities may be sold at public sale or at private sale without advertisement as the issuer of such bonds shall determine.
(2) If such bonds or refunding bonds are issued by a not-for-profit corporation acting for the benefit of or on behalf of any one (1) or more counties, cities, towns, or local governments under this chapter, such bonds shall be sold at competitive bid or at a negotiated sale pursuant to this section. Prior to the adoption of any resolution of the board of the not-for-profit corporation 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, any such resolution or any such proposed contracts or other arrangements shall be subject to the approval of the comptroller of the treasury or the comptroller's designee and shall be subject to review by the state funding board. Any resolution of the not-for-profit corporation authorizing the sale of bonds, notes, or other obligations shall only become effective upon receiving the approval of the comptroller of the treasury or the comptroller's designee and the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting. This subdivision (b)(2) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census.
(c) With respect to the construction, financing, operation, or maintenance of an energy production facility or any contract authorized by § 7-54-105(a)(3) , a municipality has the power to enter into such contracts or agreements, as it shall determine to be necessary or beneficial, with any person, relating to the collection, delivery, sale, purchase, or disposal of solid waste and the output from an energy production facility, including, without limitation, output in the form of electricity, steam, fuel, residue, or otherwise. Notwithstanding any other law, any municipality or county has the power to enter into contracts or agreements with municipalities proceeding under this chapter providing for the collection, delivery, sale, purchase, or disposal of solid waste or the output from an energy production facility.
(d) In connection with the construction, financing, operation or maintenance of an energy production facility or any contract authorized by § 7-54-105(a)(3) , a municipality other than a power district is authorized to exercise exclusive jurisdiction and exclusive right to control the collection and disposal of solid waste within its boundaries. In furtherance of this subsection (d) and the energy and environmental objectives of this chapter, and title 68, chapter 211, any municipality, other than a power district, constructing, financing, operating or maintaining an energy production facility or entering into any contract authorized by § 7-54-105(a)(3) , or contracting with another municipality for the disposal of solid waste in whole or in part through, or by means of, such an energy production facility, is authorized to exercise exclusive jurisdiction and exclusive right to control the collection and disposal of solid waste within its boundaries and to take all necessary action to displace competition with regulation or a monopoly public service; provided, that no county shall be authorized to exercise such jurisdiction and right within the corporate limits of any incorporated city or town or metropolitan government; and provided, further, that manufacturing firms that hold state permits to dispose of or utilize their own solid wastes on plant property on April 27, 1981, shall not be subject to this chapter except by mutual agreement between plant management and the municipality. Such jurisdiction and right to control by a municipality may be exercised by ordinance, resolution, contract or otherwise.
(e) A municipality is authorized to establish, levy, and collect fees, rates, or charges in connection with: (1) The collection, delivery, sale, purchase, or disposal, whether at the site of an energy production facility, a landfill, or otherwise, of solid waste; and (2) The output from an energy production facility.
(1) The collection, delivery, sale, purchase, or disposal, whether at the site of an energy production facility, a landfill, or otherwise, of solid waste; and
(2) The output from an energy production facility.
(f) A municipality may pledge as security for the payment of the bonds authorized to be issued pursuant to this chapter, any revenues derived from or in connection with the construction, ownership, operation, financing, leasing or sale of any energy production facility, or the execution of any contract authorized by § 7-54-105(a)(3) , including, without limitation, revenues derived from or in connection with any fees, rates, charges, contracts, or agreements in connection with the collection, delivery, sale, purchase, or disposal, whether at the site of an energy production facility, a landfill, or otherwise, of solid waste and the output from an energy production facility and may also pledge the revenues from the sale of energy to pay bonds or loans issued under any municipal or other bond authority or any other state legislation permitting energy production facilities.
(g) Notwithstanding the limitations contained in any general statutory provisions granting municipalities the right of eminent domain or condemnation, for the purposes of this chapter, any municipality proceeding with the construction, operation, maintenance or management of an energy production facility, or executing any contract authorized by § 7-54-105(a)(3) is authorized and empowered, within its boundaries, to condemn any land, easement or rights-of-way, either on, under or above the ground, for any and all purposes necessary in connection with the construction, operation and maintenance of an energy production facility or improvement to such facility. Title to property so condemned shall be taken in the name of the municipality and may be thereafter conveyed to any not-for-profit corporation acting for or on behalf of such municipality. For purposes of this subsection (g), no county shall be authorized to exercise such right of eminent domain or condemnation within the corporate limits of any town, city or metropolitan government.
(h) The term of any contract or agreement authorized by this chapter may extend beyond the elected term of the members of the governing body of the municipality or county involved, but in no event may such term exceed forty (40) years.
(i) The construction, operation, jurisdiction, control, and management of any facility constructed as authorized in this section may be delegated by the municipality to any of its agencies, divisions, boards, or departments as it shall determine, and such agencies, divisions, boards, or departments are authorized, notwithstanding any of the provisions of the municipality's charter, to accept such delegation of jurisdiction, control, and management. Such functions may also be delegated by the municipality to any not-for-profit corporation acting for or on behalf of such municipality; provided, that, except in any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census, the site selection for an energy production facility may be delegated to any such not-for-profit corporation, but shall be subject to the approval by a two-thirds (2/3) vote of the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting prior to the purchase of any such site.
(j) Any municipality or county exercising, whether jointly or severally, any authority conferred upon it by this chapter, as amended, is hereby declared to be acting in furtherance of a public or governmental purpose.
(k) Provided, that such separation and disposition neither creates a public nuisance nor is otherwise injurious to the public health, welfare, and safety, nothing in this chapter shall prevent a person or business entity that generates or produces solid waste upon property owned, leased, or rented by such person or business entity to separate or cause to be separated recyclable materials from the solid waste while the solid waste is on such property and either to: (1) Maintain title to such recyclable materials for such person's or business entity's own use; or (2) Dispose of such recyclable materials by sale or gift.
(1) Maintain title to such recyclable materials for such person's or business entity's own use; or
(2) Dispose of such recyclable materials by sale or gift.
(l) Nothing in this chapter shall prevent a person from purchasing or receiving by gift recyclable materials for processing or other use separated and disposed of in strict accordance with subsection (k).
(m) (1) If such functions are delegated by the municipality to any not-for-profit corporation acting for or on behalf of such municipality, such corporation shall develop a uniform accounting system conforming to generally accepted accounting principles, which system shall be subject to approval by the comptroller of the treasury. (2) The annual report, including financial statements, and all books of account and financial records of such not-for-profit corporation shall be subject to audit by the comptroller of the treasury. The board of such corporation may, with the prior approval of the comptroller of the treasury, engage licensed independent public accountants to perform the audits. The audit contract between the corporation and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The corporation shall be responsible for reimbursement of the costs of audits prepared by the comptroller of the treasury and the payment of fees for audits prepared by licensed independent public accountants. Audits and working papers prepared by independent public accountants shall be subject to review and approval by the comptroller of the treasury prior to payment. Copies of such audits shall be provided to each member of the board, the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting, and the comptroller of the treasury, and shall be made available to the press. (3) The board of directors of the not-for-profit corporation shall develop purchasing, contracting, and personnel procedures, which shall be subject to approval by the comptroller of the treasury and the commissioner of finance and administration prior to implementation. (4) This subsection (m) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census.
(1) If such functions are delegated by the municipality to any not-for-profit corporation acting for or on behalf of such municipality, such corporation shall develop a uniform accounting system conforming to generally accepted accounting principles, which system shall be subject to approval by the comptroller of the treasury.
(2) The annual report, including financial statements, and all books of account and financial records of such not-for-profit corporation shall be subject to audit by the comptroller of the treasury. The board of such corporation may, with the prior approval of the comptroller of the treasury, engage licensed independent public accountants to perform the audits. The audit contract between the corporation and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The corporation shall be responsible for reimbursement of the costs of audits prepared by the comptroller of the treasury and the payment of fees for audits prepared by licensed independent public accountants. Audits and working papers prepared by independent public accountants shall be subject to review and approval by the comptroller of the treasury prior to payment. Copies of such audits shall be provided to each member of the board, the legislative bodies of the city and the county in which such city is located for whom or on whose behalf such not-for-profit corporation is acting, and the comptroller of the treasury, and shall be made available to the press.
(3) The board of directors of the not-for-profit corporation shall develop purchasing, contracting, and personnel procedures, which shall be subject to approval by the comptroller of the treasury and the commissioner of finance and administration prior to implementation.
(4) This subsection (m) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census.
Acts 1975, ch. 204, § 3; T.C.A., § 6-1333; Acts 1981, ch. 204, §§ 3-5; 1982, ch. 624, §§ 4, 5; 1983, ch. 226, §§ 2, 6, 8; 1987, ch. 82, §§ 1-3; 1987, ch. 250, §§ 3-6; 1988, ch. 750, §§ 32, 33; 1988, ch. 908, §§ 1, 5, 7, 8; 2010, ch. 868, § 21.
Tenn. Code Ann. § 7-21-303 — TN Code / Title 7 / Chapter 21 / Section 7-21-303
Smaller cities - Utility services
Status: in_force

(a) (1) Notwithstanding anything in this part to the contrary, no unified government may take over, assume or acquire any powers, rights, obligations, duties and privileges with respect to any utility service created, authorized or owned by a smaller city not electing to merge into the unified government, unless and until the legislative body of such smaller city expressly consents to the acquisition by the unified government. (2) Express consent shall be evidenced by the execution by the smaller city of a franchise agreement granting to the service provider rights and authority within the boundary of the smaller city, subject to such terms and conditions as may mutually be agreed upon between the smaller city and service provider. (b) (1) Notwithstanding anything in this part to the contrary, in the event that a unified government shall take over, assume or acquire by any means the assets, property or rights of any utility district located within the county of the unified government and any of such assets, property or rights are located within or relate to any smaller city not electing to unify, the smaller city shall have the right and option to acquire such assets, property or rights as are located within or relate to, or that reasonably and economically cannot be separated from such assets and property, as are located within the smaller city upon assumption by the smaller city of the debts, obligations and liabilities reasonably incurred or related to such property, assets or rights. (2) If the parties are not in agreement in writing within sixty (60) days after acquisition by the unified government, the matters upon which agreement have not been reached shall be settled by arbitration in accordance with the law of arbitration of the state of Tennessee effective at the time of submission to the arbitrators, except that § 29-5-101(2) shall not apply to any arbitration under this section. (3) The award so rendered shall be transmitted to the chancery court of the county of the unified government and then shall be subject to review in accordance with §§ 29-5-113 , 29-5-115 , and 29-5-118 . Acts 1991, ch. 497, § 303.
(a) (1) Notwithstanding anything in this part to the contrary, no unified government may take over, assume or acquire any powers, rights, obligations, duties and privileges with respect to any utility service created, authorized or owned by a smaller city not electing to merge into the unified government, unless and until the legislative body of such smaller city expressly consents to the acquisition by the unified government. (2) Express consent shall be evidenced by the execution by the smaller city of a franchise agreement granting to the service provider rights and authority within the boundary of the smaller city, subject to such terms and conditions as may mutually be agreed upon between the smaller city and service provider.
(1) Notwithstanding anything in this part to the contrary, no unified government may take over, assume or acquire any powers, rights, obligations, duties and privileges with respect to any utility service created, authorized or owned by a smaller city not electing to merge into the unified government, unless and until the legislative body of such smaller city expressly consents to the acquisition by the unified government.
(2) Express consent shall be evidenced by the execution by the smaller city of a franchise agreement granting to the service provider rights and authority within the boundary of the smaller city, subject to such terms and conditions as may mutually be agreed upon between the smaller city and service provider.
(b) (1) Notwithstanding anything in this part to the contrary, in the event that a unified government shall take over, assume or acquire by any means the assets, property or rights of any utility district located within the county of the unified government and any of such assets, property or rights are located within or relate to any smaller city not electing to unify, the smaller city shall have the right and option to acquire such assets, property or rights as are located within or relate to, or that reasonably and economically cannot be separated from such assets and property, as are located within the smaller city upon assumption by the smaller city of the debts, obligations and liabilities reasonably incurred or related to such property, assets or rights. (2) If the parties are not in agreement in writing within sixty (60) days after acquisition by the unified government, the matters upon which agreement have not been reached shall be settled by arbitration in accordance with the law of arbitration of the state of Tennessee effective at the time of submission to the arbitrators, except that § 29-5-101(2) shall not apply to any arbitration under this section. (3) The award so rendered shall be transmitted to the chancery court of the county of the unified government and then shall be subject to review in accordance with §§ 29-5-113 , 29-5-115 , and 29-5-118 .
(1) Notwithstanding anything in this part to the contrary, in the event that a unified government shall take over, assume or acquire by any means the assets, property or rights of any utility district located within the county of the unified government and any of such assets, property or rights are located within or relate to any smaller city not electing to unify, the smaller city shall have the right and option to acquire such assets, property or rights as are located within or relate to, or that reasonably and economically cannot be separated from such assets and property, as are located within the smaller city upon assumption by the smaller city of the debts, obligations and liabilities reasonably incurred or related to such property, assets or rights.
(2) If the parties are not in agreement in writing within sixty (60) days after acquisition by the unified government, the matters upon which agreement have not been reached shall be settled by arbitration in accordance with the law of arbitration of the state of Tennessee effective at the time of submission to the arbitrators, except that § 29-5-101(2) shall not apply to any arbitration under this section.
(3) The award so rendered shall be transmitted to the chancery court of the county of the unified government and then shall be subject to review in accordance with §§ 29-5-113 , 29-5-115 , and 29-5-118 .
Acts 1991, ch. 497, § 303.
Tenn. Code Ann. § 7-51-1108 — TN Code / Title 7 / Chapter 51 / Section 7-51-1108
Injunctions - Contempt
Status: in_force

