Tenn. Code Ann. § 7-36-114 — TN Code / Title 7 / Chapter 36 / Section 7-36-114
Resolution authorizing issuance or assumption of bonds - Repurchase of bonds - Temporary bonds - Contract or agreement facilitating issuance and sale of bonds
Status: in_force

(a) No bonds shall be issued or assumed under this chapter unless authorized to be issued or assumed by resolution of the board, which resolution may be adopted at the same meeting at which it is introduced by a majority of all members then in office, and shall take effect immediately upon adoption. Bonds authorized to be issued under this chapter may be issued in one (1) or more series, may bear such date, mature at such time, not exceeding forty (40) years from their respective dates, bear interest at such rate, payable at such time, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place, and be subject to such terms of redemption, with or without premium, as such resolution may provide. Bonds may be issued for money or property at competitive or negotiated sale for such price as the board, or its designee, shall determine. (b) Bonds may be repurchased by the authority out of any available funds at a price not to exceed the principal amount of the outstanding bonds and accrued interest, and all bonds so repurchased shall be cancelled or held as an investment of the authority as the board may determine. (c) Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchasers of bonds. (d) (1) With respect to all or any portion of any issue of bonds issued under this chapter, at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subsection (d) are in compliance with the guidelines or rules promulgated by the state funding board, as set forth in § 7-34-109(h) , the authority, by resolution of the board, may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the board may determine, including, without limitation, provisions permitting the authority to pay to, or receive from, any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement. (2) The authority may enter into an agreement to sell bonds, other than its refunding bonds, under this chapter providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years, or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of such agreement or to sell its refunding bonds providing for delivery thereof on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury, or the comptroller's designee, finding that the agreement or contract of the authority to sell its bonds as authorized in this subsection (d) is in compliance with rules promulgated by the state funding board in accordance with § 7-34-109(h) . Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee. (3) Prior to the adoption by the board of a resolution authorizing a contract or agreement described in subdivision (d)(1) or (d)(2), a request shall be submitted to the comptroller of the treasury, or the comptroller's designee, for a report finding that such contract or agreement is in compliance with the guidelines or rules of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury, or the comptroller's designee, shall determine whether the contract or agreement substantially complies with the guidelines or rules and shall report such compliance to the authority. If the report of the comptroller of the treasury, or the comptroller's designee, finds that the contract or agreement complies with the guidelines or rules of the state funding board, or the comptroller of the treasury, or the comptroller's designee, fails to report within the fifteen-day period, then the authority may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines or rules of the state funding board. If the report of the comptroller of the treasury, or the comptroller's designee, finds that such contract or agreement is not in compliance with the guidelines or rules, then the authority is not authorized to enter into such contract or agreement. The rules shall provide for an appeal process upon a determination of noncompliance. (4) When entering into any contract or agreement facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the authority may agree in the written contract or agreement that the rights and remedies of the parties thereto shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority shall lie solely in the courts sitting in the county where the authority's principal office is located. Nothing in the selection of laws of another state or nation shall alter, impair, or modify the rights, privileges, and obligations of the authority as a governmental entity under this chapter and under the laws of this state. (5) Prior to the adoption or promulgation by the state funding board of rules with respect to the contracts and agreements authorized in subdivisions (d)(1) and (d)(2), the authority may enter into such contracts or agreements to the extent otherwise authorized by the laws of this state. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
(a) No bonds shall be issued or assumed under this chapter unless authorized to be issued or assumed by resolution of the board, which resolution may be adopted at the same meeting at which it is introduced by a majority of all members then in office, and shall take effect immediately upon adoption. Bonds authorized to be issued under this chapter may be issued in one (1) or more series, may bear such date, mature at such time, not exceeding forty (40) years from their respective dates, bear interest at such rate, payable at such time, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place, and be subject to such terms of redemption, with or without premium, as such resolution may provide. Bonds may be issued for money or property at competitive or negotiated sale for such price as the board, or its designee, shall determine.
(b) Bonds may be repurchased by the authority out of any available funds at a price not to exceed the principal amount of the outstanding bonds and accrued interest, and all bonds so repurchased shall be cancelled or held as an investment of the authority as the board may determine.
(c) Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchasers of bonds.
(d) (1) With respect to all or any portion of any issue of bonds issued under this chapter, at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subsection (d) are in compliance with the guidelines or rules promulgated by the state funding board, as set forth in § 7-34-109(h) , the authority, by resolution of the board, may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the board may determine, including, without limitation, provisions permitting the authority to pay to, or receive from, any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement. (2) The authority may enter into an agreement to sell bonds, other than its refunding bonds, under this chapter providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years, or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of such agreement or to sell its refunding bonds providing for delivery thereof on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury, or the comptroller's designee, finding that the agreement or contract of the authority to sell its bonds as authorized in this subsection (d) is in compliance with rules promulgated by the state funding board in accordance with § 7-34-109(h) . Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee. (3) Prior to the adoption by the board of a resolution authorizing a contract or agreement described in subdivision (d)(1) or (d)(2), a request shall be submitted to the comptroller of the treasury, or the comptroller's designee, for a report finding that such contract or agreement is in compliance with the guidelines or rules of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury, or the comptroller's designee, shall determine whether the contract or agreement substantially complies with the guidelines or rules and shall report such compliance to the authority. If the report of the comptroller of the treasury, or the comptroller's designee, finds that the contract or agreement complies with the guidelines or rules of the state funding board, or the comptroller of the treasury, or the comptroller's designee, fails to report within the fifteen-day period, then the authority may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines or rules of the state funding board. If the report of the comptroller of the treasury, or the comptroller's designee, finds that such contract or agreement is not in compliance with the guidelines or rules, then the authority is not authorized to enter into such contract or agreement. The rules shall provide for an appeal process upon a determination of noncompliance. (4) When entering into any contract or agreement facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the authority may agree in the written contract or agreement that the rights and remedies of the parties thereto shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority shall lie solely in the courts sitting in the county where the authority's principal office is located. Nothing in the selection of laws of another state or nation shall alter, impair, or modify the rights, privileges, and obligations of the authority as a governmental entity under this chapter and under the laws of this state. (5) Prior to the adoption or promulgation by the state funding board of rules with respect to the contracts and agreements authorized in subdivisions (d)(1) and (d)(2), the authority may enter into such contracts or agreements to the extent otherwise authorized by the laws of this state.
(1) With respect to all or any portion of any issue of bonds issued under this chapter, at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subsection (d) are in compliance with the guidelines or rules promulgated by the state funding board, as set forth in § 7-34-109(h) , the authority, by resolution of the board, may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the board may determine, including, without limitation, provisions permitting the authority to pay to, or receive from, any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement.
(2) The authority may enter into an agreement to sell bonds, other than its refunding bonds, under this chapter providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years, or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of such agreement or to sell its refunding bonds providing for delivery thereof on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury, or the comptroller's designee, finding that the agreement or contract of the authority to sell its bonds as authorized in this subsection (d) is in compliance with rules promulgated by the state funding board in accordance with § 7-34-109(h) . Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee.
(3) Prior to the adoption by the board of a resolution authorizing a contract or agreement described in subdivision (d)(1) or (d)(2), a request shall be submitted to the comptroller of the treasury, or the comptroller's designee, for a report finding that such contract or agreement is in compliance with the guidelines or rules of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury, or the comptroller's designee, shall determine whether the contract or agreement substantially complies with the guidelines or rules and shall report such compliance to the authority. If the report of the comptroller of the treasury, or the comptroller's designee, finds that the contract or agreement complies with the guidelines or rules of the state funding board, or the comptroller of the treasury, or the comptroller's designee, fails to report within the fifteen-day period, then the authority may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines or rules of the state funding board. If the report of the comptroller of the treasury, or the comptroller's designee, finds that such contract or agreement is not in compliance with the guidelines or rules, then the authority is not authorized to enter into such contract or agreement. The rules shall provide for an appeal process upon a determination of noncompliance.
(4) When entering into any contract or agreement facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the authority may agree in the written contract or agreement that the rights and remedies of the parties thereto shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority shall lie solely in the courts sitting in the county where the authority's principal office is located. Nothing in the selection of laws of another state or nation shall alter, impair, or modify the rights, privileges, and obligations of the authority as a governmental entity under this chapter and under the laws of this state.
(5) Prior to the adoption or promulgation by the state funding board of rules with respect to the contracts and agreements authorized in subdivisions (d)(1) and (d)(2), the authority may enter into such contracts or agreements to the extent otherwise authorized by the laws of this state.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-60-202 — TN Code / Title 7 / Chapter 60 / Section 7-60-202
Prerequisites to exercising powers
Status: in_force

(a) No power granted to a county under this chapter may be exercised unless and until the county shall have found and determined by resolution that conditions substantially as described in § 7-60-102 exist in the county, are continuing and may be ameliorated by the exercise of the powers granted under this chapter. (b) Such resolution shall include the following findings: (1) Persons and families of lower and moderate income in the county are subject to hardship in finding and financing through private banking channels decent, safe and sanitary housing; (2) Private enterprise is not adequately meeting the need for providing and financing decent, safe and sanitary housing for such persons and families and the reduction of blight and deterioration; (3) There exist in the county conditions of blight and the deterioration of the quality of the environment and living conditions in the county; (4) Conditions of unemployment and underemployment exist in the construction industry in the county; and (5) The conditions of unemployment and underemployment and the need for decent, safe and sanitary housing shall be diminished and the blight and the deterioration of the quality of the environment and living conditions in the county shall be alleviated by the exercise and full implementation of the powers granted under this chapter. (c) (1) The resolution shall not pass final consideration until after a public hearing on the preliminary findings and determinations on the conditions in such county. (2) Not less than thirty (30) days prior to such public hearing, a notice of public hearing shall be published in a newspaper of general circulation in the county. (3) Such notice shall include the preliminary findings and determinations on which such resolution was adopted. Acts 1979, ch. 439, § 1; T.C.A., § 6-4405; Acts 1981, ch. 504, §§ 18, 19.
(a) No power granted to a county under this chapter may be exercised unless and until the county shall have found and determined by resolution that conditions substantially as described in § 7-60-102 exist in the county, are continuing and may be ameliorated by the exercise of the powers granted under this chapter.
(b) Such resolution shall include the following findings: (1) Persons and families of lower and moderate income in the county are subject to hardship in finding and financing through private banking channels decent, safe and sanitary housing; (2) Private enterprise is not adequately meeting the need for providing and financing decent, safe and sanitary housing for such persons and families and the reduction of blight and deterioration; (3) There exist in the county conditions of blight and the deterioration of the quality of the environment and living conditions in the county; (4) Conditions of unemployment and underemployment exist in the construction industry in the county; and (5) The conditions of unemployment and underemployment and the need for decent, safe and sanitary housing shall be diminished and the blight and the deterioration of the quality of the environment and living conditions in the county shall be alleviated by the exercise and full implementation of the powers granted under this chapter.
(1) Persons and families of lower and moderate income in the county are subject to hardship in finding and financing through private banking channels decent, safe and sanitary housing;
(2) Private enterprise is not adequately meeting the need for providing and financing decent, safe and sanitary housing for such persons and families and the reduction of blight and deterioration;
(3) There exist in the county conditions of blight and the deterioration of the quality of the environment and living conditions in the county;
(4) Conditions of unemployment and underemployment exist in the construction industry in the county; and
(5) The conditions of unemployment and underemployment and the need for decent, safe and sanitary housing shall be diminished and the blight and the deterioration of the quality of the environment and living conditions in the county shall be alleviated by the exercise and full implementation of the powers granted under this chapter.
(c) (1) The resolution shall not pass final consideration until after a public hearing on the preliminary findings and determinations on the conditions in such county. (2) Not less than thirty (30) days prior to such public hearing, a notice of public hearing shall be published in a newspaper of general circulation in the county. (3) Such notice shall include the preliminary findings and determinations on which such resolution was adopted.
(1) The resolution shall not pass final consideration until after a public hearing on the preliminary findings and determinations on the conditions in such county.
(2) Not less than thirty (30) days prior to such public hearing, a notice of public hearing shall be published in a newspaper of general circulation in the county.
(3) Such notice shall include the preliminary findings and determinations on which such resolution was adopted.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4405; Acts 1981, ch. 504, §§ 18, 19.
Tenn. Code Ann. § 7-32-131 — TN Code / Title 7 / Chapter 32 / Section 7-32-131
Lien of assessment - Tax sale
Status: in_force

(a) All such assessments shall constitute a lien on the respective lots or parcels of land upon which they are levied, superior to all other liens except those of the state, county and city for taxes. (b) The enforcement by the state, county, and city of their liens for taxes on any lot or parcel of land upon which has been levied an assessment for any improvement authorized by this chapter shall not operate to discharge or in any manner affect the city's or town's lien for such assessment; however, a purchaser at a tax sale by the state, county, or city of any lot or parcel of land upon which the assessment has been levied shall take the same subject to the lien of such assessment, and if bought by the state, any conveyance of the title thus acquired or any redemption shall be subject to the lien of such assessment. Acts 1913 (1st Ex. Sess.), ch. 18, § 6; Shan., § 1991a26; Code 1932, § 3433; T.C.A. (orig. ed.), § 6-1131.
(a) All such assessments shall constitute a lien on the respective lots or parcels of land upon which they are levied, superior to all other liens except those of the state, county and city for taxes.
(b) The enforcement by the state, county, and city of their liens for taxes on any lot or parcel of land upon which has been levied an assessment for any improvement authorized by this chapter shall not operate to discharge or in any manner affect the city's or town's lien for such assessment; however, a purchaser at a tax sale by the state, county, or city of any lot or parcel of land upon which the assessment has been levied shall take the same subject to the lien of such assessment, and if bought by the state, any conveyance of the title thus acquired or any redemption shall be subject to the lien of such assessment.
Acts 1913 (1st Ex. Sess.), ch. 18, § 6; Shan., § 1991a26; Code 1932, § 3433; T.C.A. (orig. ed.), § 6-1131.
Tenn. Code Ann. § 7-54-101 — TN Code / Title 7 / Chapter 54 / Section 7-54-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Construct" or "construction" means the erection, building, acquisition by purchase or condemnation, alteration, reconstruction, improvement, or extension of energy production facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities; (2) "Energy production facility" means a facility for the production, conversion or transmission of energy from the controlled processing of fossil or other fuels or other sources of energy and the production of electricity, steam or other forms of energy for heating, cooling, manufacturing processes and other uses, and includes "energy recovery facilities" as defined in § 68-211-501 and includes "qualified renewable energy facilities" as defined in § 54C(d)(1) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54C(d)(1) ); provided, that the municipality proposing to provide the financing for the qualified renewable energy facility constitutes a "qualified issuer" under § 54C(d)(6) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54C(d)(6) ), and may include "resource recovery facilities" as defined in § 68-211-501 to the extent that the resource recovery facilities are constructed in connection with energy recovery facilities; (3) "Governing body" means the board or body charged by law with governing the municipality; (4) "Municipality" means any town, city, metropolitan government, county or power district of this state, and for all purposes except in § 7-54-103(g) , means a not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governmental entities; (5) "Person" means any and all persons, natural or artificial, including any individual, firm or association, business trust, partnership, joint venture, municipality, and public, municipal, nonprofit, or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government; provided, that as to any business trust, partnership, or joint venture in which any federal government corporation has direct, equitable or beneficial ownership, such business trust, partnership or joint venture shall not be included in the definition of "person"; and (6) "Solid waste" means all municipal, commercial, or industrial solid waste, garbage, rubbish, refuse, and other such similar and related materials, including, without limitation, recyclable materials when they become discarded, except those excluded by the department of environment and conservation, which will designate as "special waste" any hazardous or other waste it determines should not be processed in an energy production facility for reasons of public health or safety or because the nature of the waste is such that it is not suitable for processing in an energy production facility. In the case of any municipality operating a waste water treatment or processing facility, "solid waste" also means sludge originating from such facility to the extent such sludge is not designated as "special waste." Acts 1975, ch. 204, § 1; T.C.A., § 6-1331; Acts 1981, ch. 204, § 1; 1982, ch. 624, §§ 1, 2; 1983, ch. 226, § 1; 1987, ch. 250, §§ 1, 2; 2009 , ch. 608, § 4.
As used in this chapter, unless the context otherwise requires:
(1) "Construct" or "construction" means the erection, building, acquisition by purchase or condemnation, alteration, reconstruction, improvement, or extension of energy production facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities;
(2) "Energy production facility" means a facility for the production, conversion or transmission of energy from the controlled processing of fossil or other fuels or other sources of energy and the production of electricity, steam or other forms of energy for heating, cooling, manufacturing processes and other uses, and includes "energy recovery facilities" as defined in § 68-211-501 and includes "qualified renewable energy facilities" as defined in § 54C(d)(1) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54C(d)(1) ); provided, that the municipality proposing to provide the financing for the qualified renewable energy facility constitutes a "qualified issuer" under § 54C(d)(6) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54C(d)(6) ), and may include "resource recovery facilities" as defined in § 68-211-501 to the extent that the resource recovery facilities are constructed in connection with energy recovery facilities;
(3) "Governing body" means the board or body charged by law with governing the municipality;
(4) "Municipality" means any town, city, metropolitan government, county or power district of this state, and for all purposes except in § 7-54-103(g) , means a not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governmental entities;
(5) "Person" means any and all persons, natural or artificial, including any individual, firm or association, business trust, partnership, joint venture, municipality, and public, municipal, nonprofit, or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government; provided, that as to any business trust, partnership, or joint venture in which any federal government corporation has direct, equitable or beneficial ownership, such business trust, partnership or joint venture shall not be included in the definition of "person"; and
(6) "Solid waste" means all municipal, commercial, or industrial solid waste, garbage, rubbish, refuse, and other such similar and related materials, including, without limitation, recyclable materials when they become discarded, except those excluded by the department of environment and conservation, which will designate as "special waste" any hazardous or other waste it determines should not be processed in an energy production facility for reasons of public health or safety or because the nature of the waste is such that it is not suitable for processing in an energy production facility. In the case of any municipality operating a waste water treatment or processing facility, "solid waste" also means sludge originating from such facility to the extent such sludge is not designated as "special waste."
Acts 1975, ch. 204, § 1; T.C.A., § 6-1331; Acts 1981, ch. 204, § 1; 1982, ch. 624, §§ 1, 2; 1983, ch. 226, § 1; 1987, ch. 250, §§ 1, 2; 2009 , ch. 608, § 4.
Tenn. Code Ann. § 7-84-419 — TN Code / Title 7 / Chapter 84 / Section 7-84-419
Separate fund
Status: in_force

All money paid to the municipality in payment of the central business improvement district assessments and interest on the assessments shall be deemed to be a part of and constitute a separate fund for the payment of the cost and expenses of making the improvements in the district, for the payment of interim warrants and special improvement bonds with interest on the bonds issued against the central business improvement district created to make the improvements, and for no other purposes. The fund so created shall be held in the custody of the treasurer or other official of the municipality, kept intact and separate from all other funds and moneys of the municipality and shall be paid out only for the purposes specified in this chapter and as provided in the ordinance creating the central business improvement district. Such fund may be invested by the municipality in the same manner and under the same laws as provided for the investment of other public funds. Acts 1971, ch. 268, § 33; T.C.A., § 6-3933.
All money paid to the municipality in payment of the central business improvement district assessments and interest on the assessments shall be deemed to be a part of and constitute a separate fund for the payment of the cost and expenses of making the improvements in the district, for the payment of interim warrants and special improvement bonds with interest on the bonds issued against the central business improvement district created to make the improvements, and for no other purposes. The fund so created shall be held in the custody of the treasurer or other official of the municipality, kept intact and separate from all other funds and moneys of the municipality and shall be paid out only for the purposes specified in this chapter and as provided in the ordinance creating the central business improvement district. Such fund may be invested by the municipality in the same manner and under the same laws as provided for the investment of other public funds.
Acts 1971, ch. 268, § 33; T.C.A., § 6-3933.
Tenn. Code Ann. § 7-36-103 — TN Code / Title 7 / Chapter 36 / Section 7-36-103
Formation of authority
Status: in_force

(a) If the governing body of an associated municipality, by appropriate resolution, duly adopted by a two-thirds (2/3) or greater vote, finds and determines that it is wise, expedient, necessary, or advisable that an authority be formed, it shall authorize the mayor of the associated municipality or other person to proceed to form an authority, and shall approve the form of certificate of incorporation proposed to be used in organizing the authority, and then the mayor or other person authorized by the resolution shall execute, acknowledge, and file a certificate of incorporation for the corporation as provided in this chapter. (b) No authority may be formed pursuant to this chapter unless the governing body has adopted a resolution as provided in this section. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
(a) If the governing body of an associated municipality, by appropriate resolution, duly adopted by a two-thirds (2/3) or greater vote, finds and determines that it is wise, expedient, necessary, or advisable that an authority be formed, it shall authorize the mayor of the associated municipality or other person to proceed to form an authority, and shall approve the form of certificate of incorporation proposed to be used in organizing the authority, and then the mayor or other person authorized by the resolution shall execute, acknowledge, and file a certificate of incorporation for the corporation as provided in this chapter.
(b) No authority may be formed pursuant to this chapter unless the governing body has adopted a resolution as provided in this section.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-21-107 — TN Code / Title 7 / Chapter 21 / Section 7-21-107
Smaller cities - Election to become part of unified government
Status: in_force

Any smaller city that has elected not to be initially included in a unified government created and established under this chapter may at any time become a part of the unified government under such terms and conditions and by such methods and procedures as may be established in the charter of the unified government, so long as such unification is accomplished in accordance with the Constitution of Tennessee, Article XI, § 9. Acts 1991, ch. 497, § 107.
Any smaller city that has elected not to be initially included in a unified government created and established under this chapter may at any time become a part of the unified government under such terms and conditions and by such methods and procedures as may be established in the charter of the unified government, so long as such unification is accomplished in accordance with the Constitution of Tennessee, Article XI, § 9.
Acts 1991, ch. 497, § 107.
Tenn. Code Ann. § 7-36-122 — TN Code / Title 7 / Chapter 36 / Section 7-36-122
Payments in lieu of taxes
Status: in_force

The authority is authorized to pay or cause to be paid from the revenues of each of the systems for each fiscal year payments in lieu of taxes to the associated municipality or such other municipality as shall properly receive said payments. Payments from the electric system revenues must be made and computed in accordance with the Municipal Electric Plant Law of 1935, compiled in chapter 52, part 1 of this title, and payments made from revenues of the telecommunication system must be made in accordance with §§ 7-52-404 and 7-52-606 . Payments made from revenues of the water and wastewater systems must be made by agreement with the affected municipality. The authority shall make payments in lieu of taxes to the associated municipality, accruing from and after the effective date of the transfer of such system or systems from the associated municipality, from such system's revenues on the same basis as payments are currently being made by the supervisory body. The authority shall provide the associated municipality with a copy of its annual audited financial statements at the time each such annual payment is made and shall provide access to such financial information of the authority as is necessary for the associated municipality to review the basis for and amounts of payments required pursuant to this section. To the extent not otherwise addressed in chapter 52, parts 4 and 6 of this title, in connection with the provision of telecommunications service, the authority is subject to all other state and local fees and charges imposed upon private providers of telecommunications services. Amended by 2017 Tenn. Acts, ch. 446,s 16, eff. 5/25/2017. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
The authority is authorized to pay or cause to be paid from the revenues of each of the systems for each fiscal year payments in lieu of taxes to the associated municipality or such other municipality as shall properly receive said payments. Payments from the electric system revenues must be made and computed in accordance with the Municipal Electric Plant Law of 1935, compiled in chapter 52, part 1 of this title, and payments made from revenues of the telecommunication system must be made in accordance with §§ 7-52-404 and 7-52-606 . Payments made from revenues of the water and wastewater systems must be made by agreement with the affected municipality. The authority shall make payments in lieu of taxes to the associated municipality, accruing from and after the effective date of the transfer of such system or systems from the associated municipality, from such system's revenues on the same basis as payments are currently being made by the supervisory body. The authority shall provide the associated municipality with a copy of its annual audited financial statements at the time each such annual payment is made and shall provide access to such financial information of the authority as is necessary for the associated municipality to review the basis for and amounts of payments required pursuant to this section. To the extent not otherwise addressed in chapter 52, parts 4 and 6 of this title, in connection with the provision of telecommunications service, the authority is subject to all other state and local fees and charges imposed upon private providers of telecommunications services.
Amended by 2017 Tenn. Acts, ch. 446,s 16, eff. 5/25/2017.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-63-102 — TN Code / Title 7 / Chapter 63 / Section 7-63-102
Agreement by offender to appear
Status: in_force

In order to prevent the offender's arrest and the issuance of the warrant against the offender, the offender must sign an agreement to appear at the time and place indicated, and to waive the issuance and service of a warrant upon the offender. Acts 1969, ch. 208, § 2; T.C.A., § 6-652.
In order to prevent the offender's arrest and the issuance of the warrant against the offender, the offender must sign an agreement to appear at the time and place indicated, and to waive the issuance and service of a warrant upon the offender.
Acts 1969, ch. 208, § 2; T.C.A., § 6-652.
Tenn. Code Ann. § 7-51-1008 — TN Code / Title 7 / Chapter 51 / Section 7-51-1008
Entertainment transportation regulation - Prohibited government actions
Status: in_force

(a) Notwithstanding this part to the contrary, a governmental entity that regulates entertainment transportation pursuant to this part shall not: (1) Refuse to renew a permit to a business that provides entertainment transportation if the governmental entity issued the permit to the business to provide entertainment transportation prior to May 1, 2024; or (2) Revoke a permit issued to a business that provides entertainment transportation except for good cause shown in an administrative hearing. (b) As used in this section, "good cause": (1) Means a material violation of a state law or a municipal ordinance, rule, or regulation governing the permit, which may be demonstrated by a knowing failure or refusal to comply with such law, ordinance, rule, or regulation; and (2) Includes the disuse or dormancy of a permit for a period of six (6) months or longer prior to the governmental entity taking action to revoke the permit; provided, that the start date for calculating a six-month period of disuse or dormancy begins on or after May 1, 2024. Added by 2024 Tenn. Acts, ch. 894,s 1, eff. 5/1/2024.
(a) Notwithstanding this part to the contrary, a governmental entity that regulates entertainment transportation pursuant to this part shall not: (1) Refuse to renew a permit to a business that provides entertainment transportation if the governmental entity issued the permit to the business to provide entertainment transportation prior to May 1, 2024; or (2) Revoke a permit issued to a business that provides entertainment transportation except for good cause shown in an administrative hearing.
(1) Refuse to renew a permit to a business that provides entertainment transportation if the governmental entity issued the permit to the business to provide entertainment transportation prior to May 1, 2024; or
(2) Revoke a permit issued to a business that provides entertainment transportation except for good cause shown in an administrative hearing.
(b) As used in this section, "good cause": (1) Means a material violation of a state law or a municipal ordinance, rule, or regulation governing the permit, which may be demonstrated by a knowing failure or refusal to comply with such law, ordinance, rule, or regulation; and (2) Includes the disuse or dormancy of a permit for a period of six (6) months or longer prior to the governmental entity taking action to revoke the permit; provided, that the start date for calculating a six-month period of disuse or dormancy begins on or after May 1, 2024.
(1) Means a material violation of a state law or a municipal ordinance, rule, or regulation governing the permit, which may be demonstrated by a knowing failure or refusal to comply with such law, ordinance, rule, or regulation; and
(2) Includes the disuse or dormancy of a permit for a period of six (6) months or longer prior to the governmental entity taking action to revoke the permit; provided, that the start date for calculating a six-month period of disuse or dormancy begins on or after May 1, 2024.
Added by 2024 Tenn. Acts, ch. 894,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 7-64-103 — TN Code / Title 7 / Chapter 64 / Section 7-64-103
[For contingent amendment, see the Compiler's Notes.] Application process
Status: in_force