(a) The board has the power and authority to enter into any court of the state of Tennessee having proper jurisdiction to seek an injunction against any person or adult-oriented establishment not in compliance with this part, and is further empowered to enter into any such court to enforce this part in order to ensure compliance with such provisions. (b) Any violation of an injunction obtained under this section is contempt with a fine of fifty dollars ($50.00). (c) Each day in contempt of such injunction is considered a separate offense. (d) The circuit, chancery, or criminal courts of this state and the chancellors and judges of the courts shall have full power, authority, and jurisdiction, upon application by sworn detailed petition filed by the board within their respective jurisdictions, to issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce this part. Acts 1987, ch. 432, § 8; 1998, ch. 1090, § 1.
(a) The board has the power and authority to enter into any court of the state of Tennessee having proper jurisdiction to seek an injunction against any person or adult-oriented establishment not in compliance with this part, and is further empowered to enter into any such court to enforce this part in order to ensure compliance with such provisions.
(b) Any violation of an injunction obtained under this section is contempt with a fine of fifty dollars ($50.00).
(c) Each day in contempt of such injunction is considered a separate offense.
(d) The circuit, chancery, or criminal courts of this state and the chancellors and judges of the courts shall have full power, authority, and jurisdiction, upon application by sworn detailed petition filed by the board within their respective jurisdictions, to issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce this part.
Acts 1987, ch. 432, § 8; 1998, ch. 1090, § 1.
Tenn. Code Ann. § 7-84-708 — TN Code / Title 7 / Chapter 84 / Section 7-84-708
Conflicts of laws
Status: in_force

In the event of conflict between this part and another law of this state, this part governs. Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
In the event of conflict between this part and another law of this state, this part governs.
Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 7-83-304 — TN Code / Title 7 / Chapter 83 / Section 7-83-304
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013. C. Supp. 1950, § 3708.54; T.C.A. (orig. ed.), § 6-2712.
Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013.
C. Supp. 1950, § 3708.54; T.C.A. (orig. ed.), § 6-2712.
Tenn. Code Ann. § 7-36-113 — TN Code / Title 7 / Chapter 36 / Section 7-36-113
Issuance of bonds - Proceeds of sale of bonds - Approval of bonds - Balanced annual operating budgets
Status: in_force

(a) The authority shall have power and is authorized to issue its bonds for the construction, acquisition, reconstruction, improvement, betterment, or extension of any system of the authority or to assume and to agree to pay any indebtedness incurred for any of the foregoing purposes. The proceeds of the sale of any bonds may be applied to: (1) The payment of the costs of such construction, acquisition, reconstruction, improvement, betterment, or extension; (2) The payment of the costs associated with any such construction, acquisition, reconstruction, improvement, betterment, or extension, including engineering, architectural, inspection, legal, and accounting expenses; (3) The payment of the costs of issuance of such bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal, and other similar expenses; (4) The payment of interest during the period of construction and for six (6) months thereafter on any money borrowed or estimated to be borrowed; (5) Reimbursement of the authority for moneys previously spent by the authority for any of the purposes described in subdivisions (a)(1)-(4); (6) The establishment of reasonable reserves for the payment of debt service on such bonds, or for repair and replacement to the system of the authority for whose benefit the financing is being undertaken, or for such other purposes as the board deems necessary in connection with the issuance of any bonds and operation of the system for whose benefit the financing is being undertaken; (7) The contribution of the authority's share of the funding for any joint undertaking for the purposes set forth in this subsection (a); and (8) The contribution by the authority to any subsidiary or separate entity controlled by the authority for the purposes set forth in this subsection (a). (b) The authority shall have the power and is authorized to issue its bonds to refund and refinance outstanding bonds of the authority hereafter issued or lawfully assumed by the authority. The proceeds of the sale of the bonds may be applied to: (1) The payment of the principal amount of the bonds being refunded and refinanced; (2) The payment of the redemption premium thereon, if any; (3) 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) 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; (5) The payment of the costs of issuance of the refunding bonds, including underwriter's discount, financial advisory fee, 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 (6) The establishment of reasonable reserves for the payment of debt service on the refunding bonds, or for repair and replacement to the system of the authority for whose benefit the financing is being undertaken, or for such other purposes as shall be deemed necessary in connection with the issuance of the refunding bonds and operation of the system for whose benefit the financing is being undertaken. Refunding bonds may be issued to refinance and refund more than one (1) issue of outstanding bonds, notwithstanding that such 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. (c) The authority shall have the power and is authorized to issue its bonds to retire all bonds of the associated municipality issued to finance or refinance any of the systems, and, to the extent permitted by contracts with any of the owners of the municipal bonds, to assume and agree to pay when due the municipal bonds, retire the municipal bonds, or deposit in escrow funds sufficient, together with earnings thereon, to retire the municipal bonds at maturity or upon redemption. The proceeds of such bonds may be used in the same manner and to the same extent as permitted under subsection (b). (d) The authority has the power and is authorized to issue notes in anticipation of the collection of revenues from the system for whose benefit the financing is undertaken for the purpose of financing electrical power purchases, including transmission costs, storage costs, and pipeline capacity costs. Any such notes must be secured solely by a pledge of, and lien on, the revenues of the system for whose benefit the financing is undertaken. The principal amount of notes that may be issued during any twelve-month period must not exceed sixty percent (60%) of total electrical power purchases for the same period, and all notes issued during such period must be retired and paid in full on, or before, the end of such period. The notes must be sold in such manner, at such price, and upon such terms and conditions as may be determined by the board. No notes shall be issued under this subsection (d) unless the electric system has positive retained earnings as shown in the most recent audited financial statements of the system, and the system has produced positive net income in at least one (1) fiscal year out of the three (3) fiscal years next preceding the issuance of the notes as shown on the audited financial statements of the system. No notes issued under this subsection (d) shall be issued without first being approved by the comptroller of the treasury. If revenues of such system are insufficient to pay all such notes at maturity, any unpaid notes may be renewed one (1) time for a period not to exceed one (1) year or otherwise liquidated as approved by the comptroller of the treasury. (e) The authority shall have the power and is authorized to issue its bonds to finance in whole or in part the cost of the acquisition of electrical power purchased from the Tennessee valley authority on a current or long-term prepaid purchase basis and pledge to the punctual payment of any such bonds and interest thereon its rights in such contracts and an amount of the revenues from its electric system, or of any part of such system, sufficient to pay the bonds and interest as the same shall become due and create and maintain reasonable reserves therefor. Such amount shall consist of all or any part or portion of such revenue; and the board in determining the cost of the acquisition of electrical power under this subsection (e) may include all costs and estimated costs of the issuance of the bonds, and all engineering, inspection, fiscal, and legal expenses. (f) Bonds issued under this section as a part of an issue the last maturity of which is not later than five (5) years following the date of issue shall be issued, and referred to, as notes. (g) (1) An authority, whether created pursuant to this chapter or another public or private act, shall not issue a bond, or a note other than a note issued in anticipation of the collection of revenues, as authorized by this chapter or the public or private act creating the authority, until the resolution authorizing the issuance of the bond or note is submitted to the comptroller of the treasury, or the comptroller of the treasury's designee, for review, together with a statement as of the beginning of the then current fiscal year, which must show: (A) The authority's total outstanding bonds, notes, warrants, refunding bonds, and other forms of indebtedness; (B) The maturity dates of the bonds, notes, warrants, refunding bonds, other forms of indebtedness, interest rates, and special provisions for payment; (C) The project to be funded by the bonds or notes; and (D) The current operating financial statement of the authority and other pertinent financial information. (2) The comptroller of the treasury, or the comptroller's designee, shall immediately acknowledge, in writing, receipt of the proposed bond or note issue statement and information. (3) (A) The comptroller of the treasury, or the comptroller's designee, shall, within fifteen (15) days from the date the proposed bond or note issue statement and information is received by the comptroller of the treasury, or the comptroller's designee, issue a report on the proposal to the authority. In addition, the report must: (i) Be published on the authority's website during the week following the report's receipt; and (ii) Be made a part of the bond transcript. (B) The authority may take an action with reference to the proposed bond or note issue as it deems advisable after: (i) (a) Receipt of the report of the comptroller of the treasury, or the comptroller's designee; and (b) Publication of the report made in accordance with subdivision (g)(3)(A); or (ii) Expiration of fifteen (15) days from the date that the proposed bond or note issue was received by the comptroller of the treasury, or the comptroller's designee, whichever is earlier. (h) A provision of this section related to the review or approval of a bond or note issued by the comptroller of the treasury, or the comptroller's designee, or another state agency, does not apply when the bond or other evidence of indebtedness of the authority is to be purchased, or the loan is to be made, by the farmers home administration or another direct lending department of the federal government. (i) (1) Prior to the beginning of the fiscal year, an authority shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (A) Based upon historical operating results and reasonably anticipated future operations; and (B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee. (2) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (3) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (4) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (5) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions. Amended by 2023 Tenn. Acts, ch. 463, s 4, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 446, s 14, eff. 5/25/2017. Added by 2016 Tenn. Acts, ch. 995, s 1, eff. 4/27/2016.
(a) The authority shall have power and is authorized to issue its bonds for the construction, acquisition, reconstruction, improvement, betterment, or extension of any system of the authority or to assume and to agree to pay any indebtedness incurred for any of the foregoing purposes. The proceeds of the sale of any bonds may be applied to: (1) The payment of the costs of such construction, acquisition, reconstruction, improvement, betterment, or extension; (2) The payment of the costs associated with any such construction, acquisition, reconstruction, improvement, betterment, or extension, including engineering, architectural, inspection, legal, and accounting expenses; (3) The payment of the costs of issuance of such bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal, and other similar expenses; (4) The payment of interest during the period of construction and for six (6) months thereafter on any money borrowed or estimated to be borrowed; (5) Reimbursement of the authority for moneys previously spent by the authority for any of the purposes described in subdivisions (a)(1)-(4); (6) The establishment of reasonable reserves for the payment of debt service on such bonds, or for repair and replacement to the system of the authority for whose benefit the financing is being undertaken, or for such other purposes as the board deems necessary in connection with the issuance of any bonds and operation of the system for whose benefit the financing is being undertaken; (7) The contribution of the authority's share of the funding for any joint undertaking for the purposes set forth in this subsection (a); and (8) The contribution by the authority to any subsidiary or separate entity controlled by the authority for the purposes set forth in this subsection (a).
(1) The payment of the costs of such construction, acquisition, reconstruction, improvement, betterment, or extension;
(2) The payment of the costs associated with any such construction, acquisition, reconstruction, improvement, betterment, or extension, including engineering, architectural, inspection, legal, and accounting expenses;
(3) The payment of the costs of issuance of such bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal, and other similar expenses;
(4) The payment of interest during the period of construction and for six (6) months thereafter on any money borrowed or estimated to be borrowed;
(5) Reimbursement of the authority for moneys previously spent by the authority for any of the purposes described in subdivisions (a)(1)-(4);
(6) The establishment of reasonable reserves for the payment of debt service on such bonds, or for repair and replacement to the system of the authority for whose benefit the financing is being undertaken, or for such other purposes as the board deems necessary in connection with the issuance of any bonds and operation of the system for whose benefit the financing is being undertaken;
(7) The contribution of the authority's share of the funding for any joint undertaking for the purposes set forth in this subsection (a); and
(8) The contribution by the authority to any subsidiary or separate entity controlled by the authority for the purposes set forth in this subsection (a).
(b) The authority shall have the power and is authorized to issue its bonds to refund and refinance outstanding bonds of the authority hereafter issued or lawfully assumed by the authority. The proceeds of the sale of the bonds may be applied to: (1) The payment of the principal amount of the bonds being refunded and refinanced; (2) The payment of the redemption premium thereon, if any; (3) 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) 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; (5) The payment of the costs of issuance of the refunding bonds, including underwriter's discount, financial advisory fee, 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 (6) The establishment of reasonable reserves for the payment of debt service on the refunding bonds, or for repair and replacement to the system of the authority for whose benefit the financing is being undertaken, or for such other purposes as shall be deemed necessary in connection with the issuance of the refunding bonds and operation of the system for whose benefit the financing is being undertaken. Refunding bonds may be issued to refinance and refund more than one (1) issue of outstanding bonds, notwithstanding that such 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.
(1) The payment of the principal amount of the bonds being refunded and refinanced;
(2) The payment of the redemption premium thereon, if any;
(3) 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) 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;
(5) The payment of the costs of issuance of the refunding bonds, including underwriter's discount, financial advisory fee, 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
(6) The establishment of reasonable reserves for the payment of debt service on the refunding bonds, or for repair and replacement to the system of the authority for whose benefit the financing is being undertaken, or for such other purposes as shall be deemed necessary in connection with the issuance of the refunding bonds and operation of the system for whose benefit the financing is being undertaken. Refunding bonds may be issued to refinance and refund more than one (1) issue of outstanding bonds, notwithstanding that such 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.
(c) The authority shall have the power and is authorized to issue its bonds to retire all bonds of the associated municipality issued to finance or refinance any of the systems, and, to the extent permitted by contracts with any of the owners of the municipal bonds, to assume and agree to pay when due the municipal bonds, retire the municipal bonds, or deposit in escrow funds sufficient, together with earnings thereon, to retire the municipal bonds at maturity or upon redemption. The proceeds of such bonds may be used in the same manner and to the same extent as permitted under subsection (b).
(d) The authority has the power and is authorized to issue notes in anticipation of the collection of revenues from the system for whose benefit the financing is undertaken for the purpose of financing electrical power purchases, including transmission costs, storage costs, and pipeline capacity costs. Any such notes must be secured solely by a pledge of, and lien on, the revenues of the system for whose benefit the financing is undertaken. The principal amount of notes that may be issued during any twelve-month period must not exceed sixty percent (60%) of total electrical power purchases for the same period, and all notes issued during such period must be retired and paid in full on, or before, the end of such period. The notes must be sold in such manner, at such price, and upon such terms and conditions as may be determined by the board. No notes shall be issued under this subsection (d) unless the electric system has positive retained earnings as shown in the most recent audited financial statements of the system, and the system has produced positive net income in at least one (1) fiscal year out of the three (3) fiscal years next preceding the issuance of the notes as shown on the audited financial statements of the system. No notes issued under this subsection (d) shall be issued without first being approved by the comptroller of the treasury. If revenues of such system are insufficient to pay all such notes at maturity, any unpaid notes may be renewed one (1) time for a period not to exceed one (1) year or otherwise liquidated as approved by the comptroller of the treasury.
(e) The authority shall have the power and is authorized to issue its bonds to finance in whole or in part the cost of the acquisition of electrical power purchased from the Tennessee valley authority on a current or long-term prepaid purchase basis and pledge to the punctual payment of any such bonds and interest thereon its rights in such contracts and an amount of the revenues from its electric system, or of any part of such system, sufficient to pay the bonds and interest as the same shall become due and create and maintain reasonable reserves therefor. Such amount shall consist of all or any part or portion of such revenue; and the board in determining the cost of the acquisition of electrical power under this subsection (e) may include all costs and estimated costs of the issuance of the bonds, and all engineering, inspection, fiscal, and legal expenses.
(f) Bonds issued under this section as a part of an issue the last maturity of which is not later than five (5) years following the date of issue shall be issued, and referred to, as notes.
(g) (1) An authority, whether created pursuant to this chapter or another public or private act, shall not issue a bond, or a note other than a note issued in anticipation of the collection of revenues, as authorized by this chapter or the public or private act creating the authority, until the resolution authorizing the issuance of the bond or note is submitted to the comptroller of the treasury, or the comptroller of the treasury's designee, for review, together with a statement as of the beginning of the then current fiscal year, which must show: (A) The authority's total outstanding bonds, notes, warrants, refunding bonds, and other forms of indebtedness; (B) The maturity dates of the bonds, notes, warrants, refunding bonds, other forms of indebtedness, interest rates, and special provisions for payment; (C) The project to be funded by the bonds or notes; and (D) The current operating financial statement of the authority and other pertinent financial information. (2) The comptroller of the treasury, or the comptroller's designee, shall immediately acknowledge, in writing, receipt of the proposed bond or note issue statement and information. (3) (A) The comptroller of the treasury, or the comptroller's designee, shall, within fifteen (15) days from the date the proposed bond or note issue statement and information is received by the comptroller of the treasury, or the comptroller's designee, issue a report on the proposal to the authority. In addition, the report must: (i) Be published on the authority's website during the week following the report's receipt; and (ii) Be made a part of the bond transcript. (B) The authority may take an action with reference to the proposed bond or note issue as it deems advisable after: (i) (a) Receipt of the report of the comptroller of the treasury, or the comptroller's designee; and (b) Publication of the report made in accordance with subdivision (g)(3)(A); or (ii) Expiration of fifteen (15) days from the date that the proposed bond or note issue was received by the comptroller of the treasury, or the comptroller's designee, whichever is earlier.
(1) An authority, whether created pursuant to this chapter or another public or private act, shall not issue a bond, or a note other than a note issued in anticipation of the collection of revenues, as authorized by this chapter or the public or private act creating the authority, until the resolution authorizing the issuance of the bond or note is submitted to the comptroller of the treasury, or the comptroller of the treasury's designee, for review, together with a statement as of the beginning of the then current fiscal year, which must show: (A) The authority's total outstanding bonds, notes, warrants, refunding bonds, and other forms of indebtedness; (B) The maturity dates of the bonds, notes, warrants, refunding bonds, other forms of indebtedness, interest rates, and special provisions for payment; (C) The project to be funded by the bonds or notes; and (D) The current operating financial statement of the authority and other pertinent financial information.
(A) The authority's total outstanding bonds, notes, warrants, refunding bonds, and other forms of indebtedness;
(B) The maturity dates of the bonds, notes, warrants, refunding bonds, other forms of indebtedness, interest rates, and special provisions for payment;
(C) The project to be funded by the bonds or notes; and
(D) The current operating financial statement of the authority and other pertinent financial information.
(2) The comptroller of the treasury, or the comptroller's designee, shall immediately acknowledge, in writing, receipt of the proposed bond or note issue statement and information.
(3) (A) The comptroller of the treasury, or the comptroller's designee, shall, within fifteen (15) days from the date the proposed bond or note issue statement and information is received by the comptroller of the treasury, or the comptroller's designee, issue a report on the proposal to the authority. In addition, the report must: (i) Be published on the authority's website during the week following the report's receipt; and (ii) Be made a part of the bond transcript. (B) The authority may take an action with reference to the proposed bond or note issue as it deems advisable after: (i) (a) Receipt of the report of the comptroller of the treasury, or the comptroller's designee; and (b) Publication of the report made in accordance with subdivision (g)(3)(A); or (ii) Expiration of fifteen (15) days from the date that the proposed bond or note issue was received by the comptroller of the treasury, or the comptroller's designee, whichever is earlier.
(A) The comptroller of the treasury, or the comptroller's designee, shall, within fifteen (15) days from the date the proposed bond or note issue statement and information is received by the comptroller of the treasury, or the comptroller's designee, issue a report on the proposal to the authority. In addition, the report must: (i) Be published on the authority's website during the week following the report's receipt; and (ii) Be made a part of the bond transcript.
(i) Be published on the authority's website during the week following the report's receipt; and
(ii) Be made a part of the bond transcript.
(B) The authority may take an action with reference to the proposed bond or note issue as it deems advisable after: (i) (a) Receipt of the report of the comptroller of the treasury, or the comptroller's designee; and (b) Publication of the report made in accordance with subdivision (g)(3)(A); or (ii) Expiration of fifteen (15) days from the date that the proposed bond or note issue was received by the comptroller of the treasury, or the comptroller's designee, whichever is earlier.
(i) (a) Receipt of the report of the comptroller of the treasury, or the comptroller's designee; and (b) Publication of the report made in accordance with subdivision (g)(3)(A); or
(a) Receipt of the report of the comptroller of the treasury, or the comptroller's designee; and
(b) Publication of the report made in accordance with subdivision (g)(3)(A); or
(ii) Expiration of fifteen (15) days from the date that the proposed bond or note issue was received by the comptroller of the treasury, or the comptroller's designee, whichever is earlier.
(h) A provision of this section related to the review or approval of a bond or note issued by the comptroller of the treasury, or the comptroller's designee, or another state agency, does not apply when the bond or other evidence of indebtedness of the authority is to be purchased, or the loan is to be made, by the farmers home administration or another direct lending department of the federal government.
(i) (1) Prior to the beginning of the fiscal year, an authority shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (A) Based upon historical operating results and reasonably anticipated future operations; and (B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee. (2) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (3) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (4) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (5) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(1) Prior to the beginning of the fiscal year, an authority shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (A) Based upon historical operating results and reasonably anticipated future operations; and (B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee.
(A) Based upon historical operating results and reasonably anticipated future operations; and
(B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee.
(2) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval.
(3) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable.
(4) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee.
(5) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
Amended by 2023 Tenn. Acts, ch. 463, s 4, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 446, s 14, eff. 5/25/2017.
Added by 2016 Tenn. Acts, ch. 995, s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-83-404 — TN Code / Title 7 / Chapter 83 / Section 7-83-404
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013. Acts 1935 (Ex. Sess.), ch. 4, § 10; C. Supp. 1950, § 3708.56 (Williams, § 3708.59); modified; T.C.A. (orig. ed.), § 6-2719.
Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013.
Acts 1935 (Ex. Sess.), ch. 4, § 10; C. Supp. 1950, § 3708.56 (Williams, § 3708.59); modified; T.C.A. (orig. ed.), § 6-2719.
Tenn. Code Ann. § 7-64-203 — TN Code / Title 7 / Chapter 64 / Section 7-64-203
[For contingent amendment, see the Compiler's Notes.] Determining income limitation
Status: in_force