(a) Applications for deferral of real property taxes shall be made annually on or before March 1 of each year, unless a later date for applications is provided by resolution of the legislative body of the county or municipality authorizing the program. Any applications received by the county trustee after this date shall be considered for deferral of real property taxes for the following tax year. (b) The state division of property assessments shall prepare an application form to be approved by the state board of equalization for such deferrals, which shall contain the following information and such additional information as may be required by the state board of equalization: (1) Name and address of the applicant or applicants; (2) Date and place of birth of the applicant or applicants; (3) Relationship between the applicants; (4) Description and location, by civil district, of the property; (5) Name of the person or persons holding title to the property; (6) Name and address of any mortgagee or lienholder; (7) The amount of any mortgage or lien against such property; and (8) Oath or verification of the information and disclosure by the applicant or applicants. (c) [For contingent amendment, see the Compiler's Notes.] Such application shall be accompanied by a fee in the amount of five dollars ($5.00) to be used to defray any expenses in the processing of such application. (d) The trustee or appropriate municipal official shall furnish the county assessor of property a copy of each application for deferral of property taxes. Whenever application for deferral of real property taxes is made, the county assessor of the county where the residence is located shall, within ninety (90) days, reassess such property claimed for deferral and forthwith notify the county trustee or the appropriate municipal official of the amount of the reassessment and value for tax purposes. (e) Such applications shall be available for public inspection during the normal business hours of the trustee's office. (f) After the trustee determines that the applicant meets the provisions of this part, the trustee shall approve such application only after receiving written approval from the holder of a note secured by any mortgage or deed of trust on such residence. (g) Notice of each approved application for deferral of taxes shall be furnished to the register of deeds by the trustee. Acts 1980, ch. 831, § 1; 1998, ch. 803, § 3; 2001, ch. 454, § 1.
(a) Applications for deferral of real property taxes shall be made annually on or before March 1 of each year, unless a later date for applications is provided by resolution of the legislative body of the county or municipality authorizing the program. Any applications received by the county trustee after this date shall be considered for deferral of real property taxes for the following tax year.
(b) The state division of property assessments shall prepare an application form to be approved by the state board of equalization for such deferrals, which shall contain the following information and such additional information as may be required by the state board of equalization: (1) Name and address of the applicant or applicants; (2) Date and place of birth of the applicant or applicants; (3) Relationship between the applicants; (4) Description and location, by civil district, of the property; (5) Name of the person or persons holding title to the property; (6) Name and address of any mortgagee or lienholder; (7) The amount of any mortgage or lien against such property; and (8) Oath or verification of the information and disclosure by the applicant or applicants.
(1) Name and address of the applicant or applicants;
(2) Date and place of birth of the applicant or applicants;
(3) Relationship between the applicants;
(4) Description and location, by civil district, of the property;
(5) Name of the person or persons holding title to the property;
(6) Name and address of any mortgagee or lienholder;
(7) The amount of any mortgage or lien against such property; and
(8) Oath or verification of the information and disclosure by the applicant or applicants.
(c) [For contingent amendment, see the Compiler's Notes.] Such application shall be accompanied by a fee in the amount of five dollars ($5.00) to be used to defray any expenses in the processing of such application.
(d) The trustee or appropriate municipal official shall furnish the county assessor of property a copy of each application for deferral of property taxes. Whenever application for deferral of real property taxes is made, the county assessor of the county where the residence is located shall, within ninety (90) days, reassess such property claimed for deferral and forthwith notify the county trustee or the appropriate municipal official of the amount of the reassessment and value for tax purposes.
(e) Such applications shall be available for public inspection during the normal business hours of the trustee's office.
(f) After the trustee determines that the applicant meets the provisions of this part, the trustee shall approve such application only after receiving written approval from the holder of a note secured by any mortgage or deed of trust on such residence.
(g) Notice of each approved application for deferral of taxes shall be furnished to the register of deeds by the trustee.
Acts 1980, ch. 831, § 1; 1998, ch. 803, § 3; 2001, ch. 454, § 1.
Tenn. Code Ann. § 7-1-103 — TN Code / Title 7 / Chapter 1 / Section 7-1-103
Consolidation of functions
Status: in_force

(a) Each county in this state, without regard to population, and the municipal corporations within such county, may consolidate all, or substantially all, of their governmental and corporate functions in the manner and with the consequences provided in this chapter. The consolidation, when complete, shall result in the creation and establishment of a new metropolitan government to perform all, or substantially all, of the governmental and corporate functions previously performed by the county and by the municipal corporations, the voters of which approve the consolidation. (b) Nothing contained in this section, or any other law, except § 7-1-112(d) , shall be construed to prohibit a municipal corporation that lies in two (2) or more counties from consolidating its governmental and corporate functions with the county in which the majority of its territory lies. Acts 1957, ch. 120, § 3; 1963, ch. 97, § 1; T.C.A., § 6-3703; Acts 1988, ch. 911, § 2.
(a) Each county in this state, without regard to population, and the municipal corporations within such county, may consolidate all, or substantially all, of their governmental and corporate functions in the manner and with the consequences provided in this chapter. The consolidation, when complete, shall result in the creation and establishment of a new metropolitan government to perform all, or substantially all, of the governmental and corporate functions previously performed by the county and by the municipal corporations, the voters of which approve the consolidation.
(b) Nothing contained in this section, or any other law, except § 7-1-112(d) , shall be construed to prohibit a municipal corporation that lies in two (2) or more counties from consolidating its governmental and corporate functions with the county in which the majority of its territory lies.
Acts 1957, ch. 120, § 3; 1963, ch. 97, § 1; T.C.A., § 6-3703; Acts 1988, ch. 911, § 2.
Tenn. Code Ann. § 7-32-140 — TN Code / Title 7 / Chapter 32 / Section 7-32-140
Power to borrow and pay for improvements
Status: in_force

The municipalities affected by this chapter shall have the authority and power to borrow money for the purpose of making payments for the improvements contemplated in this chapter in anticipation of realization of funds, either by the sale of bonds or special assessments. Such municipalities are further authorized to make payments out of any funds on hand or such funds as may be available for either that portion of the work to be assessed against the abutting property owners or owners of property in a flood plain or to be paid by the municipality itself. Nothing in this chapter or chapter 33 of this title shall be construed to prohibit the municipalities affected hereby from making payment of the entire cost of such improvements out of any funds that may be provided or available for such purposes. Acts 1913 (1st Ex. Sess.), ch. 18, § 23; Shan., § 1991a84; Code 1932, § 3491; T.C.A. (orig. ed.), § 6-1140; Acts 2001, ch. 267, § 6.
The municipalities affected by this chapter shall have the authority and power to borrow money for the purpose of making payments for the improvements contemplated in this chapter in anticipation of realization of funds, either by the sale of bonds or special assessments. Such municipalities are further authorized to make payments out of any funds on hand or such funds as may be available for either that portion of the work to be assessed against the abutting property owners or owners of property in a flood plain or to be paid by the municipality itself. Nothing in this chapter or chapter 33 of this title shall be construed to prohibit the municipalities affected hereby from making payment of the entire cost of such improvements out of any funds that may be provided or available for such purposes.
Acts 1913 (1st Ex. Sess.), ch. 18, § 23; Shan., § 1991a84; Code 1932, § 3491; T.C.A. (orig. ed.), § 6-1140; Acts 2001, ch. 267, § 6.
Tenn. Code Ann. § 7-59-312 — TN Code / Title 7 / Chapter 59 / Section 7-59-312
Personal claims - Findings of noncompliance - Civil penalties - Revocation of certificate
Status: in_force

(a) Individuals possess standing to bring claims as established in this part only for personal claims and not on behalf of other individuals. A municipality or county possesses standing to pursue claims on behalf of citizens residing within the county or municipality. In addition to all other remedies available under the law, upon receipt of a complaint from an individual, or upon receipt of a complaint brought by a municipality or county alleging a violation of § 7-59-311(a) or (b) concerning nondiscrimination and deployment of services, § 7-59-304(a)(1) requiring a franchise, § 7-59-305(c)(8) and (10) concerning notice requirements, § 7-59-305(h) concerning terminations of franchises, § 7-59-305(i) concerning amendments to state-issued certificates of franchise authority, § 7-59-309 concerning public, educational and governmental access channels, and § 7-59-313 concerning minority-owned business participation plans by a holder of a state-issued certificate of franchise authority, the department shall investigate the complaint and make a determination as to whether a violation has occurred. Except as expressly provided by this section or other specific provisions of this part, the department has no authority to regulate cable or video service provided by a holder of a state-issued certificate of franchise authority in this state, including, but not limited to, the rates, terms, or conditions of that service, and except to the extent that complaint authority is explicitly provided for in this section, the department has no general complaint authority to hear matters related to cable or video service or franchising. (b) Upon receipt of the complaint, except as otherwise provided by this part, the department shall serve a copy of the complaint on the subject holder of a state-issued certificate of franchise authority who shall have thirty (30) days after receipt to submit a written response and any other relevant information the holder wishes to submit in response to the complaint. (c) Upon a finding by the department that a violation of § 7-59-311(a) has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not more than five thousand dollars ($5,000) for each such violation or noncompliance. For purposes of this section, discrimination against each individual member of a group constitutes a separate violation and is subject to a separate penalty as set forth in this section. (d) (1) Upon a finding by the department that a violation of any provision enumerated in subsection (a), other than a violation of § 7-59-311(a) or (b) or a violation of § 7-59-313 , has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not more than one thousand dollars ($1,000) for each day of the violation or noncompliance, not to exceed a total of ten thousand dollars ($10,000), counting all subscribers as a single violation or act of noncompliance; provided, however, that if the violation or noncompliance arises from the failure of the holder to meet the requirements of § 7-59-311(b) , then the department may assess a civil penalty of not more than ten thousand dollars ($10,000) for each day of the violation or noncompliance, not to exceed a total of two million dollars ($2,000,000). (2) Upon a finding by the department that a violation of § 7-59-313 has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000), per violation. (e) In determining whether a civil penalty is appropriate, the department shall consider all of the following factors: (1) The seriousness of the noncompliance; (2) The good faith efforts of the holder to comply; (3) The holder's history of noncompliance; (4) The financial resources of the holder; and (5) Any other circumstances as determined by the department. (f) The department may revoke, in whole or in part, a state-issued certificate of franchise authority if the department finds that a holder has acted in bad faith by repeatedly and knowingly failing to comply with a final department order requiring it to remedy violations of and noncompliance with § 7-59-311(a) and (b) . A determination to revoke a state-issued certificate of franchise authority shall take into account each of the factors enumerated in subdivisions (e)(1)-(5). (g) Imposition of any civil penalty or a determination to revoke a franchise may be appealed by the holder within forty-five (45) days of the issuance of the penalty. Appeals shall be filed in any court of competent jurisdiction, which shall review the underlying decision de novo. The filing of an appeal shall not automatically stay a monetary penalty or order to cure, but an appeal shall automatically stay any order of revocation. Upon a showing of cure after the imposition of any penalty or revocation, the department may, but is not required to, reduce the penalty or rescind the revocation. (h) Any penalties assessed under subsection (c) or (d) shall be paid to the state treasurer for deposit into the Tennessee broadband accessibility fund, created pursuant to § 4-3-708 . Amended by 2017 Tenn. Acts, ch. 228,s 4, eff. 4/24/2017. Acts 2008, ch. 932, § 13.
(a) Individuals possess standing to bring claims as established in this part only for personal claims and not on behalf of other individuals. A municipality or county possesses standing to pursue claims on behalf of citizens residing within the county or municipality. In addition to all other remedies available under the law, upon receipt of a complaint from an individual, or upon receipt of a complaint brought by a municipality or county alleging a violation of § 7-59-311(a) or (b) concerning nondiscrimination and deployment of services, § 7-59-304(a)(1) requiring a franchise, § 7-59-305(c)(8) and (10) concerning notice requirements, § 7-59-305(h) concerning terminations of franchises, § 7-59-305(i) concerning amendments to state-issued certificates of franchise authority, § 7-59-309 concerning public, educational and governmental access channels, and § 7-59-313 concerning minority-owned business participation plans by a holder of a state-issued certificate of franchise authority, the department shall investigate the complaint and make a determination as to whether a violation has occurred. Except as expressly provided by this section or other specific provisions of this part, the department has no authority to regulate cable or video service provided by a holder of a state-issued certificate of franchise authority in this state, including, but not limited to, the rates, terms, or conditions of that service, and except to the extent that complaint authority is explicitly provided for in this section, the department has no general complaint authority to hear matters related to cable or video service or franchising.
(b) Upon receipt of the complaint, except as otherwise provided by this part, the department shall serve a copy of the complaint on the subject holder of a state-issued certificate of franchise authority who shall have thirty (30) days after receipt to submit a written response and any other relevant information the holder wishes to submit in response to the complaint.
(c) Upon a finding by the department that a violation of § 7-59-311(a) has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not more than five thousand dollars ($5,000) for each such violation or noncompliance. For purposes of this section, discrimination against each individual member of a group constitutes a separate violation and is subject to a separate penalty as set forth in this section.
(d) (1) Upon a finding by the department that a violation of any provision enumerated in subsection (a), other than a violation of § 7-59-311(a) or (b) or a violation of § 7-59-313 , has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not more than one thousand dollars ($1,000) for each day of the violation or noncompliance, not to exceed a total of ten thousand dollars ($10,000), counting all subscribers as a single violation or act of noncompliance; provided, however, that if the violation or noncompliance arises from the failure of the holder to meet the requirements of § 7-59-311(b) , then the department may assess a civil penalty of not more than ten thousand dollars ($10,000) for each day of the violation or noncompliance, not to exceed a total of two million dollars ($2,000,000). (2) Upon a finding by the department that a violation of § 7-59-313 has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000), per violation.
(1) Upon a finding by the department that a violation of any provision enumerated in subsection (a), other than a violation of § 7-59-311(a) or (b) or a violation of § 7-59-313 , has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not more than one thousand dollars ($1,000) for each day of the violation or noncompliance, not to exceed a total of ten thousand dollars ($10,000), counting all subscribers as a single violation or act of noncompliance; provided, however, that if the violation or noncompliance arises from the failure of the holder to meet the requirements of § 7-59-311(b) , then the department may assess a civil penalty of not more than ten thousand dollars ($10,000) for each day of the violation or noncompliance, not to exceed a total of two million dollars ($2,000,000).
(2) Upon a finding by the department that a violation of § 7-59-313 has occurred, the holder of a state-issued certificate of franchise authority shall have a reasonable period of time, as determined by the department, to cure the noncompliance. If the holder of a state-issued certificate of franchise authority fails to cure within the specified time as determined by the department, the department may assess a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000), per violation.
(e) In determining whether a civil penalty is appropriate, the department shall consider all of the following factors: (1) The seriousness of the noncompliance; (2) The good faith efforts of the holder to comply; (3) The holder's history of noncompliance; (4) The financial resources of the holder; and (5) Any other circumstances as determined by the department.
(1) The seriousness of the noncompliance;
(2) The good faith efforts of the holder to comply;
(3) The holder's history of noncompliance;
(4) The financial resources of the holder; and
(5) Any other circumstances as determined by the department.
(f) The department may revoke, in whole or in part, a state-issued certificate of franchise authority if the department finds that a holder has acted in bad faith by repeatedly and knowingly failing to comply with a final department order requiring it to remedy violations of and noncompliance with § 7-59-311(a) and (b) . A determination to revoke a state-issued certificate of franchise authority shall take into account each of the factors enumerated in subdivisions (e)(1)-(5).
(g) Imposition of any civil penalty or a determination to revoke a franchise may be appealed by the holder within forty-five (45) days of the issuance of the penalty. Appeals shall be filed in any court of competent jurisdiction, which shall review the underlying decision de novo. The filing of an appeal shall not automatically stay a monetary penalty or order to cure, but an appeal shall automatically stay any order of revocation. Upon a showing of cure after the imposition of any penalty or revocation, the department may, but is not required to, reduce the penalty or rescind the revocation.
(h) Any penalties assessed under subsection (c) or (d) shall be paid to the state treasurer for deposit into the Tennessee broadband accessibility fund, created pursuant to § 4-3-708 .
Amended by 2017 Tenn. Acts, ch. 228,s 4, eff. 4/24/2017.
Acts 2008, ch. 932, § 13.
Tenn. Code Ann. § 7-59-315 — TN Code / Title 7 / Chapter 59 / Section 7-59-315
[Repealed] Reserved
Status: repealed

Repealed by 2017 Tenn. Acts, ch. 228, s 5, eff. 4/24/2017. Amended by 2013 Tenn. Acts, ch. 204, s 5, eff. 4/23/2013. Acts 2008 , ch. 932, § 16.
Repealed by 2017 Tenn. Acts, ch. 228, s 5, eff. 4/24/2017.
Amended by 2013 Tenn. Acts, ch. 204, s 5, eff. 4/23/2013.
Acts 2008 , ch. 932, § 16.
Tenn. Code Ann. § 7-88-102 — TN Code / Title 7 / Chapter 88 / Section 7-88-102
Purpose of chapter
Status: in_force

The purpose of this chapter is to increase state tourism and related economic development by providing a financing mechanism for the development of convention centers and other similar public use facilities that will attract and serve major tourism destinations, thereby fostering economic benefit to the state and hosting cities and counties. Acts 1998, ch. 1055, § 3.
The purpose of this chapter is to increase state tourism and related economic development by providing a financing mechanism for the development of convention centers and other similar public use facilities that will attract and serve major tourism destinations, thereby fostering economic benefit to the state and hosting cities and counties.
Acts 1998, ch. 1055, § 3.
Tenn. Code Ann. § 7-81-202 — TN Code / Title 7 / Chapter 81 / Section 7-81-202
Meetings
Status: in_force

The first meeting of the assembly shall be called upon proper notice signed by at least five (5) of the voters and posted in three (3) conspicuous places in the town. Subsequent meetings shall be held at such times as the assembly may determine. Acts 1901, ch. 64, § 15; Shan., § 2023a31; Code 1932, § 3662; T.C.A. (orig. ed.), § 6-2514.
The first meeting of the assembly shall be called upon proper notice signed by at least five (5) of the voters and posted in three (3) conspicuous places in the town. Subsequent meetings shall be held at such times as the assembly may determine.
Acts 1901, ch. 64, § 15; Shan., § 2023a31; Code 1932, § 3662; T.C.A. (orig. ed.), § 6-2514.
Tenn. Code Ann. § 7-51-1601 — TN Code / Title 7 / Chapter 51 / Section 7-51-1601
Definitions - Assistance to private residential property owners
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Natural disaster" means a disaster that has caused widespread devastation in an area and includes an area that has been declared by the governor to be a disaster area; and (2) "Private residential property" means real property, and the improvements to such real property, that is not owned by the federal government or a state agency and is used as a dwelling. (b) When a natural disaster occurs, a municipality or county shall have access to and may spend public funds to assist in cleaning up debris and fallen trees on private residential property, if a request is made by the owner of the property for such assistance. (c) The municipality or county shall by ordinance or resolution, as appropriate, adopt a plan for providing assistance for natural disaster relief to private residential property as authorized by this section. A county highway department may perform work as part of a plan adopted under this subsection (c) if the plan specifically authorizes the county highway department to perform the work and the plan provides for the reimbursement of the costs incurred by the county highway department. Amended by 2017 Tenn. Acts, ch. 275,Secs.s1, s2 eff. 5/4/2017. T.C.A. § 58-2-111(c)(10) ; Acts 2004, ch. 743, § 3.
(a) As used in this section, unless the context otherwise requires: (1) "Natural disaster" means a disaster that has caused widespread devastation in an area and includes an area that has been declared by the governor to be a disaster area; and (2) "Private residential property" means real property, and the improvements to such real property, that is not owned by the federal government or a state agency and is used as a dwelling.
(1) "Natural disaster" means a disaster that has caused widespread devastation in an area and includes an area that has been declared by the governor to be a disaster area; and
(2) "Private residential property" means real property, and the improvements to such real property, that is not owned by the federal government or a state agency and is used as a dwelling.
(b) When a natural disaster occurs, a municipality or county shall have access to and may spend public funds to assist in cleaning up debris and fallen trees on private residential property, if a request is made by the owner of the property for such assistance.
(c) The municipality or county shall by ordinance or resolution, as appropriate, adopt a plan for providing assistance for natural disaster relief to private residential property as authorized by this section. A county highway department may perform work as part of a plan adopted under this subsection (c) if the plan specifically authorizes the county highway department to perform the work and the plan provides for the reimbursement of the costs incurred by the county highway department.
Amended by 2017 Tenn. Acts, ch. 275,Secs.s1, s2 eff. 5/4/2017.
T.C.A. § 58-2-111(c)(10) ; Acts 2004, ch. 743, § 3.
Tenn. Code Ann. § 7-33-310 — TN Code / Title 7 / Chapter 33 / Section 7-33-310
Assessments
Status: in_force

(a) Improvement assessments shall be assessed annually against the benefited property in the proportion that the assessed value of each lot or parcel bears to the whole assessed value of the benefited properties. Properties not assessed for taxation, such as public property or property exempt from taxation, except church-owned property located in cities as defined in § 67-6-103(a)(3)(B)(i) , shall be specially assessed by the municipal assessor of property, by the county assessor of property if the municipality uses county property assessments, or by a special assessor of property appointed by the governing body for this purpose, for which compensation may be paid from the "(name of improvement) special fund" or from the general fund of the municipality. Any such special assessment shall be subject to the procedure for equalization and judicial review provided by the law for assessments made for purposes of property taxation. (b) Improvement assessments authorized by this part shall not be levied against undeveloped or largely undeveloped areas, but shall be limited to areas in which a majority of the lots or parcels of land contain buildings or other structures. Acts 1961, ch. 311, §§ 3, 10; T.C.A., § 6-1260; Acts 2006, ch. 557, § 1; 2008, ch. 971, § 1.
(a) Improvement assessments shall be assessed annually against the benefited property in the proportion that the assessed value of each lot or parcel bears to the whole assessed value of the benefited properties. Properties not assessed for taxation, such as public property or property exempt from taxation, except church-owned property located in cities as defined in § 67-6-103(a)(3)(B)(i) , shall be specially assessed by the municipal assessor of property, by the county assessor of property if the municipality uses county property assessments, or by a special assessor of property appointed by the governing body for this purpose, for which compensation may be paid from the "(name of improvement) special fund" or from the general fund of the municipality. Any such special assessment shall be subject to the procedure for equalization and judicial review provided by the law for assessments made for purposes of property taxation.
(b) Improvement assessments authorized by this part shall not be levied against undeveloped or largely undeveloped areas, but shall be limited to areas in which a majority of the lots or parcels of land contain buildings or other structures.
Acts 1961, ch. 311, §§ 3, 10; T.C.A., § 6-1260; Acts 2006, ch. 557, § 1; 2008, ch. 971, § 1.
Tenn. Code Ann. § 7-3-301 — TN Code / Title 7 / Chapter 3 / Section 7-3-301
Issuance of bonds
Status: in_force

Any metropolitan government created and established pursuant to chapters 1-3 of this title may issue bonds under such terms, conditions and limitations as may be prescribed by the metropolitan charter. Acts 1957, ch. 120, § 13; T.C.A., § 6-3714; Acts 1988, ch. 750, § 11.
Any metropolitan government created and established pursuant to chapters 1-3 of this title may issue bonds under such terms, conditions and limitations as may be prescribed by the metropolitan charter.
Acts 1957, ch. 120, § 13; T.C.A., § 6-3714; Acts 1988, ch. 750, § 11.
Tenn. Code Ann. § 7-84-717 — TN Code / Title 7 / Chapter 84 / Section 7-84-717
No limitation on municipal powers
Status: in_force

This part does not limit the powers and authority of the host municipality, this state, or a political subdivision of this state. Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
This part does not limit the powers and authority of the host municipality, this state, or a political subdivision of this state.
Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 7-90-108 — TN Code / Title 7 / Chapter 90 / Section 7-90-108
Board of directors
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 directors shall have staggered terms. (2) The initial board of directors shall be divided 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 § 7-90-119 , the number of directors appointed by the governing body of each municipality shall be as nearly equal as practicable, and members appointed by one (1) municipality need not be approved by the other creating municipalities unless the charter of the authority provides otherwise. (4) The governing body of the municipality shall appoint all directors. At the initial appointment, the governing body shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively. (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 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 unexpired term of the chair, vice chair, secretary or treasurer. (c) Meetings of the board of directors shall be open in accordance with title 8, chapter 44. 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. Acts 2010, ch. 1078, § 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 directors shall have staggered terms. (2) The initial board of directors shall be divided 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 § 7-90-119 , the number of directors appointed by the governing body of each municipality shall be as nearly equal as practicable, and members appointed by one (1) municipality need not be approved by the other creating municipalities unless the charter of the authority provides otherwise. (4) The governing body of the municipality shall appoint all directors. At the initial appointment, the governing body shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively. (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 directors shall have staggered terms.
(2) The initial board of directors shall be divided 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 § 7-90-119 , the number of directors appointed by the governing body of each municipality shall be as nearly equal as practicable, and members appointed by one (1) municipality need not be approved by the other creating municipalities unless the charter of the authority provides otherwise.
(4) The governing body of the municipality shall appoint all directors. At the initial appointment, the governing body shall designate which directors serve an initial term of two (2), four (4) and six (6) years, respectively.
(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 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 unexpired term of the chair, vice chair, secretary or treasurer.
(c) Meetings of the board of directors shall be open in accordance with title 8, chapter 44. 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.
Acts 2010, ch. 1078, § 1.
Tenn. Code Ann. § 7-39-303 — TN Code / Title 7 / Chapter 39 / Section 7-39-303
Condemnation - Right-of-way for pipelines - Underground reservoirs - Land for pumping stations and other facilities - Use of public ways in municipalities
Status: in_force