Any taxpayer who owns residential property as such taxpayer's principal place of residence, whose combined annual income from all sources is less than twelve thousand dollars ($12,000), or in the event of a married couple or in the event more than one (1) person is living permanently in the principal residence, this limitation of twelve thousand dollars ($12,000) on income from all sources shall apply to the combined income of both the husband and wife and/or all family members residing in the residence. Acts 1980, ch. 659, § 3; 1998, ch. 802, § 2.
Any taxpayer who owns residential property as such taxpayer's principal place of residence, whose combined annual income from all sources is less than twelve thousand dollars ($12,000), or in the event of a married couple or in the event more than one (1) person is living permanently in the principal residence, this limitation of twelve thousand dollars ($12,000) on income from all sources shall apply to the combined income of both the husband and wife and/or all family members residing in the residence.
Acts 1980, ch. 659, § 3; 1998, ch. 802, § 2.
Tenn. Code Ann. § 7-82-604 — TN Code / Title 7 / Chapter 82 / Section 7-82-604
Terms of commissioners
Status: in_force

In cases where more than three (3) commissioners are nominated under this chapter, such commissioners shall be appointed for terms of two (2), three (3) and four (4) years, the number of commissioners appointed for each such term to be as nearly equal as possible. Acts 1955, ch. 275, § 1; T.C.A., § 6-2631.
In cases where more than three (3) commissioners are nominated under this chapter, such commissioners shall be appointed for terms of two (2), three (3) and four (4) years, the number of commissioners appointed for each such term to be as nearly equal as possible.
Acts 1955, ch. 275, § 1; T.C.A., § 6-2631.
Tenn. Code Ann. § 7-90-104 — TN Code / Title 7 / Chapter 90 / Section 7-90-104
Filing application for permission to apply for medical school authority - Filing a charter
Status: in_force

Any number of natural persons, not fewer than three (3), each of whom are duly qualified voters of the municipality, may file with the governing body of the municipality an application in writing seeking permission to apply for the incorporation of a medical school authority of such municipality. If the governing body, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that the authority be formed, authorizes the persons making such application to proceed to form such authority and approves the form of corporate charter proposed to be used in organizing the authority, then the persons making such application shall execute, acknowledge and file a charter for the authority as provided in § 7-90-106 . No authority may be formed unless such application has first been filed with the governing body of the municipality and the governing body has adopted a resolution as provided in this section. Acts 2010, ch. 1078, § 1.
Any number of natural persons, not fewer than three (3), each of whom are duly qualified voters of the municipality, may file with the governing body of the municipality an application in writing seeking permission to apply for the incorporation of a medical school authority of such municipality. If the governing body, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that the authority be formed, authorizes the persons making such application to proceed to form such authority and approves the form of corporate charter proposed to be used in organizing the authority, then the persons making such application shall execute, acknowledge and file a charter for the authority as provided in § 7-90-106 . No authority may be formed unless such application has first been filed with the governing body of the municipality and the governing body has adopted a resolution as provided in this section.
Acts 2010, ch. 1078, § 1.
Tenn. Code Ann. § 7-84-622 — TN Code / Title 7 / Chapter 84 / Section 7-84-622
Apportionment of assessments
Status: in_force