(a) An energy acquisition corporation has the right and power pursuant to title 29, chapter 17 to take and condemn lands, property, property rights, privileges and easements of others for: (1) The purpose of constructing, laying, repairing or extending its pipelines; (2) The development, construction and operation of underground and aboveground storage reservoirs for natural gas and natural gas substitutes; (3) Pumping stations, terminal facilities and other facilities reasonably necessary for carrying out the purposes of the corporation; (4) The construction of electrical power distribution, transmission and production facilities and all other facilities reasonably necessary or related to the purchase, distribution, or transmission of electrical power for use by electrical power distributors or any other person or entity; and (5) Access to any properties owned or used by such corporation. (b) None of the public streets, alleys, squares or highways within the corporate limits of any municipality in the state shall be entered upon or used by any such corporation for laying pipelines or electrical power transmission lines, or otherwise, until the consent of the legislative body of such municipality has been obtained, prescribing the terms on which the public streets, alleys, squares or highways may be entered upon or used. Acts 1977, ch. 299, § 4; T.C.A., § 6-4204; Acts 1997 , ch. 93, §§ 11-13.
(a) An energy acquisition corporation has the right and power pursuant to title 29, chapter 17 to take and condemn lands, property, property rights, privileges and easements of others for: (1) The purpose of constructing, laying, repairing or extending its pipelines; (2) The development, construction and operation of underground and aboveground storage reservoirs for natural gas and natural gas substitutes; (3) Pumping stations, terminal facilities and other facilities reasonably necessary for carrying out the purposes of the corporation; (4) The construction of electrical power distribution, transmission and production facilities and all other facilities reasonably necessary or related to the purchase, distribution, or transmission of electrical power for use by electrical power distributors or any other person or entity; and (5) Access to any properties owned or used by such corporation.
(1) The purpose of constructing, laying, repairing or extending its pipelines;
(2) The development, construction and operation of underground and aboveground storage reservoirs for natural gas and natural gas substitutes;
(3) Pumping stations, terminal facilities and other facilities reasonably necessary for carrying out the purposes of the corporation;
(4) The construction of electrical power distribution, transmission and production facilities and all other facilities reasonably necessary or related to the purchase, distribution, or transmission of electrical power for use by electrical power distributors or any other person or entity; and
(5) Access to any properties owned or used by such corporation.
(b) None of the public streets, alleys, squares or highways within the corporate limits of any municipality in the state shall be entered upon or used by any such corporation for laying pipelines or electrical power transmission lines, or otherwise, until the consent of the legislative body of such municipality has been obtained, prescribing the terms on which the public streets, alleys, squares or highways may be entered upon or used.
Acts 1977, ch. 299, § 4; T.C.A., § 6-4204; Acts 1997 , ch. 93, §§ 11-13.
Tenn. Code Ann. § 7-55-102 — TN Code / Title 7 / Chapter 55 / Section 7-55-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Enterprise" means the industrial operation or operations to be carried on in an industrial building; (2) "Governing body" includes bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality; (3) "Industrial building" means any one (1) or combination of two (2) or more buildings, structures, or facilities to be used as a factory, mill, shop, processing plant, assembly plant, fabricating plant, ship canal, port or port facility, dock or dock facility, harbor facility, and railroads, railway terminals, railway belt lines and switches, to be rented or leased to an industrial concern by the municipality; and (4) "Municipality" includes any county, or incorporated city or town of the state. Acts 1955, ch. 209, § 2; 1957, ch. 269, § 1; T.C.A., § 6-2902.
As used in this chapter, unless the context otherwise requires:
(1) "Enterprise" means the industrial operation or operations to be carried on in an industrial building;
(2) "Governing body" includes bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality;
(3) "Industrial building" means any one (1) or combination of two (2) or more buildings, structures, or facilities to be used as a factory, mill, shop, processing plant, assembly plant, fabricating plant, ship canal, port or port facility, dock or dock facility, harbor facility, and railroads, railway terminals, railway belt lines and switches, to be rented or leased to an industrial concern by the municipality; and
(4) "Municipality" includes any county, or incorporated city or town of the state.
Acts 1955, ch. 209, § 2; 1957, ch. 269, § 1; T.C.A., § 6-2902.
Tenn. Code Ann. § 7-52-201 — TN Code / Title 7 / Chapter 52 / Section 7-52-201
Agreements with governmental agencies
Status: in_force

Any municipal corporation, county, city or town, called "municipality" in this part, owning or operating or authorized to acquire or operate any electric generation, transmission or distribution system, is authorized, in any contract or arrangement with the Tennessee valley authority or any similar governmental agency for the acquisition of any such system or part of a system or the purchase of electric power and energy, to stipulate and agree to such covenants, terms and conditions as the governing body of the municipality may deem appropriate, including, but not limited to, covenants, terms and conditions in respect to the resale rates, financial and accounting methods, services, operation and maintenance practices and the manner of disposing of the revenues, of any such system, and to comply therewith, and any such covenants, terms or conditions heretofore stipulated or agreed to are hereby expressly validated. Acts 1935, ch. 37, § 1; C. Supp. 1950, § 3708.90 (Williams, § 3708.96); T.C.A. (orig. ed.), § 6-1535.
Any municipal corporation, county, city or town, called "municipality" in this part, owning or operating or authorized to acquire or operate any electric generation, transmission or distribution system, is authorized, in any contract or arrangement with the Tennessee valley authority or any similar governmental agency for the acquisition of any such system or part of a system or the purchase of electric power and energy, to stipulate and agree to such covenants, terms and conditions as the governing body of the municipality may deem appropriate, including, but not limited to, covenants, terms and conditions in respect to the resale rates, financial and accounting methods, services, operation and maintenance practices and the manner of disposing of the revenues, of any such system, and to comply therewith, and any such covenants, terms or conditions heretofore stipulated or agreed to are hereby expressly validated.
Acts 1935, ch. 37, § 1; C. Supp. 1950, § 3708.90 (Williams, § 3708.96); T.C.A. (orig. ed.), § 6-1535.
Tenn. Code Ann. § 7-81-107 — TN Code / Title 7 / Chapter 81 / Section 7-81-107
Registration of election report and charter - Fees
Status: in_force

(a) The register shall copy the certificate, together with the certificate of the secretary of state, in the charter book in such register's office, which shall complete the incorporation. (b) The register shall be entitled to the regular recording fees received for recording corporate charters for services performed as directed in this part. Acts 1901, ch. 64, § 10; Shan., § 2023a26; Code 1932, § 3657; Acts 1972, ch. 740, § 4(45); T.C.A. (orig. ed.), § 6-2510; Acts 1987, ch. 47, § 1.
(a) The register shall copy the certificate, together with the certificate of the secretary of state, in the charter book in such register's office, which shall complete the incorporation.
(b) The register shall be entitled to the regular recording fees received for recording corporate charters for services performed as directed in this part.
Acts 1901, ch. 64, § 10; Shan., § 2023a26; Code 1932, § 3657; Acts 1972, ch. 740, § 4(45); T.C.A. (orig. ed.), § 6-2510; Acts 1987, ch. 47, § 1.
Tenn. Code Ann. § 7-65-103 — TN Code / Title 7 / Chapter 65 / Section 7-65-103
Purpose of chapter - Liberal construction
Status: in_force

(a) It is hereby determined and declared that the free circulation of traffic of all kinds through the streets and roads of counties, cities and towns in this state is necessary to the health, safety and general welfare of the public. It is further determined and declared that the greatly increased use of motor vehicles of all kinds by the public has caused serious traffic congestion in certain areas of this state, and that inadequate parking facilities for vehicles have contributed to this congestion, not only to the point of seriously interfering with the primary use of such thoroughfares, but also of impeding rapid and effective firefighting and the disposition of police matters. (b) It is the intention of the general assembly to authorize the incorporation in the several municipalities in this state of public corporations to acquire, by purchase or otherwise, own, operate, lease and dispose of properties, to the end that such public corporations may be able to reduce this parking crisis by providing sufficient off-street parking facilities and to further incorporate such facilities within projects encompassing the full range of transportation modes relating to off-street parking, including, but not limited to, pedestrian ways, public transit and other modes of public and private transportation properly located in residential, commercial and industrial areas of the several municipalities in this state, and to vest such public corporations with all powers that may be necessary to enable them to accomplish such purposes. (c) This chapter shall be liberally construed in conformity with such intention. Acts 1980, ch. 826, § 3.
(a) It is hereby determined and declared that the free circulation of traffic of all kinds through the streets and roads of counties, cities and towns in this state is necessary to the health, safety and general welfare of the public. It is further determined and declared that the greatly increased use of motor vehicles of all kinds by the public has caused serious traffic congestion in certain areas of this state, and that inadequate parking facilities for vehicles have contributed to this congestion, not only to the point of seriously interfering with the primary use of such thoroughfares, but also of impeding rapid and effective firefighting and the disposition of police matters.
(b) It is the intention of the general assembly to authorize the incorporation in the several municipalities in this state of public corporations to acquire, by purchase or otherwise, own, operate, lease and dispose of properties, to the end that such public corporations may be able to reduce this parking crisis by providing sufficient off-street parking facilities and to further incorporate such facilities within projects encompassing the full range of transportation modes relating to off-street parking, including, but not limited to, pedestrian ways, public transit and other modes of public and private transportation properly located in residential, commercial and industrial areas of the several municipalities in this state, and to vest such public corporations with all powers that may be necessary to enable them to accomplish such purposes.
(c) This chapter shall be liberally construed in conformity with such intention.
Acts 1980, ch. 826, § 3.
Tenn. Code Ann. § 7-51-1406 — TN Code / Title 7 / Chapter 51 / Section 7-51-1406
Local laws not preempted
Status: in_force

Nothing in this part shall preempt an ordinance, regulation, restriction or license that was lawfully adopted or issued by a political subdivision prior to the enactment of chapter 541 of the Public Acts of 2007 or prevent or preempt a political subdivision in this state from enacting and enforcing in the future other lawful and reasonable restrictions, regulations, licensing, zoning or other civil or administrative provisions concerning the location, configuration, code compliance or other business operations or requirements of adult-oriented establishments and sexually-oriented businesses. Acts 1995, ch. 421, § 7; 2007 , ch. 541, § 2.
Nothing in this part shall preempt an ordinance, regulation, restriction or license that was lawfully adopted or issued by a political subdivision prior to the enactment of chapter 541 of the Public Acts of 2007 or prevent or preempt a political subdivision in this state from enacting and enforcing in the future other lawful and reasonable restrictions, regulations, licensing, zoning or other civil or administrative provisions concerning the location, configuration, code compliance or other business operations or requirements of adult-oriented establishments and sexually-oriented businesses.
Acts 1995, ch. 421, § 7; 2007 , ch. 541, § 2.
Tenn. Code Ann. § 7-62-203 — TN Code / Title 7 / Chapter 62 / Section 7-62-203
Bonding of unlicensed contractors
Status: in_force

Any person who enters into a contracting business of general home repairs and maintenance after April 8, 1986, if such person is an unlicensed contractor by the state of Tennessee, shall, for a period of not less than two (2) years, be required to post a cash bond in an amount sufficient to cover the cost of all services, labor, and materials used by such contractor or any immediate or remote subcontractor under such person for all such permits. The bond so given shall be filed with the appropriate governmental office issuing such permit and shall remain filed with such office until a copy is submitted to such office on the form required by § 66-11-205 , notifying the owner that no claims have been made to the contractor by, nor is any suit pending on behalf of, any contractors, subcontractors, laborers or materialmen, and that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to any materials, appliances, fixtures or furnishings placed upon or installed in the premises for which such permit was issued. The governing body may extend this period based on the number of outstanding complaints or judgments obtained against such contractor for breach of contract or failing to comply with applicable laws and regulations. Acts 1986, ch. 688, § 1.
Any person who enters into a contracting business of general home repairs and maintenance after April 8, 1986, if such person is an unlicensed contractor by the state of Tennessee, shall, for a period of not less than two (2) years, be required to post a cash bond in an amount sufficient to cover the cost of all services, labor, and materials used by such contractor or any immediate or remote subcontractor under such person for all such permits. The bond so given shall be filed with the appropriate governmental office issuing such permit and shall remain filed with such office until a copy is submitted to such office on the form required by § 66-11-205 , notifying the owner that no claims have been made to the contractor by, nor is any suit pending on behalf of, any contractors, subcontractors, laborers or materialmen, and that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to any materials, appliances, fixtures or furnishings placed upon or installed in the premises for which such permit was issued. The governing body may extend this period based on the number of outstanding complaints or judgments obtained against such contractor for breach of contract or failing to comply with applicable laws and regulations.
Acts 1986, ch. 688, § 1.
Tenn. Code Ann. § 7-57-101 — TN Code / Title 7 / Chapter 57 / Section 7-57-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Metropolitan Hospital Authority Act." Acts 1971, ch. 316, § 1; T.C.A., § 6-4001.
This chapter shall be known and may be cited as the "Metropolitan Hospital Authority Act."
Acts 1971, ch. 316, § 1; T.C.A., § 6-4001.
Tenn. Code Ann. § 7-83-309 — TN Code / Title 7 / Chapter 83 / Section 7-83-309
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013. Acts 1935 (Ex. Sess.), ch. 4, § 16; C. Supp. 1950, § 3708.62 (Williams, § 3708.65); T.C.A. (orig. ed.), § 6-2721.
Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013.
Acts 1935 (Ex. Sess.), ch. 4, § 16; C. Supp. 1950, § 3708.62 (Williams, § 3708.65); T.C.A. (orig. ed.), § 6-2721.
Tenn. Code Ann. § 7-38-101 — TN Code / Title 7 / Chapter 38 / Section 7-38-101
Formation
Status: in_force

Any number of persons, resident within a municipality, may form themselves into a company for the purpose of extinguishing fires, by having their names and objective recorded in the register's office of the county. Code 1858, § 1706 (deriv. Acts 1831, ch. 27, § 1); Shan., § 3019; mod. Code 1932, § 5244; T.C.A. (orig. ed.), § 6-2401.
Any number of persons, resident within a municipality, may form themselves into a company for the purpose of extinguishing fires, by having their names and objective recorded in the register's office of the county.
Code 1858, § 1706 (deriv. Acts 1831, ch. 27, § 1); Shan., § 3019; mod. Code 1932, § 5244; T.C.A. (orig. ed.), § 6-2401.
Tenn. Code Ann. § 7-32-125 — TN Code / Title 7 / Chapter 32 / Section 7-32-125
Final action on assessments
Status: in_force

(a) The confirmation and final action by the legislative body specified in § 7-32-124 shall be done at a single meeting of the body. (b) It is hereby declared that the provisions of the charters of the cities in reference to the passage of ordinances shall not be applicable to the action of the bodies in levying such assessments, except that such levy or assessment shall be approved by the mayor, and in the event the mayor refuses to approve or vetoes the levies or assessments, which the mayor shall do as a whole, such levies or assessments shall be passed over the mayor's veto in like manner as ordinances or resolutions are passed over such vetoes. Acts 1913 (1st Ex. Sess.), ch. 18, § 6; Shan., § 1991a25; Code 1932, § 3432; T.C.A. (orig. ed.), § 6-1125.
(a) The confirmation and final action by the legislative body specified in § 7-32-124 shall be done at a single meeting of the body.
(b) It is hereby declared that the provisions of the charters of the cities in reference to the passage of ordinances shall not be applicable to the action of the bodies in levying such assessments, except that such levy or assessment shall be approved by the mayor, and in the event the mayor refuses to approve or vetoes the levies or assessments, which the mayor shall do as a whole, such levies or assessments shall be passed over the mayor's veto in like manner as ordinances or resolutions are passed over such vetoes.
Acts 1913 (1st Ex. Sess.), ch. 18, § 6; Shan., § 1991a25; Code 1932, § 3432; T.C.A. (orig. ed.), § 6-1125.
Tenn. Code Ann. § 7-88-107 — TN Code / Title 7 / Chapter 88 / Section 7-88-107
Limitations on indebtedness
Status: in_force

(a) Any bonds, notes or other indebtedness relative to the cost of a qualified public use facility shall not be issued for a term longer than thirty (30) years from the date it is reasonably anticipated that the facility will commence operation as a public use facility, and the municipality or public authority is authorized to pledge all proceeds or taxes received by it, pursuant to this chapter, to the payment of principal of and interest on such bonds, notes or other indebtedness. (b) A municipality is authorized to enter into a structured lease agreement; provided, that the municipality complies with § 9-21-305(c) regarding guidelines, rules or regulations adopted or promulgated by the state funding board under § 9-21-130 , treating the lease as if it were a revenue bond of the municipality and the comptroller determines compliance with the guidelines. However, if the municipality is additionally obligated to make the lease payments from legally available sources, subject to appropriation, other than revenues available under § 7-88-106(b) and revenues derived from the project, then the municipality, seven (7) days before the effective date of the structured lease agreement or the amendment to a lease making it a structured lease agreement, must provide notice generally available within the municipality, disclosing the purpose for the structured lease agreement, the additional sources, whether taxes or revenues, to be used for lease payments, and the maximum liability of the municipality. (c) Any bonds, notes, or other indebtedness, including any refinancing or refunding, proposed to be issued under this part must be approved by the state funding board. Amended by 2018 Tenn. Acts, ch. 816,s 1, eff. 4/27/2018. Acts 1998, ch. 1055, § 8; 2003, ch. 354, § 2.
(a) Any bonds, notes or other indebtedness relative to the cost of a qualified public use facility shall not be issued for a term longer than thirty (30) years from the date it is reasonably anticipated that the facility will commence operation as a public use facility, and the municipality or public authority is authorized to pledge all proceeds or taxes received by it, pursuant to this chapter, to the payment of principal of and interest on such bonds, notes or other indebtedness.
(b) A municipality is authorized to enter into a structured lease agreement; provided, that the municipality complies with § 9-21-305(c) regarding guidelines, rules or regulations adopted or promulgated by the state funding board under § 9-21-130 , treating the lease as if it were a revenue bond of the municipality and the comptroller determines compliance with the guidelines. However, if the municipality is additionally obligated to make the lease payments from legally available sources, subject to appropriation, other than revenues available under § 7-88-106(b) and revenues derived from the project, then the municipality, seven (7) days before the effective date of the structured lease agreement or the amendment to a lease making it a structured lease agreement, must provide notice generally available within the municipality, disclosing the purpose for the structured lease agreement, the additional sources, whether taxes or revenues, to be used for lease payments, and the maximum liability of the municipality.
(c) Any bonds, notes, or other indebtedness, including any refinancing or refunding, proposed to be issued under this part must be approved by the state funding board.
Amended by 2018 Tenn. Acts, ch. 816,s 1, eff. 4/27/2018.
Acts 1998, ch. 1055, § 8; 2003, ch. 354, § 2.
Tenn. Code Ann. § 7-58-109 — TN Code / Title 7 / Chapter 58 / Section 7-58-109
Construction - Supplementary nature of chapter
Status: in_force

Nothing in this chapter shall be construed to prohibit local governments or private enterprise from the construction or operation of approved sanitary landfills, or of any other heretofore or hereafter approved solid waste disposal system, it being the intent of this chapter that its provisions shall be supplementary to, and not restrictive of, any previously authorized solid waste disposal system, facility, or operation, nor of any other such system, facility or operation that may be authorized in the future. Nor shall this chapter be interpreted as granting any regulatory authority to the department that is not otherwise granted in other statutes. Acts 1976, ch. 488, § 9; T.C.A., § 6-4109.
Nothing in this chapter shall be construed to prohibit local governments or private enterprise from the construction or operation of approved sanitary landfills, or of any other heretofore or hereafter approved solid waste disposal system, it being the intent of this chapter that its provisions shall be supplementary to, and not restrictive of, any previously authorized solid waste disposal system, facility, or operation, nor of any other such system, facility or operation that may be authorized in the future. Nor shall this chapter be interpreted as granting any regulatory authority to the department that is not otherwise granted in other statutes.
Acts 1976, ch. 488, § 9; T.C.A., § 6-4109.
Tenn. Code Ann. § 7-32-119 — TN Code / Title 7 / Chapter 32 / Section 7-32-119
Costs of improvements
Status: in_force

The cost of any improvement contemplated in this chapter shall include the expense of the preliminary and other surveys, the inspection and superintendence of the work, the preparation of plans and specifications, the printing and publishing of notices, resolutions, and ordinances required, including notice of assessment, preparing bonds, interest on bonds, and any other expense necessary for the completion of the improvement; provided, that the cost of any guaranty or maintenance of any work constructed under the terms of this chapter shall not be assessed against the property abutting on or adjacent to street or streets or other ways improved. Acts 1913 (1st Ex. Sess.), ch. 18, § 4; Shan., § 1991a16; mod. Code 1932, § 3423; T.C.A. (orig. ed.), § 6-1119.
The cost of any improvement contemplated in this chapter shall include the expense of the preliminary and other surveys, the inspection and superintendence of the work, the preparation of plans and specifications, the printing and publishing of notices, resolutions, and ordinances required, including notice of assessment, preparing bonds, interest on bonds, and any other expense necessary for the completion of the improvement; provided, that the cost of any guaranty or maintenance of any work constructed under the terms of this chapter shall not be assessed against the property abutting on or adjacent to street or streets or other ways improved.
Acts 1913 (1st Ex. Sess.), ch. 18, § 4; Shan., § 1991a16; mod. Code 1932, § 3423; T.C.A. (orig. ed.), § 6-1119.
Tenn. Code Ann. § 7-1-102 — TN Code / Title 7 / Chapter 1 / Section 7-1-102
Legislative purpose and intent - Construction - Continuation of local functions and powers
Status: in_force

(a) It is hereby declared to be the legislative intent and purpose of chapters 1-3 of this title to provide for the consolidation of all, or substantially all, of the governmental and corporate functions now or hereafter vested in municipal corporations with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located, and to provide for the creation of metropolitan governments, which may be used to fulfill the unique and urgent needs of a modern metropolitan area. (b) Chapters 1-3 of this title are hereby declared to be remedial legislation to be liberally construed as a utilization of the constitutional power granted by Amendment No. 8 to article XI, § 9 of the Constitution of Tennessee approved at an election on November 3, 1953. (c) After consolidation of a county and a municipal corporation or corporations under § 7-1-103 , no functions of the governing bodies of the county and the municipal corporation, or of the officers thereof, shall be retained and continued, unless chapters 1-3 of this title or the charter of the metropolitan government expressly so provide, or unless such retention and continuation are required by the Constitution of Tennessee. After the consolidation, no officer or agency of the county or of the municipal corporation shall retain any right, power, duty or obligation, unless chapters 1-3 of this title or the charter of the metropolitan government expressly so provide, or unless such retention and continuation are required by the Constitution of Tennessee. (d) Any municipal corporation that lies in two (2) or more counties, except those in counties excluded in § 7-1-112(d) , may consolidate with the county in which the majority of its territory lies. Acts 1957, ch. 120, § 2; T.C.A., § 6-3702; Acts 1988, ch. 911, § 1.
(a) It is hereby declared to be the legislative intent and purpose of chapters 1-3 of this title to provide for the consolidation of all, or substantially all, of the governmental and corporate functions now or hereafter vested in municipal corporations with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located, and to provide for the creation of metropolitan governments, which may be used to fulfill the unique and urgent needs of a modern metropolitan area.
(b) Chapters 1-3 of this title are hereby declared to be remedial legislation to be liberally construed as a utilization of the constitutional power granted by Amendment No. 8 to article XI, § 9 of the Constitution of Tennessee approved at an election on November 3, 1953.
(c) After consolidation of a county and a municipal corporation or corporations under § 7-1-103 , no functions of the governing bodies of the county and the municipal corporation, or of the officers thereof, shall be retained and continued, unless chapters 1-3 of this title or the charter of the metropolitan government expressly so provide, or unless such retention and continuation are required by the Constitution of Tennessee. After the consolidation, no officer or agency of the county or of the municipal corporation shall retain any right, power, duty or obligation, unless chapters 1-3 of this title or the charter of the metropolitan government expressly so provide, or unless such retention and continuation are required by the Constitution of Tennessee.
(d) Any municipal corporation that lies in two (2) or more counties, except those in counties excluded in § 7-1-112(d) , may consolidate with the county in which the majority of its territory lies.
Acts 1957, ch. 120, § 2; T.C.A., § 6-3702; Acts 1988, ch. 911, § 1.
Tenn. Code Ann. § 7-3-102 — TN Code / Title 7 / Chapter 3 / Section 7-3-102
Federal and state aid
Status: in_force

(a) Any metropolitan government created and established pursuant to chapters 1-3 of this title shall be entitled to receive as state aid or as grant-in-aid from the state of Tennessee, from the United States or from any other agency, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is or may hereafter be entitled and to receive the funds without diminution or loss by reason of a consolidation made as provided in chapters 1-3 of this title. (b) (1) The metropolitan government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive, and for the purpose of receiving, state aid or grant-in-aid from the state of Tennessee, from the United States or from any other agency. (2) When state aid or other grant-in-aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of the county in which such metropolitan government is established shall be considered in calculating and determining the basis of such distribution. (3) When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage or rural population, or any combination thereof, then that area of the general services district outside of the urban services district shall be deemed to constitute rural area, its road mileage to constitute rural road mileage and its population to constitute rural population. (4) When state aid or other grant-in-aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population and the area of the urban services district shall be deemed the population and the area of the metropolitan government in calculating and determining the basis of such distribution. Acts 1957, ch. 120, § 11; T.C.A., § 6-3712.
(a) Any metropolitan government created and established pursuant to chapters 1-3 of this title shall be entitled to receive as state aid or as grant-in-aid from the state of Tennessee, from the United States or from any other agency, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is or may hereafter be entitled and to receive the funds without diminution or loss by reason of a consolidation made as provided in chapters 1-3 of this title.
(b) (1) The metropolitan government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive, and for the purpose of receiving, state aid or grant-in-aid from the state of Tennessee, from the United States or from any other agency. (2) When state aid or other grant-in-aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of the county in which such metropolitan government is established shall be considered in calculating and determining the basis of such distribution. (3) When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage or rural population, or any combination thereof, then that area of the general services district outside of the urban services district shall be deemed to constitute rural area, its road mileage to constitute rural road mileage and its population to constitute rural population. (4) When state aid or other grant-in-aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population and the area of the urban services district shall be deemed the population and the area of the metropolitan government in calculating and determining the basis of such distribution.
(1) The metropolitan government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive, and for the purpose of receiving, state aid or grant-in-aid from the state of Tennessee, from the United States or from any other agency.
(2) When state aid or other grant-in-aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of the county in which such metropolitan government is established shall be considered in calculating and determining the basis of such distribution.
(3) When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage or rural population, or any combination thereof, then that area of the general services district outside of the urban services district shall be deemed to constitute rural area, its road mileage to constitute rural road mileage and its population to constitute rural population.
(4) When state aid or other grant-in-aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population and the area of the urban services district shall be deemed the population and the area of the metropolitan government in calculating and determining the basis of such distribution.
Acts 1957, ch. 120, § 11; T.C.A., § 6-3712.
Tenn. Code Ann. § 7-35-102 — TN Code / Title 7 / Chapter 35 / Section 7-35-102
Determination and payment of damages
Status: in_force