(a) The governing body of the municipality shall annually determine the total costs and expenses to be paid from the special assessments and shall annually apportion such costs and expenses upon the various properties located within the district in accordance with the benefits conferred upon the various properties. (b) In determining the benefits to each lot or parcel of property within the district, the governing body may consider any of the following factors: square footage, front footage, assessed value, type of use, business classification, property location, zones of benefit or a combination of such factors. (c) The fact that assessments may be spread uniformly over a large area within the district shall not be conclusive that such assessment was arbitrarily made. (d) Special assessments shall be imposed and collected annually, or on another basis specified in the ordinance establishing the inner-city redevelopment district. (e) Changes may be made in the rate or additional rate of the special assessment as specified in the ordinance establishing the district. (f) The governing body must hold a public hearing to change the rate or impose an additional rate of special assessment. Acts 2003, ch. 195, § 1.
(a) The governing body of the municipality shall annually determine the total costs and expenses to be paid from the special assessments and shall annually apportion such costs and expenses upon the various properties located within the district in accordance with the benefits conferred upon the various properties.
(b) In determining the benefits to each lot or parcel of property within the district, the governing body may consider any of the following factors: square footage, front footage, assessed value, type of use, business classification, property location, zones of benefit or a combination of such factors.
(c) The fact that assessments may be spread uniformly over a large area within the district shall not be conclusive that such assessment was arbitrarily made.
(d) Special assessments shall be imposed and collected annually, or on another basis specified in the ordinance establishing the inner-city redevelopment district.
(e) Changes may be made in the rate or additional rate of the special assessment as specified in the ordinance establishing the district.
(f) The governing body must hold a public hearing to change the rate or impose an additional rate of special assessment.
Acts 2003, ch. 195, § 1.
Tenn. Code Ann. § 7-32-130 — TN Code / Title 7 / Chapter 32 / Section 7-32-130
Entries in assessment book - Copies
Status: in_force

The special assessment book referred to in § 7-32-129 shall be a book of original entries for any and all purposes, and certified copies of the entries shall be competent evidence in all cases in all the courts. Acts 1913 (1st Ex. Sess.), ch. 18, § 16; Shan., § 1991a64; Code 1932, § 3471; T.C.A. (orig. ed.), § 6-1130.
The special assessment book referred to in § 7-32-129 shall be a book of original entries for any and all purposes, and certified copies of the entries shall be competent evidence in all cases in all the courts.
Acts 1913 (1st Ex. Sess.), ch. 18, § 16; Shan., § 1991a64; Code 1932, § 3471; T.C.A. (orig. ed.), § 6-1130.
Tenn. Code Ann. § 7-2-108 — TN Code / Title 7 / Chapter 2 / Section 7-2-108
Metropolitan charters - Contents - Removal of members of boards, commissions or authorities
Status: in_force

(a) The proposed metropolitan charter shall provide: (1) For the creation of a metropolitan government vested with: (A) Any and all powers that cities are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter; and (B) Any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter; (2) That the territory embraced in the metropolitan government shall be the total area of the county; (3) The name of the metropolitan government, which name may be: (A) The name of the principal city followed by the words "metropolitan government"; (B) The name of the county followed by the words "metropolitan government"; (C) A compound word consisting of the name of the principal city of the county, followed by the words "metropolitan government"; or (D) Such other name as the charter commission shall deem historically and geographically appropriate; (4) That the metropolitan government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of property, real and personal, to the same extent as other governmental entities; (5) For two (2) service districts within the geographical limits of the metropolitan government, a general services district and an urban services district, as to both of which districts the metropolitan government shall have jurisdiction and authority. The general services district shall consist of the total area of the county. The urban services district shall consist originally of the total area of the principal city at the time of the filing of the proposed charter with the county election commission, together with such area of any smaller cities as may be specified in an appendix duly ratified and adopted under § 7-2-107 . In the event additional territory has been added to the principal city by annexation, effective subsequent to the creation of a charter commission or subsequent to the time of the filing of the proposed charter, the metropolitan council is hereby authorized, and it shall be its duty to remove from the total area of the urban services district such areas of the principal city as to which the metropolitan government will not be able to provide substantial urban services within a reasonable period, that shall not be greater than one (1) year after ad valorem taxes in the annexed area become due, and which shall specifically include sanitary sewers within a period that shall not be greater than thirty-six (36) months after ad valorem taxes in the annexed area become due; (6) That the area of the urban services district may be expanded and its territorial limits extended by annexation whenever particular areas of the general services district come to need urban services and the metropolitan government becomes able to provide such service within a reasonable period. The annexation shall be under provisions and limitations specified in the charter, consistent with those provided by §§ 6-51-101 - 6-51-106; (7) For the functions of the metropolitan government that shall be performed throughout the entire general services district and the governmental services that shall be rendered in such district; (8) That the tax levy for the general services district shall be set so as to be sufficient, with other available funds and grants, to defray the cost of all governmental services that are provided generally throughout or on behalf of such district; (9) For the functions of the metropolitan government that shall be performed within the urban services district and the governmental services that shall be rendered in such district; (10) That the tax levy for the urban services district shall be set so as to be sufficient, with other available funds and grants, to defray the cost of municipal-type governmental services that are provided within such district; (11) For a metropolitan council, which shall be the legislative body of the metropolitan government and shall be given all the authority and functions of the governing bodies of the county and cities being consolidated, with such exceptions and with such additional authority as may be specified elsewhere in chapters 1-6 of this title; (12) For the size, method of election, qualification for holding office, method of removal, term of office and procedures of the metropolitan council, with such other provisions with respect to the council as are normally related to the organization, powers and duties of governing bodies in cities and counties; (13) For the assignment of administrative and executive functions to officers of the metropolitan government, which officers may be given, subject to such limitations as may be deemed appropriate, all or any part of the administrative and executive functions possessed by the county and cities being consolidated and such additional powers and duties, not inconsistent with general law, as may be deemed necessary or appropriate for the metropolitan government; (14) For the names or titles of the administrative and executive officers of the metropolitan government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the metropolitan government; (15) That the urban services district shall be and constitute a municipal corporation with a three-member urban council, whose sole function shall be a mandatory obligation to levy a property tax adequate with other available funds to finance the budget for urban services, as determined by the metropolitan council. The proposed metropolitan charter shall provide the method of selecting the urban council; (16) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the consolidated functions of city and county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing city and county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in chapters 1-6 of this title or prohibited by the Constitution of Tennessee; (17) For the maintenance and administration of an effective civil service system, and also for the consolidation of county and city employees' retirement and pension systems and the regulation of such consolidated system; provided, that nothing in chapters 1-6 of this title or in a charter adopted pursuant to those provisions shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county and city employees' retirement and pension systems; (18) For the consolidation of the existing school systems with the county and city or cities, including the creation of a metropolitan board of education, which board may be vested with power to appoint a director of schools, if there are no special school districts operating in the county. If one (1) or more special school districts operate within the county, then the metropolitan charter need not provide for the consolidation of the existing school systems. If the school districts are not consolidated, then any special school district shall continue to exist as a separate entity; (19) For a determination, as between the general services district and the urban services district, of proportionate responsibility for the existing county bonded indebtedness, both countywide and district, and for the existing municipal indebtedness; (20) For the method and procedure by which the charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters residing within the general services district and approved by a majority of those voters voting on the amendment; (21) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from separate county and city governments into a single metropolitan government in which the functions of county and of city have been consolidated; and (22) Such terms and provisions as are contained in any private act or municipal charter with respect to any municipally owned utility supported by its own revenues and operated, administered and managed pursuant to the private act or municipal charter; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (a)(20). (b) The metropolitan charter may provide for annual assessments of real property. (c) In each county in this state, without regard to population, the metropolitan charter may provide, in addition to the urban services district and general services district required by subdivision (a)(5), for one (1) or more special service districts within all or any part of the general services district outside the urban services district, for the purpose of furnishing in any part or all of the general services district one (1) or more services that are furnished within the urban services district. If the metropolitan charter provides for special service districts, the following provisions shall apply to the creation, alteration, and taxation of special service districts: (1) The boundaries of special service districts shall be determined by the metropolitan council and shall become fixed by ordinance of the metropolitan council thirty (30) days or more after notice of the determination of the boundaries of a district has been given to the property owners of the district. Notice shall be given by mailing a description of the boundaries of the district to all of the property owners of record within the district, at their last known address. It shall not be necessary for the boundaries of any special service district to be contiguous with the boundaries of the urban services district. The boundaries of any special service district may be altered at any time by means of the same procedure by which it was created; (2) The metropolitan council shall levy an annual ad valorem tax upon the property owners of each special service district. The tax shall be set at a rate sufficient to pay that special service district's share of the total budget of the metropolitan government for the particular service being rendered to the residents and property owners of the district. The tax shall be assessed in the same manner as the general services district tax and collected as an addition to the general services district tax; (3) Each special service district may be given a name that the metropolitan council deems appropriate, and the boundaries of special service districts may overlap or be coextensive with boundaries of other special service districts; (4) In the case of special service districts for sanitary sewers, the sanitary sewers shall be furnished to the residents and property owners of the special service districts within thirty-six (36) months after ad valorem taxes in the special service districts become due; and (5) When substantial urban services are offered within an area served by special service districts, then that area shall become a part of the urban services district under the charter provisions and limitations established pursuant to subdivision (a)(6). (d) Those counties with populations in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, and having a metropolitan form of government, shall provide that any member of a board, commission or authority created under the charter of a metropolitan government may be removed from office upon a vote of three-fourths (¾) of the members of the governing body of the metropolitan government, but only for good cause shown as set forth in a resolution passed by a three-fourths (¾) majority vote of the members of the governing body, and only after the holding of a public hearing before the governing body. Acts 1957, ch. 120, § 10; 1961, ch. 199, § 5; 1963, ch. 42, § 1; 1970, ch. 467, § 1; 1971, ch. 14, § 1; impl. am. Acts 1972, ch. 740, § 7; T.C.A., § 6-3711; Acts 1991, ch. 517, § 1; 1992, ch. 828, § 1; 1993, ch. 179, § 1; 2001, ch. 115, § 1; 2001, ch. 168, § 1; 2009 , ch. 371, § 1.
(a) The proposed metropolitan charter shall provide: (1) For the creation of a metropolitan government vested with: (A) Any and all powers that cities are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter; and (B) Any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter; (2) That the territory embraced in the metropolitan government shall be the total area of the county; (3) The name of the metropolitan government, which name may be: (A) The name of the principal city followed by the words "metropolitan government"; (B) The name of the county followed by the words "metropolitan government"; (C) A compound word consisting of the name of the principal city of the county, followed by the words "metropolitan government"; or (D) Such other name as the charter commission shall deem historically and geographically appropriate; (4) That the metropolitan government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of property, real and personal, to the same extent as other governmental entities; (5) For two (2) service districts within the geographical limits of the metropolitan government, a general services district and an urban services district, as to both of which districts the metropolitan government shall have jurisdiction and authority. The general services district shall consist of the total area of the county. The urban services district shall consist originally of the total area of the principal city at the time of the filing of the proposed charter with the county election commission, together with such area of any smaller cities as may be specified in an appendix duly ratified and adopted under § 7-2-107 . In the event additional territory has been added to the principal city by annexation, effective subsequent to the creation of a charter commission or subsequent to the time of the filing of the proposed charter, the metropolitan council is hereby authorized, and it shall be its duty to remove from the total area of the urban services district such areas of the principal city as to which the metropolitan government will not be able to provide substantial urban services within a reasonable period, that shall not be greater than one (1) year after ad valorem taxes in the annexed area become due, and which shall specifically include sanitary sewers within a period that shall not be greater than thirty-six (36) months after ad valorem taxes in the annexed area become due; (6) That the area of the urban services district may be expanded and its territorial limits extended by annexation whenever particular areas of the general services district come to need urban services and the metropolitan government becomes able to provide such service within a reasonable period. The annexation shall be under provisions and limitations specified in the charter, consistent with those provided by §§ 6-51-101 - 6-51-106; (7) For the functions of the metropolitan government that shall be performed throughout the entire general services district and the governmental services that shall be rendered in such district; (8) That the tax levy for the general services district shall be set so as to be sufficient, with other available funds and grants, to defray the cost of all governmental services that are provided generally throughout or on behalf of such district; (9) For the functions of the metropolitan government that shall be performed within the urban services district and the governmental services that shall be rendered in such district; (10) That the tax levy for the urban services district shall be set so as to be sufficient, with other available funds and grants, to defray the cost of municipal-type governmental services that are provided within such district; (11) For a metropolitan council, which shall be the legislative body of the metropolitan government and shall be given all the authority and functions of the governing bodies of the county and cities being consolidated, with such exceptions and with such additional authority as may be specified elsewhere in chapters 1-6 of this title; (12) For the size, method of election, qualification for holding office, method of removal, term of office and procedures of the metropolitan council, with such other provisions with respect to the council as are normally related to the organization, powers and duties of governing bodies in cities and counties; (13) For the assignment of administrative and executive functions to officers of the metropolitan government, which officers may be given, subject to such limitations as may be deemed appropriate, all or any part of the administrative and executive functions possessed by the county and cities being consolidated and such additional powers and duties, not inconsistent with general law, as may be deemed necessary or appropriate for the metropolitan government; (14) For the names or titles of the administrative and executive officers of the metropolitan government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the metropolitan government; (15) That the urban services district shall be and constitute a municipal corporation with a three-member urban council, whose sole function shall be a mandatory obligation to levy a property tax adequate with other available funds to finance the budget for urban services, as determined by the metropolitan council. The proposed metropolitan charter shall provide the method of selecting the urban council; (16) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the consolidated functions of city and county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing city and county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in chapters 1-6 of this title or prohibited by the Constitution of Tennessee; (17) For the maintenance and administration of an effective civil service system, and also for the consolidation of county and city employees' retirement and pension systems and the regulation of such consolidated system; provided, that nothing in chapters 1-6 of this title or in a charter adopted pursuant to those provisions shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county and city employees' retirement and pension systems; (18) For the consolidation of the existing school systems with the county and city or cities, including the creation of a metropolitan board of education, which board may be vested with power to appoint a director of schools, if there are no special school districts operating in the county. If one (1) or more special school districts operate within the county, then the metropolitan charter need not provide for the consolidation of the existing school systems. If the school districts are not consolidated, then any special school district shall continue to exist as a separate entity; (19) For a determination, as between the general services district and the urban services district, of proportionate responsibility for the existing county bonded indebtedness, both countywide and district, and for the existing municipal indebtedness; (20) For the method and procedure by which the charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters residing within the general services district and approved by a majority of those voters voting on the amendment; (21) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from separate county and city governments into a single metropolitan government in which the functions of county and of city have been consolidated; and (22) Such terms and provisions as are contained in any private act or municipal charter with respect to any municipally owned utility supported by its own revenues and operated, administered and managed pursuant to the private act or municipal charter; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (a)(20).
(1) For the creation of a metropolitan government vested with: (A) Any and all powers that cities are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter; and (B) Any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter;
(A) Any and all powers that cities are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter; and
(B) Any and all powers that counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the state, as fully and completely as though the powers were specifically enumerated in the Constitution and general laws of the state, except only for such limitations and restrictions as are provided in chapters 1-6 of this title or in such charter;
(2) That the territory embraced in the metropolitan government shall be the total area of the county;
(3) The name of the metropolitan government, which name may be: (A) The name of the principal city followed by the words "metropolitan government"; (B) The name of the county followed by the words "metropolitan government"; (C) A compound word consisting of the name of the principal city of the county, followed by the words "metropolitan government"; or (D) Such other name as the charter commission shall deem historically and geographically appropriate;
(A) The name of the principal city followed by the words "metropolitan government";
(B) The name of the county followed by the words "metropolitan government";
(C) A compound word consisting of the name of the principal city of the county, followed by the words "metropolitan government"; or
(D) Such other name as the charter commission shall deem historically and geographically appropriate;
(4) That the metropolitan government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of property, real and personal, to the same extent as other governmental entities;
(5) For two (2) service districts within the geographical limits of the metropolitan government, a general services district and an urban services district, as to both of which districts the metropolitan government shall have jurisdiction and authority. The general services district shall consist of the total area of the county. The urban services district shall consist originally of the total area of the principal city at the time of the filing of the proposed charter with the county election commission, together with such area of any smaller cities as may be specified in an appendix duly ratified and adopted under § 7-2-107 . In the event additional territory has been added to the principal city by annexation, effective subsequent to the creation of a charter commission or subsequent to the time of the filing of the proposed charter, the metropolitan council is hereby authorized, and it shall be its duty to remove from the total area of the urban services district such areas of the principal city as to which the metropolitan government will not be able to provide substantial urban services within a reasonable period, that shall not be greater than one (1) year after ad valorem taxes in the annexed area become due, and which shall specifically include sanitary sewers within a period that shall not be greater than thirty-six (36) months after ad valorem taxes in the annexed area become due;
(6) That the area of the urban services district may be expanded and its territorial limits extended by annexation whenever particular areas of the general services district come to need urban services and the metropolitan government becomes able to provide such service within a reasonable period. The annexation shall be under provisions and limitations specified in the charter, consistent with those provided by §§ 6-51-101 - 6-51-106;
(7) For the functions of the metropolitan government that shall be performed throughout the entire general services district and the governmental services that shall be rendered in such district;
(8) That the tax levy for the general services district shall be set so as to be sufficient, with other available funds and grants, to defray the cost of all governmental services that are provided generally throughout or on behalf of such district;
(9) For the functions of the metropolitan government that shall be performed within the urban services district and the governmental services that shall be rendered in such district;
(10) That the tax levy for the urban services district shall be set so as to be sufficient, with other available funds and grants, to defray the cost of municipal-type governmental services that are provided within such district;
(11) For a metropolitan council, which shall be the legislative body of the metropolitan government and shall be given all the authority and functions of the governing bodies of the county and cities being consolidated, with such exceptions and with such additional authority as may be specified elsewhere in chapters 1-6 of this title;
(12) For the size, method of election, qualification for holding office, method of removal, term of office and procedures of the metropolitan council, with such other provisions with respect to the council as are normally related to the organization, powers and duties of governing bodies in cities and counties;
(13) For the assignment of administrative and executive functions to officers of the metropolitan government, which officers may be given, subject to such limitations as may be deemed appropriate, all or any part of the administrative and executive functions possessed by the county and cities being consolidated and such additional powers and duties, not inconsistent with general law, as may be deemed necessary or appropriate for the metropolitan government;
(14) For the names or titles of the administrative and executive officers of the metropolitan government, their qualifications, compensation, method of selection, tenure, removal, replacement and such other provisions with respect to such officers, not inconsistent with general law, as may be deemed necessary or appropriate for the metropolitan government;
(15) That the urban services district shall be and constitute a municipal corporation with a three-member urban council, whose sole function shall be a mandatory obligation to levy a property tax adequate with other available funds to finance the budget for urban services, as determined by the metropolitan council. The proposed metropolitan charter shall provide the method of selecting the urban council;
(16) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the consolidated functions of city and county government in an efficient and coordinated manner and for this purpose for the alteration or abolition of existing city and county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in chapters 1-6 of this title or prohibited by the Constitution of Tennessee;
(17) For the maintenance and administration of an effective civil service system, and also for the consolidation of county and city employees' retirement and pension systems and the regulation of such consolidated system; provided, that nothing in chapters 1-6 of this title or in a charter adopted pursuant to those provisions shall impair or diminish the rights and privileges of the existing employees under civil service or in the existing county and city employees' retirement and pension systems;
(18) For the consolidation of the existing school systems with the county and city or cities, including the creation of a metropolitan board of education, which board may be vested with power to appoint a director of schools, if there are no special school districts operating in the county. If one (1) or more special school districts operate within the county, then the metropolitan charter need not provide for the consolidation of the existing school systems. If the school districts are not consolidated, then any special school district shall continue to exist as a separate entity;
(19) For a determination, as between the general services district and the urban services district, of proportionate responsibility for the existing county bonded indebtedness, both countywide and district, and for the existing municipal indebtedness;
(20) For the method and procedure by which the charter may subsequently be amended; provided, that no such amendment shall be effective until submitted to the qualified voters residing within the general services district and approved by a majority of those voters voting on the amendment;
(21) For such procedures, methods and steps as are determined to be necessary or appropriate to effectuate a transition from separate county and city governments into a single metropolitan government in which the functions of county and of city have been consolidated; and
(22) Such terms and provisions as are contained in any private act or municipal charter with respect to any municipally owned utility supported by its own revenues and operated, administered and managed pursuant to the private act or municipal charter; provided, that such terms and provisions of the charter may subsequently be amended pursuant to subdivision (a)(20).
(b) The metropolitan charter may provide for annual assessments of real property.
(c) In each county in this state, without regard to population, the metropolitan charter may provide, in addition to the urban services district and general services district required by subdivision (a)(5), for one (1) or more special service districts within all or any part of the general services district outside the urban services district, for the purpose of furnishing in any part or all of the general services district one (1) or more services that are furnished within the urban services district. If the metropolitan charter provides for special service districts, the following provisions shall apply to the creation, alteration, and taxation of special service districts: (1) The boundaries of special service districts shall be determined by the metropolitan council and shall become fixed by ordinance of the metropolitan council thirty (30) days or more after notice of the determination of the boundaries of a district has been given to the property owners of the district. Notice shall be given by mailing a description of the boundaries of the district to all of the property owners of record within the district, at their last known address. It shall not be necessary for the boundaries of any special service district to be contiguous with the boundaries of the urban services district. The boundaries of any special service district may be altered at any time by means of the same procedure by which it was created; (2) The metropolitan council shall levy an annual ad valorem tax upon the property owners of each special service district. The tax shall be set at a rate sufficient to pay that special service district's share of the total budget of the metropolitan government for the particular service being rendered to the residents and property owners of the district. The tax shall be assessed in the same manner as the general services district tax and collected as an addition to the general services district tax; (3) Each special service district may be given a name that the metropolitan council deems appropriate, and the boundaries of special service districts may overlap or be coextensive with boundaries of other special service districts; (4) In the case of special service districts for sanitary sewers, the sanitary sewers shall be furnished to the residents and property owners of the special service districts within thirty-six (36) months after ad valorem taxes in the special service districts become due; and (5) When substantial urban services are offered within an area served by special service districts, then that area shall become a part of the urban services district under the charter provisions and limitations established pursuant to subdivision (a)(6).
(1) The boundaries of special service districts shall be determined by the metropolitan council and shall become fixed by ordinance of the metropolitan council thirty (30) days or more after notice of the determination of the boundaries of a district has been given to the property owners of the district. Notice shall be given by mailing a description of the boundaries of the district to all of the property owners of record within the district, at their last known address. It shall not be necessary for the boundaries of any special service district to be contiguous with the boundaries of the urban services district. The boundaries of any special service district may be altered at any time by means of the same procedure by which it was created;
(2) The metropolitan council shall levy an annual ad valorem tax upon the property owners of each special service district. The tax shall be set at a rate sufficient to pay that special service district's share of the total budget of the metropolitan government for the particular service being rendered to the residents and property owners of the district. The tax shall be assessed in the same manner as the general services district tax and collected as an addition to the general services district tax;
(3) Each special service district may be given a name that the metropolitan council deems appropriate, and the boundaries of special service districts may overlap or be coextensive with boundaries of other special service districts;
(4) In the case of special service districts for sanitary sewers, the sanitary sewers shall be furnished to the residents and property owners of the special service districts within thirty-six (36) months after ad valorem taxes in the special service districts become due; and
(5) When substantial urban services are offered within an area served by special service districts, then that area shall become a part of the urban services district under the charter provisions and limitations established pursuant to subdivision (a)(6).
(d) Those counties with populations in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, and having a metropolitan form of government, shall provide that any member of a board, commission or authority created under the charter of a metropolitan government may be removed from office upon a vote of three-fourths (¾) of the members of the governing body of the metropolitan government, but only for good cause shown as set forth in a resolution passed by a three-fourths (¾) majority vote of the members of the governing body, and only after the holding of a public hearing before the governing body.
Acts 1957, ch. 120, § 10; 1961, ch. 199, § 5; 1963, ch. 42, § 1; 1970, ch. 467, § 1; 1971, ch. 14, § 1; impl. am. Acts 1972, ch. 740, § 7; T.C.A., § 6-3711; Acts 1991, ch. 517, § 1; 1992, ch. 828, § 1; 1993, ch. 179, § 1; 2001, ch. 115, § 1; 2001, ch. 168, § 1; 2009 , ch. 371, § 1.
Tenn. Code Ann. § 7-3-315 — TN Code / Title 7 / Chapter 3 / Section 7-3-315
Additional services that may be provided by water or sewer authority
Status: in_force