The compensation for damages in such taking shall be paid by the municipalities, and shall be determined in the mode provided by §§ 7-31-107 - 7-31-111; and the rights and powers contained in those sections are conferred upon all of the municipal corporations, as specifically as if enacted into this section. Acts 1917, ch. 31, § 2; Shan. Supp., § 1880a27b2; mod. Code 1932, § 3367; T.C.A. (orig. ed.), § 6-1402.
The compensation for damages in such taking shall be paid by the municipalities, and shall be determined in the mode provided by §§ 7-31-107 - 7-31-111; and the rights and powers contained in those sections are conferred upon all of the municipal corporations, as specifically as if enacted into this section.
Acts 1917, ch. 31, § 2; Shan. Supp., § 1880a27b2; mod. Code 1932, § 3367; T.C.A. (orig. ed.), § 6-1402.
Tenn. Code Ann. § 7-36-115 — TN Code / Title 7 / Chapter 36 / Section 7-36-115
Power to secure bonds and to covenant as to bonds
Status: in_force

(a) In order to secure the payment of the principal and interest on the bonds issued under this chapter, or in connection with such bonds, the authority has the power to secure such bonds and to covenant as to the bonds as set forth in §§ 9-21-306 and 7-34-110 . (b) In connection with the issuance of bonds and in order to secure the payment of its bonds, the authority shall have power: (1) To pledge all or any part of its revenues; (2) To vest in any trustee the right to enforce any covenant made to secure, to pay, or in relation to its bonds, to provide for the powers and duties of such trustee, to limit the liabilities thereof, and to provide the terms and conditions upon which the trustee or the holders of bonds or any amount or proportion of them may enforce any such covenant; and (3) To make such covenants and to do such acts as may be necessary in order to secure its bonds or which, in the absolute discretion of the board, tend to make the bonds more marketable, notwithstanding that such covenants and acts may restrict or interfere with the exercise of the powers granted in this chapter. The authority shall be given the power to do all things in the issuance of bonds, and for their security, that a private business corporation can do under the laws of this state. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
(a) In order to secure the payment of the principal and interest on the bonds issued under this chapter, or in connection with such bonds, the authority has the power to secure such bonds and to covenant as to the bonds as set forth in §§ 9-21-306 and 7-34-110 .
(b) In connection with the issuance of bonds and in order to secure the payment of its bonds, the authority shall have power: (1) To pledge all or any part of its revenues; (2) To vest in any trustee the right to enforce any covenant made to secure, to pay, or in relation to its bonds, to provide for the powers and duties of such trustee, to limit the liabilities thereof, and to provide the terms and conditions upon which the trustee or the holders of bonds or any amount or proportion of them may enforce any such covenant; and (3) To make such covenants and to do such acts as may be necessary in order to secure its bonds or which, in the absolute discretion of the board, tend to make the bonds more marketable, notwithstanding that such covenants and acts may restrict or interfere with the exercise of the powers granted in this chapter. The authority shall be given the power to do all things in the issuance of bonds, and for their security, that a private business corporation can do under the laws of this state.
(1) To pledge all or any part of its revenues;
(2) To vest in any trustee the right to enforce any covenant made to secure, to pay, or in relation to its bonds, to provide for the powers and duties of such trustee, to limit the liabilities thereof, and to provide the terms and conditions upon which the trustee or the holders of bonds or any amount or proportion of them may enforce any such covenant; and
(3) To make such covenants and to do such acts as may be necessary in order to secure its bonds or which, in the absolute discretion of the board, tend to make the bonds more marketable, notwithstanding that such covenants and acts may restrict or interfere with the exercise of the powers granted in this chapter. The authority shall be given the power to do all things in the issuance of bonds, and for their security, that a private business corporation can do under the laws of this state.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-84-613 — TN Code / Title 7 / Chapter 84 / Section 7-84-613
Public hearing to be ordered - When held
Status: in_force

Upon the filing of an initiating petition purporting to contain the requisite number of signatures, or upon the adoption of an initiating resolution by the governing body, the governing body shall order a public hearing to determine whether such inner-city redevelopment district shall be established. Such hearing shall be held not less than thirty (30) nor more than forty-five (45) days following the adoption of the initiating resolution by the governing body or following the filing of the initiating petition with the clerk of the governing body. Acts 2003, ch. 195, § 1.
Upon the filing of an initiating petition purporting to contain the requisite number of signatures, or upon the adoption of an initiating resolution by the governing body, the governing body shall order a public hearing to determine whether such inner-city redevelopment district shall be established. Such hearing shall be held not less than thirty (30) nor more than forty-five (45) days following the adoption of the initiating resolution by the governing body or following the filing of the initiating petition with the clerk of the governing body.
Acts 2003, ch. 195, § 1.
Tenn. Code Ann. § 7-82-401 — TN Code / Title 7 / Chapter 82 / Section 7-82-401
Audited annual financial report - Accounting manual - Books and records
Status: in_force

(a) (1) The commissioners of each utility district shall cause an audited annual financial report to be made of the books and records of their district. The comptroller of the treasury, through the department of audit, is responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards, and that such audits meet the minimum standards prescribed by the comptroller of the treasury. (2) In all counties and districts, the comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that the minimum audit standards prescribed by the comptroller are met. The manual shall not be applied to invalidate obligations contained in bond resolutions or other debt contracts, nor to modify any substantive legal powers or requirements applicable to utility districts. (b) The audits shall be prepared by certified public accountants, public accountants or by the department of audit. In the event the governing body of the utility district shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant, or public accountant or direct the department to prepare the audit, the cost of such audit to be paid by the utility district. (c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for utility districts whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Furthermore, the comptroller of the treasury is authorized to direct the department of audit to make an audit or financial review of the books and records of utility districts. (d) A copy of such annual statement and audit shall be filed with the county mayor or mayors where publication is required in accordance with this section and § 7-82-608 . (e) Audits performed by the internal audit staffs of the utility districts must be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) . (f) (1) Any utility district that is a financially distressed utility district is subject to the supervision and evaluation of the Tennessee board of utility regulation created pursuant to part 7 of this chapter. (2) A government joint venture that supplies or treats water or wastewater for wholesale use only to other governments does not fall under the jurisdiction of the Tennessee board of utility regulation for the purpose of reporting negative change in net position annually, but must be referred to the board if the government joint venture is in a deficit or default position as described in subdivision (f)(3). (3) For the purposes of this chapter, "financially distressed utility district" means a utility district, and its system or systems, that, as shown by the audited annual financial reports, has a deficit in total net position in any one (1) year, has a deficit unrestricted net position in any one (1) year, is in default on an indebtedness, or has a negative change in net position for two (2) consecutive years without regard to any grants or capital contributions. For purposes of this section, "change in net position" means total revenues less all grants, capital contributions, and expenses. (g) [Deleted by 2023 amendment.] (h) [Deleted by 2023 amendment.] (i) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 463, s 18, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 657, s 5, eff. 3/15/2022. Amended by 2021 Tenn. Acts, ch. 226, s 1, eff. 4/22/2021. Amended by 2018 Tenn. Acts, ch. 646, s 1, eff. 4/9/2018. Amended by 2018 Tenn. Acts, ch. 495, s 4, eff. 2/22/2018. Amended by 2017 Tenn. Acts, ch. 132, s 1, eff. 4/17/2017. Amended by 2017 Tenn. Acts, ch. 129, Secs.s 3, s 4 eff. 4/17/2017. Amended by 2015 Tenn. Acts, ch. 140, s 9, eff. 4/17/2015. Amended by 2014 Tenn. Acts, ch. 628, Secs.s 7, s 8 eff. 4/4/2014. Amended by 2013 Tenn. Acts, ch. 236, s 6, eff. 4/19/2013. Amended by 2013 Tenn. Acts, ch. 141, Secs.s 2, s 3 eff. 4/12/2013. Acts 1949, ch. 256, § 1; C. Supp. 1950, § 3695.46 (Williams, § 3695.43a); Acts 1968, ch. 529, § 4; 1975, ch. 139, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 6-2617; Acts 1984, ch. 794, § 4; 1987, ch. 422, § 7; 1989, ch. 139, § 5; 1989, ch. 221, §§ 6, 7; 1989, ch. 591, § 113; 2004, ch. 619, § 7; 2007 , ch. 243, § 1; 2008 , ch. 700, § 1; 2009 , ch. 72, § 1; 2010 , ch. 876, §§ 1, 3; 2011 , ch. 392, §§ 1, 4, 12; 2012 , ch. 604, § 6.
(a) (1) The commissioners of each utility district shall cause an audited annual financial report to be made of the books and records of their district. The comptroller of the treasury, through the department of audit, is responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards, and that such audits meet the minimum standards prescribed by the comptroller of the treasury. (2) In all counties and districts, the comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that the minimum audit standards prescribed by the comptroller are met. The manual shall not be applied to invalidate obligations contained in bond resolutions or other debt contracts, nor to modify any substantive legal powers or requirements applicable to utility districts.
(1) The commissioners of each utility district shall cause an audited annual financial report to be made of the books and records of their district. The comptroller of the treasury, through the department of audit, is responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards, and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(2) In all counties and districts, the comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that the minimum audit standards prescribed by the comptroller are met. The manual shall not be applied to invalidate obligations contained in bond resolutions or other debt contracts, nor to modify any substantive legal powers or requirements applicable to utility districts.
(b) The audits shall be prepared by certified public accountants, public accountants or by the department of audit. In the event the governing body of the utility district shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant, or public accountant or direct the department to prepare the audit, the cost of such audit to be paid by the utility district.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for utility districts whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Furthermore, the comptroller of the treasury is authorized to direct the department of audit to make an audit or financial review of the books and records of utility districts.
(d) A copy of such annual statement and audit shall be filed with the county mayor or mayors where publication is required in accordance with this section and § 7-82-608 .
(e) Audits performed by the internal audit staffs of the utility districts must be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) .
(f) (1) Any utility district that is a financially distressed utility district is subject to the supervision and evaluation of the Tennessee board of utility regulation created pursuant to part 7 of this chapter. (2) A government joint venture that supplies or treats water or wastewater for wholesale use only to other governments does not fall under the jurisdiction of the Tennessee board of utility regulation for the purpose of reporting negative change in net position annually, but must be referred to the board if the government joint venture is in a deficit or default position as described in subdivision (f)(3). (3) For the purposes of this chapter, "financially distressed utility district" means a utility district, and its system or systems, that, as shown by the audited annual financial reports, has a deficit in total net position in any one (1) year, has a deficit unrestricted net position in any one (1) year, is in default on an indebtedness, or has a negative change in net position for two (2) consecutive years without regard to any grants or capital contributions. For purposes of this section, "change in net position" means total revenues less all grants, capital contributions, and expenses.
(1) Any utility district that is a financially distressed utility district is subject to the supervision and evaluation of the Tennessee board of utility regulation created pursuant to part 7 of this chapter.
(2) A government joint venture that supplies or treats water or wastewater for wholesale use only to other governments does not fall under the jurisdiction of the Tennessee board of utility regulation for the purpose of reporting negative change in net position annually, but must be referred to the board if the government joint venture is in a deficit or default position as described in subdivision (f)(3).
(3) For the purposes of this chapter, "financially distressed utility district" means a utility district, and its system or systems, that, as shown by the audited annual financial reports, has a deficit in total net position in any one (1) year, has a deficit unrestricted net position in any one (1) year, is in default on an indebtedness, or has a negative change in net position for two (2) consecutive years without regard to any grants or capital contributions. For purposes of this section, "change in net position" means total revenues less all grants, capital contributions, and expenses.
(g) [Deleted by 2023 amendment.]
(h) [Deleted by 2023 amendment.]
(i) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 463, s 18, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 5, eff. 3/15/2022.
Amended by 2021 Tenn. Acts, ch. 226, s 1, eff. 4/22/2021.
Amended by 2018 Tenn. Acts, ch. 646, s 1, eff. 4/9/2018.
Amended by 2018 Tenn. Acts, ch. 495, s 4, eff. 2/22/2018.
Amended by 2017 Tenn. Acts, ch. 132, s 1, eff. 4/17/2017.
Amended by 2017 Tenn. Acts, ch. 129, Secs.s 3, s 4 eff. 4/17/2017.
Amended by 2015 Tenn. Acts, ch. 140, s 9, eff. 4/17/2015.
Amended by 2014 Tenn. Acts, ch. 628, Secs.s 7, s 8 eff. 4/4/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 6, eff. 4/19/2013.
Amended by 2013 Tenn. Acts, ch. 141, Secs.s 2, s 3 eff. 4/12/2013.
Acts 1949, ch. 256, § 1; C. Supp. 1950, § 3695.46 (Williams, § 3695.43a); Acts 1968, ch. 529, § 4; 1975, ch. 139, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 6-2617; Acts 1984, ch. 794, § 4; 1987, ch. 422, § 7; 1989, ch. 139, § 5; 1989, ch. 221, §§ 6, 7; 1989, ch. 591, § 113; 2004, ch. 619, § 7; 2007 , ch. 243, § 1; 2008 , ch. 700, § 1; 2009 , ch. 72, § 1; 2010 , ch. 876, §§ 1, 3; 2011 , ch. 392, §§ 1, 4, 12; 2012 , ch. 604, § 6.
Tenn. Code Ann. § 7-51-701 — TN Code / Title 7 / Chapter 51 / Section 7-51-701
[See Compiler's Notes] Automobile graveyards or junkyards - Licensing and control
Status: in_force