A municipality-owned water or sewer utility, operating within the boundaries of a metropolitan government, may participate with a local housing authority to provide services, which may include leak repairs, payment of certain water and sewer charges caused by the leak, water or sewer connections, and service line replacements for eligible low and moderate income persons. Acts 1998, ch. 775, § 1.
A municipality-owned water or sewer utility, operating within the boundaries of a metropolitan government, may participate with a local housing authority to provide services, which may include leak repairs, payment of certain water and sewer charges caused by the leak, water or sewer connections, and service line replacements for eligible low and moderate income persons.
Acts 1998, ch. 775, § 1.
Tenn. Code Ann. § 7-84-725 — TN Code / Title 7 / Chapter 84 / Section 7-84-725
No operating authority - Compliance with laws
Status: in_force

This part does not authorize, in any manner, the developer or an owner to operate infrastructure, and the governmental or private entities authorized to provide any utility service to an area in a district retain the right to provide such service after the creation of a district. A development agreement entered into pursuant to this part between a developer and the host municipality may require the dedication or transfer of all infrastructure by the developer or owner to the appropriate governmental or private entity that provides the applicable service, and each such governmental or private entity is authorized to be a party to the development agreement. All infrastructure shall be constructed in a district in compliance with all applicable laws of the applicable governmental entity. Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
This part does not authorize, in any manner, the developer or an owner to operate infrastructure, and the governmental or private entities authorized to provide any utility service to an area in a district retain the right to provide such service after the creation of a district. A development agreement entered into pursuant to this part between a developer and the host municipality may require the dedication or transfer of all infrastructure by the developer or owner to the appropriate governmental or private entity that provides the applicable service, and each such governmental or private entity is authorized to be a party to the development agreement. All infrastructure shall be constructed in a district in compliance with all applicable laws of the applicable governmental entity.
Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 7-58-105 — TN Code / Title 7 / Chapter 58 / Section 7-58-105
Out-of-state hauling - Regulations applying to inbound waste
Status: in_force

Wherever the location of processing plants shall require local governments to haul solid wastes across state lines, such out-of-state hauling is hereby declared to be authorized and to be a valid exercise of the authority of the local governments involved, and likewise solid wastes from out-of-state may be brought into the state of Tennessee for processing in approved systems, such inbound solid waste to be subject to the same handling standards and regulations as solid waste produced within the state. Acts 1976, ch. 488, § 4; T.C.A., § 6-4104.
Wherever the location of processing plants shall require local governments to haul solid wastes across state lines, such out-of-state hauling is hereby declared to be authorized and to be a valid exercise of the authority of the local governments involved, and likewise solid wastes from out-of-state may be brought into the state of Tennessee for processing in approved systems, such inbound solid waste to be subject to the same handling standards and regulations as solid waste produced within the state.
Acts 1976, ch. 488, § 4; T.C.A., § 6-4104.
Tenn. Code Ann. § 7-84-703 — TN Code / Title 7 / Chapter 84 / Section 7-84-703
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Assessed value" means value as assessed for municipal property tax purposes; (2) "Developer" means one (1) or more persons or entities identified as the developer in the establishment resolution and as being responsible for the development of a district, together with the successors and assignees of the person or entity; (3) "Establishment resolution" means the resolution of the governing body, adopted pursuant to this part, establishing a district; (4) "Governing body" means the council, commission, board, or other body exercising general legislative power in a host municipality; (5) "Host municipality" means: (A) For a district the boundaries of which are not located entirely within a single incorporated town or city that levies and directly administers the billing of ad valorem real property taxes, each county within which the boundaries of the district are located; and (B) For districts the boundaries of which are located entirely within a single incorporated town or city that levies and directly administers the billing of ad valorem real property taxes, such town or city; (6) "Infrastructure" means: (A) The streets, roads, bridges, and sidewalks, and the water, wastewater, natural gas, electric, telecommunications, and storm water facilities, required for the development of a district, and benefitting the properties within the district, as identified in the establishment resolution, whether within or without the boundaries of the district; and (B) The land within the boundaries of the district required to be donated, dedicated, or otherwise made available to a governmental entity for public purposes; (7) "Infrastructure costs" means: (A) All costs that may be capitalized under generally accepted accounting principles for purchasing, constructing, installing, and equipping infrastructure; (B) The fees or costs imposed by a municipality or utility service provider: (i) Related to the construction or installation of infrastructure; or (ii) As a condition to the delivery of utility services to properties within the district; and (C) The cost of any land required to be donated, dedicated, or otherwise made available to a governmental entity for public purposes, which land shall be valued at either the developer's demonstrated cost or, if the value of the land has subsequently been appraised, its appraised value, whichever is higher; (8) "Infrastructure development district" or "district": (A) Means the infrastructure development district created by an establishment resolution; and (B) Does not include a development district created pursuant to the Development District Act of 1965, compiled in title 13, chapter 14; (9) "Municipality" means a county, incorporated city or town, or a metropolitan government of this state; and (10) "Owner" means the record owner in fee of a parcel within a district or the owner's duly authorized representative. Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
As used in this part, unless the context otherwise requires:
(1) "Assessed value" means value as assessed for municipal property tax purposes;
(2) "Developer" means one (1) or more persons or entities identified as the developer in the establishment resolution and as being responsible for the development of a district, together with the successors and assignees of the person or entity;
(3) "Establishment resolution" means the resolution of the governing body, adopted pursuant to this part, establishing a district;
(4) "Governing body" means the council, commission, board, or other body exercising general legislative power in a host municipality;
(5) "Host municipality" means: (A) For a district the boundaries of which are not located entirely within a single incorporated town or city that levies and directly administers the billing of ad valorem real property taxes, each county within which the boundaries of the district are located; and (B) For districts the boundaries of which are located entirely within a single incorporated town or city that levies and directly administers the billing of ad valorem real property taxes, such town or city;
(A) For a district the boundaries of which are not located entirely within a single incorporated town or city that levies and directly administers the billing of ad valorem real property taxes, each county within which the boundaries of the district are located; and
(B) For districts the boundaries of which are located entirely within a single incorporated town or city that levies and directly administers the billing of ad valorem real property taxes, such town or city;
(6) "Infrastructure" means: (A) The streets, roads, bridges, and sidewalks, and the water, wastewater, natural gas, electric, telecommunications, and storm water facilities, required for the development of a district, and benefitting the properties within the district, as identified in the establishment resolution, whether within or without the boundaries of the district; and (B) The land within the boundaries of the district required to be donated, dedicated, or otherwise made available to a governmental entity for public purposes;
(A) The streets, roads, bridges, and sidewalks, and the water, wastewater, natural gas, electric, telecommunications, and storm water facilities, required for the development of a district, and benefitting the properties within the district, as identified in the establishment resolution, whether within or without the boundaries of the district; and
(B) The land within the boundaries of the district required to be donated, dedicated, or otherwise made available to a governmental entity for public purposes;
(7) "Infrastructure costs" means: (A) All costs that may be capitalized under generally accepted accounting principles for purchasing, constructing, installing, and equipping infrastructure; (B) The fees or costs imposed by a municipality or utility service provider: (i) Related to the construction or installation of infrastructure; or (ii) As a condition to the delivery of utility services to properties within the district; and (C) The cost of any land required to be donated, dedicated, or otherwise made available to a governmental entity for public purposes, which land shall be valued at either the developer's demonstrated cost or, if the value of the land has subsequently been appraised, its appraised value, whichever is higher;
(A) All costs that may be capitalized under generally accepted accounting principles for purchasing, constructing, installing, and equipping infrastructure;
(B) The fees or costs imposed by a municipality or utility service provider: (i) Related to the construction or installation of infrastructure; or (ii) As a condition to the delivery of utility services to properties within the district; and
(i) Related to the construction or installation of infrastructure; or
(ii) As a condition to the delivery of utility services to properties within the district; and
(C) The cost of any land required to be donated, dedicated, or otherwise made available to a governmental entity for public purposes, which land shall be valued at either the developer's demonstrated cost or, if the value of the land has subsequently been appraised, its appraised value, whichever is higher;
(8) "Infrastructure development district" or "district": (A) Means the infrastructure development district created by an establishment resolution; and (B) Does not include a development district created pursuant to the Development District Act of 1965, compiled in title 13, chapter 14;
(A) Means the infrastructure development district created by an establishment resolution; and
(B) Does not include a development district created pursuant to the Development District Act of 1965, compiled in title 13, chapter 14;
(9) "Municipality" means a county, incorporated city or town, or a metropolitan government of this state; and
(10) "Owner" means the record owner in fee of a parcel within a district or the owner's duly authorized representative.
Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 7-67-108 — TN Code / Title 7 / Chapter 67 / Section 7-67-108
Board of directors - Officers - Meetings public
Status: in_force

(a) (1) The authority shall have a board of directors in which all corporate powers of the authority shall be vested. The board shall consist of no fewer than seven (7) directors, all of whom shall be duly qualified voters of the municipality. A director shall serve without compensation, except that the authority may reimburse a director for actual expenses incurred in the performance of a director's duties. A director may not be an elected official or employee of the municipality. The governing body of the municipality shall appoint the directors. The directors shall have staggered terms. (2) When the initial board of directors is appointed, the governing body of the municipality shall divide the directors into three (3) groups containing substantially equal numbers. The initial term of the directors included in the first group shall be two (2) years; the initial term of the directors included in the second group shall be four (4) years; the initial term of the directors included in the third group shall be six (6) years. All subsequent terms of directors shall be six (6) years; provided, that if at the expiration of any term of office of any director a successor has not been appointed, the director whose term of office has expired shall continue to hold office until the director's successor is appointed. (3) In the case of authorities created pursuant to the approval of two (2) or more municipalities acting jointly, as provided in § 7-67-120 , the number of directors appointed by the governing body of each municipality shall be as nearly equal as practicable. (4) (A) In counties having a metropolitan form of government, there shall be no more than thirteen (13) directors. Nine (9) of such members of the board of directors shall be appointed based on residency, with at least one (1) director being appointed from each metropolitan public school district. Of the remaining four (4) members, one (1) director shall be a resident of each of the four (4) state senatorial districts. This subdivision (a)(4)(A) shall not affect the terms of the current members of the sports authority board of directors, but appointments shall be made for the new positions created by this subdivision (a)(4)(A), so as to meet the residency requirements established in this subdivision (a)(4)(A), as terms expire and vacancies occur. (B) In counties having a metropolitan form of government and in municipalities having a population of more than six hundred thousand (600,000) or not less than forty-seven thousand three hundred (47,300) nor more than fifty thousand (50,000), according to the 1990 federal census or any subsequent federal census, the chief executive officer shall appoint the directors. The governing body of the metropolitan government or of such municipality shall by resolution confirm the appointments of the chief executive officer. When the chief executive officer makes the initial appointments, the chief executive officer shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively. At least one (1) director shall be a female and at least one (1) director shall be of a racial minority. (C) Notwithstanding this section to the contrary: (i) Effective January 1, 2024, the membership of a board of directors in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, is vacated and reconstituted to consist of thirteen (13) directors as follows: (a) The seven (7) longest standing board members as of June 30, 2023, shall be reappointed as members of the board and are to serve for the remainder of their existing terms. The county mayor may reappoint such members for subsequent terms; provided, that the members meet the qualifications for membership and no more than one (1) appointee is appointed from the same metropolitan school district in the county. The mayor shall make all subsequent appointments under this subdivision (a)(4)(C)(i) (a) ; (b) The governor shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same grand division of this state; (c) The speaker of the house of representatives shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same house district; and (d) The speaker of the senate shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same senatorial district; (ii) In order to stagger the terms of the newly appointed directors, initial appointments are made as follows: (a) The directors reappointed as members under subdivision (a)(4)(C)(i) (a) shall serve for the remainder of their terms that existed as of June 30, 2023; (b) The directors appointed under subdivision (a)(4)(C)(i) (b) serve initial terms that expire on June 30, 2025; (c) The directors appointed under subdivision (a)(4)(C)(i) (c) serve initial terms that expire on June 30, 2027; and (d) The directors appointed under subdivision (a)(4)(C)(i) (d) serve initial terms that expire on June 30, 2029; (iii) Following the expiration of directors' terms as prescribed in subdivision (a)(4)(C)(ii), all subsequent terms are for six (6) years, to begin on July 1 and terminate on June 30, six (6) years thereafter; and (iv) The appointing authorities shall strive to ensure that at least one (1) director is a female and at least one (1) director is of a racial minority. (5) If a vacancy occurs in the position of director, the vacancy shall be filled in the same manner as the original term for the remainder of the unexpired term. (b) The directors shall meet and organize as a board and shall elect one (1) of its members as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and such offices shall annually be filled in like manner. The duties of secretary and treasurer may be performed by the same director. In the event of the resignation or death of the chair, vice chair, secretary or treasurer, another member may be elected to fill the vacancy for the anticipated term of the chair, vice chair, secretary or treasurer. (c) Any meeting of the board of directors for any purpose whatsoever shall be open to the public. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting. A majority of the board shall constitute a quorum for the transaction of business. The concurring vote of a majority of the directors voting at a meeting at which a quorum is present shall be necessary for the exercise of any of the powers granted by this chapter. Amended by 2023 Tenn. Acts, ch. 410, s 1, eff. 5/11/2023. Acts 1993, ch. 378, § 8; 1995, ch. 414, § 2; 1996, ch. 741, §§ 1, 2; 1996, ch. 953, § 1; 1997 , ch. 382, § 1.
(a) (1) The authority shall have a board of directors in which all corporate powers of the authority shall be vested. The board shall consist of no fewer than seven (7) directors, all of whom shall be duly qualified voters of the municipality. A director shall serve without compensation, except that the authority may reimburse a director for actual expenses incurred in the performance of a director's duties. A director may not be an elected official or employee of the municipality. The governing body of the municipality shall appoint the directors. The directors shall have staggered terms. (2) When the initial board of directors is appointed, the governing body of the municipality shall divide the directors into three (3) groups containing substantially equal numbers. The initial term of the directors included in the first group shall be two (2) years; the initial term of the directors included in the second group shall be four (4) years; the initial term of the directors included in the third group shall be six (6) years. All subsequent terms of directors shall be six (6) years; provided, that if at the expiration of any term of office of any director a successor has not been appointed, the director whose term of office has expired shall continue to hold office until the director's successor is appointed. (3) In the case of authorities created pursuant to the approval of two (2) or more municipalities acting jointly, as provided in § 7-67-120 , the number of directors appointed by the governing body of each municipality shall be as nearly equal as practicable. (4) (A) In counties having a metropolitan form of government, there shall be no more than thirteen (13) directors. Nine (9) of such members of the board of directors shall be appointed based on residency, with at least one (1) director being appointed from each metropolitan public school district. Of the remaining four (4) members, one (1) director shall be a resident of each of the four (4) state senatorial districts. This subdivision (a)(4)(A) shall not affect the terms of the current members of the sports authority board of directors, but appointments shall be made for the new positions created by this subdivision (a)(4)(A), so as to meet the residency requirements established in this subdivision (a)(4)(A), as terms expire and vacancies occur. (B) In counties having a metropolitan form of government and in municipalities having a population of more than six hundred thousand (600,000) or not less than forty-seven thousand three hundred (47,300) nor more than fifty thousand (50,000), according to the 1990 federal census or any subsequent federal census, the chief executive officer shall appoint the directors. The governing body of the metropolitan government or of such municipality shall by resolution confirm the appointments of the chief executive officer. When the chief executive officer makes the initial appointments, the chief executive officer shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively. At least one (1) director shall be a female and at least one (1) director shall be of a racial minority. (C) Notwithstanding this section to the contrary: (i) Effective January 1, 2024, the membership of a board of directors in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, is vacated and reconstituted to consist of thirteen (13) directors as follows: (a) The seven (7) longest standing board members as of June 30, 2023, shall be reappointed as members of the board and are to serve for the remainder of their existing terms. The county mayor may reappoint such members for subsequent terms; provided, that the members meet the qualifications for membership and no more than one (1) appointee is appointed from the same metropolitan school district in the county. The mayor shall make all subsequent appointments under this subdivision (a)(4)(C)(i) (a) ; (b) The governor shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same grand division of this state; (c) The speaker of the house of representatives shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same house district; and (d) The speaker of the senate shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same senatorial district; (ii) In order to stagger the terms of the newly appointed directors, initial appointments are made as follows: (a) The directors reappointed as members under subdivision (a)(4)(C)(i) (a) shall serve for the remainder of their terms that existed as of June 30, 2023; (b) The directors appointed under subdivision (a)(4)(C)(i) (b) serve initial terms that expire on June 30, 2025; (c) The directors appointed under subdivision (a)(4)(C)(i) (c) serve initial terms that expire on June 30, 2027; and (d) The directors appointed under subdivision (a)(4)(C)(i) (d) serve initial terms that expire on June 30, 2029; (iii) Following the expiration of directors' terms as prescribed in subdivision (a)(4)(C)(ii), all subsequent terms are for six (6) years, to begin on July 1 and terminate on June 30, six (6) years thereafter; and (iv) The appointing authorities shall strive to ensure that at least one (1) director is a female and at least one (1) director is of a racial minority. (5) If a vacancy occurs in the position of director, the vacancy shall be filled in the same manner as the original term for the remainder of the unexpired term.
(1) The authority shall have a board of directors in which all corporate powers of the authority shall be vested. The board shall consist of no fewer than seven (7) directors, all of whom shall be duly qualified voters of the municipality. A director shall serve without compensation, except that the authority may reimburse a director for actual expenses incurred in the performance of a director's duties. A director may not be an elected official or employee of the municipality. The governing body of the municipality shall appoint the directors. The directors shall have staggered terms.
(2) When the initial board of directors is appointed, the governing body of the municipality shall divide the directors into three (3) groups containing substantially equal numbers. The initial term of the directors included in the first group shall be two (2) years; the initial term of the directors included in the second group shall be four (4) years; the initial term of the directors included in the third group shall be six (6) years. All subsequent terms of directors shall be six (6) years; provided, that if at the expiration of any term of office of any director a successor has not been appointed, the director whose term of office has expired shall continue to hold office until the director's successor is appointed.
(3) In the case of authorities created pursuant to the approval of two (2) or more municipalities acting jointly, as provided in § 7-67-120 , the number of directors appointed by the governing body of each municipality shall be as nearly equal as practicable.
(4) (A) In counties having a metropolitan form of government, there shall be no more than thirteen (13) directors. Nine (9) of such members of the board of directors shall be appointed based on residency, with at least one (1) director being appointed from each metropolitan public school district. Of the remaining four (4) members, one (1) director shall be a resident of each of the four (4) state senatorial districts. This subdivision (a)(4)(A) shall not affect the terms of the current members of the sports authority board of directors, but appointments shall be made for the new positions created by this subdivision (a)(4)(A), so as to meet the residency requirements established in this subdivision (a)(4)(A), as terms expire and vacancies occur. (B) In counties having a metropolitan form of government and in municipalities having a population of more than six hundred thousand (600,000) or not less than forty-seven thousand three hundred (47,300) nor more than fifty thousand (50,000), according to the 1990 federal census or any subsequent federal census, the chief executive officer shall appoint the directors. The governing body of the metropolitan government or of such municipality shall by resolution confirm the appointments of the chief executive officer. When the chief executive officer makes the initial appointments, the chief executive officer shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively. At least one (1) director shall be a female and at least one (1) director shall be of a racial minority. (C) Notwithstanding this section to the contrary: (i) Effective January 1, 2024, the membership of a board of directors in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, is vacated and reconstituted to consist of thirteen (13) directors as follows: (a) The seven (7) longest standing board members as of June 30, 2023, shall be reappointed as members of the board and are to serve for the remainder of their existing terms. The county mayor may reappoint such members for subsequent terms; provided, that the members meet the qualifications for membership and no more than one (1) appointee is appointed from the same metropolitan school district in the county. The mayor shall make all subsequent appointments under this subdivision (a)(4)(C)(i) (a) ; (b) The governor shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same grand division of this state; (c) The speaker of the house of representatives shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same house district; and (d) The speaker of the senate shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same senatorial district; (ii) In order to stagger the terms of the newly appointed directors, initial appointments are made as follows: (a) The directors reappointed as members under subdivision (a)(4)(C)(i) (a) shall serve for the remainder of their terms that existed as of June 30, 2023; (b) The directors appointed under subdivision (a)(4)(C)(i) (b) serve initial terms that expire on June 30, 2025; (c) The directors appointed under subdivision (a)(4)(C)(i) (c) serve initial terms that expire on June 30, 2027; and (d) The directors appointed under subdivision (a)(4)(C)(i) (d) serve initial terms that expire on June 30, 2029; (iii) Following the expiration of directors' terms as prescribed in subdivision (a)(4)(C)(ii), all subsequent terms are for six (6) years, to begin on July 1 and terminate on June 30, six (6) years thereafter; and (iv) The appointing authorities shall strive to ensure that at least one (1) director is a female and at least one (1) director is of a racial minority.
(A) In counties having a metropolitan form of government, there shall be no more than thirteen (13) directors. Nine (9) of such members of the board of directors shall be appointed based on residency, with at least one (1) director being appointed from each metropolitan public school district. Of the remaining four (4) members, one (1) director shall be a resident of each of the four (4) state senatorial districts. This subdivision (a)(4)(A) shall not affect the terms of the current members of the sports authority board of directors, but appointments shall be made for the new positions created by this subdivision (a)(4)(A), so as to meet the residency requirements established in this subdivision (a)(4)(A), as terms expire and vacancies occur.
(B) In counties having a metropolitan form of government and in municipalities having a population of more than six hundred thousand (600,000) or not less than forty-seven thousand three hundred (47,300) nor more than fifty thousand (50,000), according to the 1990 federal census or any subsequent federal census, the chief executive officer shall appoint the directors. The governing body of the metropolitan government or of such municipality shall by resolution confirm the appointments of the chief executive officer. When the chief executive officer makes the initial appointments, the chief executive officer shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively. At least one (1) director shall be a female and at least one (1) director shall be of a racial minority.
(C) Notwithstanding this section to the contrary: (i) Effective January 1, 2024, the membership of a board of directors in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, is vacated and reconstituted to consist of thirteen (13) directors as follows: (a) The seven (7) longest standing board members as of June 30, 2023, shall be reappointed as members of the board and are to serve for the remainder of their existing terms. The county mayor may reappoint such members for subsequent terms; provided, that the members meet the qualifications for membership and no more than one (1) appointee is appointed from the same metropolitan school district in the county. The mayor shall make all subsequent appointments under this subdivision (a)(4)(C)(i) (a) ; (b) The governor shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same grand division of this state; (c) The speaker of the house of representatives shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same house district; and (d) The speaker of the senate shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same senatorial district; (ii) In order to stagger the terms of the newly appointed directors, initial appointments are made as follows: (a) The directors reappointed as members under subdivision (a)(4)(C)(i) (a) shall serve for the remainder of their terms that existed as of June 30, 2023; (b) The directors appointed under subdivision (a)(4)(C)(i) (b) serve initial terms that expire on June 30, 2025; (c) The directors appointed under subdivision (a)(4)(C)(i) (c) serve initial terms that expire on June 30, 2027; and (d) The directors appointed under subdivision (a)(4)(C)(i) (d) serve initial terms that expire on June 30, 2029; (iii) Following the expiration of directors' terms as prescribed in subdivision (a)(4)(C)(ii), all subsequent terms are for six (6) years, to begin on July 1 and terminate on June 30, six (6) years thereafter; and (iv) The appointing authorities shall strive to ensure that at least one (1) director is a female and at least one (1) director is of a racial minority.
(i) Effective January 1, 2024, the membership of a board of directors in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, is vacated and reconstituted to consist of thirteen (13) directors as follows: (a) The seven (7) longest standing board members as of June 30, 2023, shall be reappointed as members of the board and are to serve for the remainder of their existing terms. The county mayor may reappoint such members for subsequent terms; provided, that the members meet the qualifications for membership and no more than one (1) appointee is appointed from the same metropolitan school district in the county. The mayor shall make all subsequent appointments under this subdivision (a)(4)(C)(i) (a) ; (b) The governor shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same grand division of this state; (c) The speaker of the house of representatives shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same house district; and (d) The speaker of the senate shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same senatorial district;
(a) The seven (7) longest standing board members as of June 30, 2023, shall be reappointed as members of the board and are to serve for the remainder of their existing terms. The county mayor may reappoint such members for subsequent terms; provided, that the members meet the qualifications for membership and no more than one (1) appointee is appointed from the same metropolitan school district in the county. The mayor shall make all subsequent appointments under this subdivision (a)(4)(C)(i) (a) ;
(b) The governor shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same grand division of this state;
(c) The speaker of the house of representatives shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same house district; and
(d) The speaker of the senate shall appoint two (2) directors, with no more than one (1) appointee being a resident of the same senatorial district;
(ii) In order to stagger the terms of the newly appointed directors, initial appointments are made as follows: (a) The directors reappointed as members under subdivision (a)(4)(C)(i) (a) shall serve for the remainder of their terms that existed as of June 30, 2023; (b) The directors appointed under subdivision (a)(4)(C)(i) (b) serve initial terms that expire on June 30, 2025; (c) The directors appointed under subdivision (a)(4)(C)(i) (c) serve initial terms that expire on June 30, 2027; and (d) The directors appointed under subdivision (a)(4)(C)(i) (d) serve initial terms that expire on June 30, 2029;
(a) The directors reappointed as members under subdivision (a)(4)(C)(i) (a) shall serve for the remainder of their terms that existed as of June 30, 2023;
(b) The directors appointed under subdivision (a)(4)(C)(i) (b) serve initial terms that expire on June 30, 2025;
(c) The directors appointed under subdivision (a)(4)(C)(i) (c) serve initial terms that expire on June 30, 2027; and
(d) The directors appointed under subdivision (a)(4)(C)(i) (d) serve initial terms that expire on June 30, 2029;
(iii) Following the expiration of directors' terms as prescribed in subdivision (a)(4)(C)(ii), all subsequent terms are for six (6) years, to begin on July 1 and terminate on June 30, six (6) years thereafter; and
(iv) The appointing authorities shall strive to ensure that at least one (1) director is a female and at least one (1) director is of a racial minority.
(5) If a vacancy occurs in the position of director, the vacancy shall be filled in the same manner as the original term for the remainder of the unexpired term.
(b) The directors shall meet and organize as a board and shall elect one (1) of its members as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and such offices shall annually be filled in like manner. The duties of secretary and treasurer may be performed by the same director. In the event of the resignation or death of the chair, vice chair, secretary or treasurer, another member may be elected to fill the vacancy for the anticipated term of the chair, vice chair, secretary or treasurer.
(c) Any meeting of the board of directors for any purpose whatsoever shall be open to the public. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting. A majority of the board shall constitute a quorum for the transaction of business. The concurring vote of a majority of the directors voting at a meeting at which a quorum is present shall be necessary for the exercise of any of the powers granted by this chapter.
Amended by 2023 Tenn. Acts, ch. 410, s 1, eff. 5/11/2023.
Acts 1993, ch. 378, § 8; 1995, ch. 414, § 2; 1996, ch. 741, §§ 1, 2; 1996, ch. 953, § 1; 1997 , ch. 382, § 1.
Tenn. Code Ann. § 7-51-1109 — TN Code / Title 7 / Chapter 51 / Section 7-51-1109
Revocation, suspension or annulment of licenses
Status: in_force

(a) The board shall revoke, suspend or annul a license or permit for any of the following reasons: (1) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application; (2) The operator, entertainer, employee, or any escort violates any provision of this part; provided, that an operator has a duty to supervise conduct on the premises of the adult-oriented establishment and shall be deemed responsible for the conduct of an entertainer, employee, or escort, if the operator knew, or should have known, of the violation and authorized, approved, or, in the exercise of due diligence, failed to take reasonable efforts to prevent the violation; (3) The operator, entertainer, employee, or escort becomes ineligible to obtain the appropriate license or permit; (4) Any cost or fee required to be paid by this part is not paid; (5) Any intoxicating liquor or malt beverage is served or consumed on the premises of the adult-oriented establishment, when an operator, employee, entertainer, or escort knew, or should have known, of the violation and authorized, approved, or, in the exercise of due diligence, failed to take reasonable efforts to prevent the violation; (6) An operator who, with actual or constructive knowledge, employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit; (7) Any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed to any minor any adult- oriented entertainment or adult-oriented material; (8) Any operator, employee or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult-oriented entertainment is permitted or to any portion of the licensed premises wherein adult-oriented material is displayed or sold; (9) An operator, who with actual or constructive knowledge, fails to maintain the licensed premises in a sanitary condition by allowing continuing violations of the published health code, rules, or regulations specifically applicable in that jurisdiction, based upon an inspection by the appropriate health authority for that jurisdiction; and (10) Any operator, employee or entertainer is convicted of a specified criminal act, as defined in § 7-51-1102 , provided that such violation occurred on the licensed premises. (b) (1) Notwithstanding anything in this part to the contrary, before revoking or suspending any license or permit, the chair shall give the license holder or permit holder not less than ten (10) nor more than twenty (20) days' written notice of the charges against such license holder or permit holder and of the revocation of such license or permit, or of the period of time such license or permit is to be suspended; such notice shall also advise the license holder or permit holder of the license holder's or permit holder's right to request a hearing before the board. In the event the license holder or permit holder does not request in writing a hearing before the board within the time set forth in such notice, the suspension or revocation shall be effective beginning the date set forth in such notice. (2) If the license holder or permit holder desires to request a hearing before the board to contest the suspension or revocation, such request shall be made in writing to the county mayor of such county within ten (10) days of the license holder's or permit holder's receipt of the notification from the board. If the license holder or permit holder timely requests such a hearing, the effective date of a suspension or hearing shall be stayed pending the final outcome of judicial proceedings to determine whether such license or permit has been properly revoked or suspended under the law. (3) If the license holder or permit holder timely requests such a hearing, a public hearing shall be held within fifteen (15) days of the county mayor's receipt of such request before the board, at which time the license holder or permit holder may present evidence contrary to this part. The board shall hear evidence concerning the basis for such suspension or revocation and shall affirm or reverse the suspension or revocation at the conclusion of such hearing; any such hearing shall be concluded no later than twenty-two (22) days after the license holder's or permit holder's receipt of the notification of the suspension or revocation, unless an extension beyond such time period is requested by the license holder or permit holder and granted by the board. (c) (1) If the board affirms the suspension or revocation, the county attorney for such county shall institute suit for declaratory judgment in a court of record in such county, within five (5) days of the date of any such affirmation seeking an immediate judicial determination of whether such license or permit has been properly revoked or suspended under the law. (2) Any operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation. (3) The applicant shall be entitled to judicial determination of the issues within two (2) days after joinder of issue, and a decision shall be rendered by the court within two (2) days of the conclusion of the hearing. (4) The board shall have the burden of showing that a revocation or suspension of a license under this section is not arbitrary or capricious. If a board decision is found by the court to be clearly erroneous, the court may overturn the decision as being arbitrary or capricious. (5) This subsection (c) shall apply in any county that, pursuant to § 7-51-1120 , adopts this part as being applicable in its county, unless the county legislative body of that county elects to have subsection (d) apply. (d) (1) In any county in which the legislative body, in accordance with subdivision (d)(3), elects to make this subsection (d) applicable in its county, if the board affirms the suspension, revocation, or annulment of the license or permit of the holder, the license or permit holder may appeal the decision to a court of record in the county, within ten (10) days of any such affirmation, by common-law writ of certiorari. The appellant shall have the burden of showing to the court that the revocation, suspension, or annulment is illegal, arbitrary or capricious. If a court finds the board decision is clearly erroneous, the court may overturn the decision as being illegal, arbitrary or capricious. (2) Any operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation. (3) The legislative body of any county that, pursuant to § 7-51-1120 , adopts this part as being applicable in its county, shall also have the option of electing to make this subsection (d) applicable in its county. Any action by the county may be rescinded by the legislative body, in which case subsection (c) shall apply. Acts 1987, ch. 432, § 9; 1998, ch. 1090, § 1; 2001, ch. 183, § 5; 2003, ch. 90, § 2; 2006, ch. 943, §§ 4 - 9; 2008, ch. 1085, §§ 2, 3.
(a) The board shall revoke, suspend or annul a license or permit for any of the following reasons: (1) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application; (2) The operator, entertainer, employee, or any escort violates any provision of this part; provided, that an operator has a duty to supervise conduct on the premises of the adult-oriented establishment and shall be deemed responsible for the conduct of an entertainer, employee, or escort, if the operator knew, or should have known, of the violation and authorized, approved, or, in the exercise of due diligence, failed to take reasonable efforts to prevent the violation; (3) The operator, entertainer, employee, or escort becomes ineligible to obtain the appropriate license or permit; (4) Any cost or fee required to be paid by this part is not paid; (5) Any intoxicating liquor or malt beverage is served or consumed on the premises of the adult-oriented establishment, when an operator, employee, entertainer, or escort knew, or should have known, of the violation and authorized, approved, or, in the exercise of due diligence, failed to take reasonable efforts to prevent the violation; (6) An operator who, with actual or constructive knowledge, employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit; (7) Any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed to any minor any adult- oriented entertainment or adult-oriented material; (8) Any operator, employee or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult-oriented entertainment is permitted or to any portion of the licensed premises wherein adult-oriented material is displayed or sold; (9) An operator, who with actual or constructive knowledge, fails to maintain the licensed premises in a sanitary condition by allowing continuing violations of the published health code, rules, or regulations specifically applicable in that jurisdiction, based upon an inspection by the appropriate health authority for that jurisdiction; and (10) Any operator, employee or entertainer is convicted of a specified criminal act, as defined in § 7-51-1102 , provided that such violation occurred on the licensed premises.
(1) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;
(2) The operator, entertainer, employee, or any escort violates any provision of this part; provided, that an operator has a duty to supervise conduct on the premises of the adult-oriented establishment and shall be deemed responsible for the conduct of an entertainer, employee, or escort, if the operator knew, or should have known, of the violation and authorized, approved, or, in the exercise of due diligence, failed to take reasonable efforts to prevent the violation;
(3) The operator, entertainer, employee, or escort becomes ineligible to obtain the appropriate license or permit;
(4) Any cost or fee required to be paid by this part is not paid;
(5) Any intoxicating liquor or malt beverage is served or consumed on the premises of the adult-oriented establishment, when an operator, employee, entertainer, or escort knew, or should have known, of the violation and authorized, approved, or, in the exercise of due diligence, failed to take reasonable efforts to prevent the violation;
(6) An operator who, with actual or constructive knowledge, employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit;
(7) Any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed to any minor any adult- oriented entertainment or adult-oriented material;
(8) Any operator, employee or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult-oriented entertainment is permitted or to any portion of the licensed premises wherein adult-oriented material is displayed or sold;
(9) An operator, who with actual or constructive knowledge, fails to maintain the licensed premises in a sanitary condition by allowing continuing violations of the published health code, rules, or regulations specifically applicable in that jurisdiction, based upon an inspection by the appropriate health authority for that jurisdiction; and
(10) Any operator, employee or entertainer is convicted of a specified criminal act, as defined in § 7-51-1102 , provided that such violation occurred on the licensed premises.
(b) (1) Notwithstanding anything in this part to the contrary, before revoking or suspending any license or permit, the chair shall give the license holder or permit holder not less than ten (10) nor more than twenty (20) days' written notice of the charges against such license holder or permit holder and of the revocation of such license or permit, or of the period of time such license or permit is to be suspended; such notice shall also advise the license holder or permit holder of the license holder's or permit holder's right to request a hearing before the board. In the event the license holder or permit holder does not request in writing a hearing before the board within the time set forth in such notice, the suspension or revocation shall be effective beginning the date set forth in such notice. (2) If the license holder or permit holder desires to request a hearing before the board to contest the suspension or revocation, such request shall be made in writing to the county mayor of such county within ten (10) days of the license holder's or permit holder's receipt of the notification from the board. If the license holder or permit holder timely requests such a hearing, the effective date of a suspension or hearing shall be stayed pending the final outcome of judicial proceedings to determine whether such license or permit has been properly revoked or suspended under the law. (3) If the license holder or permit holder timely requests such a hearing, a public hearing shall be held within fifteen (15) days of the county mayor's receipt of such request before the board, at which time the license holder or permit holder may present evidence contrary to this part. The board shall hear evidence concerning the basis for such suspension or revocation and shall affirm or reverse the suspension or revocation at the conclusion of such hearing; any such hearing shall be concluded no later than twenty-two (22) days after the license holder's or permit holder's receipt of the notification of the suspension or revocation, unless an extension beyond such time period is requested by the license holder or permit holder and granted by the board.
(1) Notwithstanding anything in this part to the contrary, before revoking or suspending any license or permit, the chair shall give the license holder or permit holder not less than ten (10) nor more than twenty (20) days' written notice of the charges against such license holder or permit holder and of the revocation of such license or permit, or of the period of time such license or permit is to be suspended; such notice shall also advise the license holder or permit holder of the license holder's or permit holder's right to request a hearing before the board. In the event the license holder or permit holder does not request in writing a hearing before the board within the time set forth in such notice, the suspension or revocation shall be effective beginning the date set forth in such notice.
(2) If the license holder or permit holder desires to request a hearing before the board to contest the suspension or revocation, such request shall be made in writing to the county mayor of such county within ten (10) days of the license holder's or permit holder's receipt of the notification from the board. If the license holder or permit holder timely requests such a hearing, the effective date of a suspension or hearing shall be stayed pending the final outcome of judicial proceedings to determine whether such license or permit has been properly revoked or suspended under the law.
(3) If the license holder or permit holder timely requests such a hearing, a public hearing shall be held within fifteen (15) days of the county mayor's receipt of such request before the board, at which time the license holder or permit holder may present evidence contrary to this part. The board shall hear evidence concerning the basis for such suspension or revocation and shall affirm or reverse the suspension or revocation at the conclusion of such hearing; any such hearing shall be concluded no later than twenty-two (22) days after the license holder's or permit holder's receipt of the notification of the suspension or revocation, unless an extension beyond such time period is requested by the license holder or permit holder and granted by the board.
(c) (1) If the board affirms the suspension or revocation, the county attorney for such county shall institute suit for declaratory judgment in a court of record in such county, within five (5) days of the date of any such affirmation seeking an immediate judicial determination of whether such license or permit has been properly revoked or suspended under the law. (2) Any operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation. (3) The applicant shall be entitled to judicial determination of the issues within two (2) days after joinder of issue, and a decision shall be rendered by the court within two (2) days of the conclusion of the hearing. (4) The board shall have the burden of showing that a revocation or suspension of a license under this section is not arbitrary or capricious. If a board decision is found by the court to be clearly erroneous, the court may overturn the decision as being arbitrary or capricious. (5) This subsection (c) shall apply in any county that, pursuant to § 7-51-1120 , adopts this part as being applicable in its county, unless the county legislative body of that county elects to have subsection (d) apply.
(1) If the board affirms the suspension or revocation, the county attorney for such county shall institute suit for declaratory judgment in a court of record in such county, within five (5) days of the date of any such affirmation seeking an immediate judicial determination of whether such license or permit has been properly revoked or suspended under the law.
(2) Any operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation.
(3) The applicant shall be entitled to judicial determination of the issues within two (2) days after joinder of issue, and a decision shall be rendered by the court within two (2) days of the conclusion of the hearing.
(4) The board shall have the burden of showing that a revocation or suspension of a license under this section is not arbitrary or capricious. If a board decision is found by the court to be clearly erroneous, the court may overturn the decision as being arbitrary or capricious.
(5) This subsection (c) shall apply in any county that, pursuant to § 7-51-1120 , adopts this part as being applicable in its county, unless the county legislative body of that county elects to have subsection (d) apply.
(d) (1) In any county in which the legislative body, in accordance with subdivision (d)(3), elects to make this subsection (d) applicable in its county, if the board affirms the suspension, revocation, or annulment of the license or permit of the holder, the license or permit holder may appeal the decision to a court of record in the county, within ten (10) days of any such affirmation, by common-law writ of certiorari. The appellant shall have the burden of showing to the court that the revocation, suspension, or annulment is illegal, arbitrary or capricious. If a court finds the board decision is clearly erroneous, the court may overturn the decision as being illegal, arbitrary or capricious. (2) Any operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation. (3) The legislative body of any county that, pursuant to § 7-51-1120 , adopts this part as being applicable in its county, shall also have the option of electing to make this subsection (d) applicable in its county. Any action by the county may be rescinded by the legislative body, in which case subsection (c) shall apply.
(1) In any county in which the legislative body, in accordance with subdivision (d)(3), elects to make this subsection (d) applicable in its county, if the board affirms the suspension, revocation, or annulment of the license or permit of the holder, the license or permit holder may appeal the decision to a court of record in the county, within ten (10) days of any such affirmation, by common-law writ of certiorari. The appellant shall have the burden of showing to the court that the revocation, suspension, or annulment is illegal, arbitrary or capricious. If a court finds the board decision is clearly erroneous, the court may overturn the decision as being illegal, arbitrary or capricious.
(2) Any operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation.
(3) The legislative body of any county that, pursuant to § 7-51-1120 , adopts this part as being applicable in its county, shall also have the option of electing to make this subsection (d) applicable in its county. Any action by the county may be rescinded by the legislative body, in which case subsection (c) shall apply.
Acts 1987, ch. 432, § 9; 1998, ch. 1090, § 1; 2001, ch. 183, § 5; 2003, ch. 90, § 2; 2006, ch. 943, §§ 4 - 9; 2008, ch. 1085, §§ 2, 3.