(a) For the purposes of this section, "automobile graveyard" means any lot or place that is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found. "Automobile graveyard" or "automobile junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only. (b) The governing body of each county, by resolution, and the governing body of each city, town or metropolitan government, by ordinance, may regulate and license the maintenance of automobile graveyards as defined in subsection (a), and may prescribe fines and other punishment for violations of such resolutions or ordinances. (c) No such ordinance shall be adopted until after notice of intention to propose the ordinance for adoption shall have been published prior to its adoption once a week for two (2) successive weeks in some newspaper published in such county or municipality or, if there is no newspaper published in the county or municipality, then in some newspaper having general circulation in such county or municipality, and no ordinance shall become effective until it has been published in full for two (2) successive weeks in a newspaper. Acts 1965, ch. 197, §§ 1-3; T.C.A., § 6-741.
(a) For the purposes of this section, "automobile graveyard" means any lot or place that is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found. "Automobile graveyard" or "automobile junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.
(b) The governing body of each county, by resolution, and the governing body of each city, town or metropolitan government, by ordinance, may regulate and license the maintenance of automobile graveyards as defined in subsection (a), and may prescribe fines and other punishment for violations of such resolutions or ordinances.
(c) No such ordinance shall be adopted until after notice of intention to propose the ordinance for adoption shall have been published prior to its adoption once a week for two (2) successive weeks in some newspaper published in such county or municipality or, if there is no newspaper published in the county or municipality, then in some newspaper having general circulation in such county or municipality, and no ordinance shall become effective until it has been published in full for two (2) successive weeks in a newspaper.
Acts 1965, ch. 197, §§ 1-3; T.C.A., § 6-741.
Tenn. Code Ann. § 7-51-1005 — TN Code / Title 7 / Chapter 51 / Section 7-51-1005
Authority of department of safety unaffected
Status: in_force

(a) Except as provided in § 7-51-1007(c) , this part shall not apply to any motor vehicles operating passenger services that are subject to the authority of the department of safety pursuant to title 65, chapter 15. (b) Except as provided in § 7-51-1007(c) , nothing in this part shall be construed as limiting or in any way interfering with the jurisdiction of the department of safety to regulate passenger operations in accordance with title 65, chapter 15. Acts 1985, ch. 380, § 5; 1995, ch. 305, § 79; 1999, ch. 262, §§ 2, 3.
(a) Except as provided in § 7-51-1007(c) , this part shall not apply to any motor vehicles operating passenger services that are subject to the authority of the department of safety pursuant to title 65, chapter 15.
(b) Except as provided in § 7-51-1007(c) , nothing in this part shall be construed as limiting or in any way interfering with the jurisdiction of the department of safety to regulate passenger operations in accordance with title 65, chapter 15.
Acts 1985, ch. 380, § 5; 1995, ch. 305, § 79; 1999, ch. 262, §§ 2, 3.
Tenn. Code Ann. § 7-51-901 — TN Code / Title 7 / Chapter 51 / Section 7-51-901
Part definitions
Status: in_force

Whenever used in this part, unless the context otherwise requires: (1) "Capital improvement property" means any real or tangible property needed for a governmental purpose and having a useful life of one (1) year or more, and any real or tangible personal property with respect to which capital outlay notes can be legally authorized and issued by a municipality; (2) "Contracting party" means any party to a contract, lease or lease-purchase agreement other than a municipality, and can include individuals, corporations, partnerships, other government agencies, and other business entities; (3) "Governing body" means the board or body in which the general legislative powers of the municipality are vested; (4) "Municipality" means any county or incorporated city or town of the state of Tennessee; (5) "Notice of meeting" means the notice of meeting referred to in this part; and (6) "Resolution" means any resolution duly adopted by a governing body pursuant to this part. Acts 1983, ch. 186, § 1.
Whenever used in this part, unless the context otherwise requires:
(1) "Capital improvement property" means any real or tangible property needed for a governmental purpose and having a useful life of one (1) year or more, and any real or tangible personal property with respect to which capital outlay notes can be legally authorized and issued by a municipality;
(2) "Contracting party" means any party to a contract, lease or lease-purchase agreement other than a municipality, and can include individuals, corporations, partnerships, other government agencies, and other business entities;
(3) "Governing body" means the board or body in which the general legislative powers of the municipality are vested;
(4) "Municipality" means any county or incorporated city or town of the state of Tennessee;
(5) "Notice of meeting" means the notice of meeting referred to in this part; and
(6) "Resolution" means any resolution duly adopted by a governing body pursuant to this part.
Acts 1983, ch. 186, § 1.
Tenn. Code Ann. § 7-36-108 — TN Code / Title 7 / Chapter 36 / Section 7-36-108
Independent operation of utility system
Status: in_force

Each system of the authority shall operate independently of the others and shall be self-sustaining, except insofar as the board may by resolution combine any of the systems which, in the opinion of the board, shall be advisable and economical and which by the general laws of the state or any federal laws or any contracts or indentures are not required to be operated separately. Telecommunications service shall continue to be maintained as a separate division pursuant to § 7-36-107(a)(6) . Amended by 2017 Tenn. Acts, ch. 446,s 12, eff. 5/25/2017. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Each system of the authority shall operate independently of the others and shall be self-sustaining, except insofar as the board may by resolution combine any of the systems which, in the opinion of the board, shall be advisable and economical and which by the general laws of the state or any federal laws or any contracts or indentures are not required to be operated separately. Telecommunications service shall continue to be maintained as a separate division pursuant to § 7-36-107(a)(6) .
Amended by 2017 Tenn. Acts, ch. 446,s 12, eff. 5/25/2017.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-37-115 — TN Code / Title 7 / Chapter 37 / Section 7-37-115
Rentals sufficient to pay bonds
Status: in_force

The governing body of a municipality issuing bonds pursuant to this chapter shall prescribe and collect rentals for industrial buildings, and shall revise the rentals from time to time whenever necessary so that the income and revenues to be derived from such rentals will always be sufficient to pay when due all bonds and interest on the bonds for the payment of which such revenues are pledged, including reserves for the payment of the bonds and interest on the bonds. Acts 1951, ch. 137, § 11 (Williams, § 4406.53k); 1959, ch. 152, § 4; T.C.A. (orig. ed.), § 6-1715.
The governing body of a municipality issuing bonds pursuant to this chapter shall prescribe and collect rentals for industrial buildings, and shall revise the rentals from time to time whenever necessary so that the income and revenues to be derived from such rentals will always be sufficient to pay when due all bonds and interest on the bonds for the payment of which such revenues are pledged, including reserves for the payment of the bonds and interest on the bonds.
Acts 1951, ch. 137, § 11 (Williams, § 4406.53k); 1959, ch. 152, § 4; T.C.A. (orig. ed.), § 6-1715.
Tenn. Code Ann. § 7-33-119 — TN Code / Title 7 / Chapter 33 / Section 7-33-119
Assessments pledged for payment of bonds
Status: in_force

The proceeds arising from the collection of assessments levied for improvements authorized by this part and part 2 of this chapter and chapter 32 of this title shall be and constitute a separate and distinct fund. Such fund, together with its accumulations, is hereby pledged for the payment of the bonds and interest coupons issued for the improvement or improvements from the assessments of which the fund arises, and shall be applied exclusively to the payment of the bonds and coupons. Acts 1913 (1st Ex. Sess.), ch. 18, § 12; Shan., § 1991a57; Code 1932, § 3464; modified; T.C.A. (orig. ed.), § 6-1219.
The proceeds arising from the collection of assessments levied for improvements authorized by this part and part 2 of this chapter and chapter 32 of this title shall be and constitute a separate and distinct fund. Such fund, together with its accumulations, is hereby pledged for the payment of the bonds and interest coupons issued for the improvement or improvements from the assessments of which the fund arises, and shall be applied exclusively to the payment of the bonds and coupons.
Acts 1913 (1st Ex. Sess.), ch. 18, § 12; Shan., § 1991a57; Code 1932, § 3464; modified; T.C.A. (orig. ed.), § 6-1219.
Tenn. Code Ann. § 7-52-203 — TN Code / Title 7 / Chapter 52 / Section 7-52-203
Law as remedial
Status: in_force

This part is remedial in nature and any power, authority or right hereby conferred shall be liberally construed, and, to this end, every municipality shall have the power, authority and right, in addition to those expressly conferred by this part, to do all things necessary or convenient in carrying out the purposes of this part. Acts 1935, ch. 37, § 3; C. Supp. 1950, § 3708.92 (Williams, § 3708.98); T.C.A. (orig. ed.), § 6-1537.
This part is remedial in nature and any power, authority or right hereby conferred shall be liberally construed, and, to this end, every municipality shall have the power, authority and right, in addition to those expressly conferred by this part, to do all things necessary or convenient in carrying out the purposes of this part.
Acts 1935, ch. 37, § 3; C. Supp. 1950, § 3708.92 (Williams, § 3708.98); T.C.A. (orig. ed.), § 6-1537.
Tenn. Code Ann. § 7-3-402 — TN Code / Title 7 / Chapter 3 / Section 7-3-402
Establishment of program
Status: in_force

The sheriff of any county having a metropolitan form of government is authorized to establish a residential restitution program for the purpose of allowing persons convicted of felony offenses and sentenced to the workhouse of such counties to reimburse the victim for the value of property stolen, or for damage caused by such offenses. The sheriff may promulgate rules and regulations necessary to administer the program, and the program shall be carried out using present facilities and administrative staff. Before any inmate is accepted into a restitution program, the inmate shall enter into an agreement to abide by the rules, regulations and special conditions established by the sheriff or the sheriff's designees. No inmate convicted of a felony for which the maximum punishment actually imposed is greater than five (5) years shall be eligible for such a program. Acts 1978, ch. 698, § 2; T.C.A., § 6-3739.
The sheriff of any county having a metropolitan form of government is authorized to establish a residential restitution program for the purpose of allowing persons convicted of felony offenses and sentenced to the workhouse of such counties to reimburse the victim for the value of property stolen, or for damage caused by such offenses. The sheriff may promulgate rules and regulations necessary to administer the program, and the program shall be carried out using present facilities and administrative staff. Before any inmate is accepted into a restitution program, the inmate shall enter into an agreement to abide by the rules, regulations and special conditions established by the sheriff or the sheriff's designees. No inmate convicted of a felony for which the maximum punishment actually imposed is greater than five (5) years shall be eligible for such a program.
Acts 1978, ch. 698, § 2; T.C.A., § 6-3739.
Tenn. Code Ann. § 7-57-204 — TN Code / Title 7 / Chapter 57 / Section 7-57-204
Pecuniary interest of trustees or employees in hospital facilities or contracts
Status: in_force

No trustee or employee of an authority shall, during such person's tenure as such trustee or employee, acquire any interest, direct or indirect, in any hospital facility or in any property included or planned to be included in any hospital facility; nor shall such person have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any hospital facility. If any trustee or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any hospital facility, such person shall immediately disclose the interest in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office, for which the trustee or employee may be removed by the governing bodies of the appropriate creating and participating municipalities. Acts 1971, ch. 316, § 8; T.C.A., § 6-4008.
No trustee or employee of an authority shall, during such person's tenure as such trustee or employee, acquire any interest, direct or indirect, in any hospital facility or in any property included or planned to be included in any hospital facility; nor shall such person have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any hospital facility. If any trustee or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any hospital facility, such person shall immediately disclose the interest in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office, for which the trustee or employee may be removed by the governing bodies of the appropriate creating and participating municipalities.
Acts 1971, ch. 316, § 8; T.C.A., § 6-4008.
Tenn. Code Ann. § 7-84-410 — TN Code / Title 7 / Chapter 84 / Section 7-84-410
Hearing - Board of review - Board representation by attorney
Status: in_force

The governing body of the municipality shall, at the public hearing, sit as a board of review with respect to all assessments levied. The governing body shall appoint an attorney to represent the board of assessment commissioners in such hearings, and the compensation of such attorney shall be a cost of the central business improvement district. Acts 1971, ch. 268, § 24; T.C.A., § 6-3924.
The governing body of the municipality shall, at the public hearing, sit as a board of review with respect to all assessments levied. The governing body shall appoint an attorney to represent the board of assessment commissioners in such hearings, and the compensation of such attorney shall be a cost of the central business improvement district.
Acts 1971, ch. 268, § 24; T.C.A., § 6-3924.
Tenn. Code Ann. § 7-32-133 — TN Code / Title 7 / Chapter 32 / Section 7-32-133
Date assessments due - Installment payments
Status: in_force

(a) All assessments levied by virtue of this chapter shall be due and payable within thirty (30) days after the assessment is made final pursuant to § 7-32-125 ; but at the election of the property owner, to be expressed by notice as provided in § 7-32-134 , the assessment may be paid in five (5) annual installments, and shall bear interest at the rate of six percent (6%) per annum, interest payable semiannually. (b) For an assessment levied pursuant to § 7-32-115(b) , the municipality may permit payment of the assessment in installments, made not more frequently than monthly and amortized for a period not to exceed thirty (30) years from the date of acquisition and accruing interest at a rate to be determined by the municipality; however, the interest rate shall not exceed the maximum rate of interest permitted by law. Property owners at the time of the initial assessment shall enter into a written agreement detailing the terms of the installment payments pursuant to § 7-32-134 . Acts 1913 (1st Ex. Sess.), ch. 18, § 7; Shan., § 1991a29; Acts 1921 Private, ch. 526, § 1; mod. Code 1932, § 3436; T.C.A. (orig. ed.), § 6-1133; Acts 2007, ch. 493, § 8; 2009, ch. 489, § 5.
(a) All assessments levied by virtue of this chapter shall be due and payable within thirty (30) days after the assessment is made final pursuant to § 7-32-125 ; but at the election of the property owner, to be expressed by notice as provided in § 7-32-134 , the assessment may be paid in five (5) annual installments, and shall bear interest at the rate of six percent (6%) per annum, interest payable semiannually.
(b) For an assessment levied pursuant to § 7-32-115(b) , the municipality may permit payment of the assessment in installments, made not more frequently than monthly and amortized for a period not to exceed thirty (30) years from the date of acquisition and accruing interest at a rate to be determined by the municipality; however, the interest rate shall not exceed the maximum rate of interest permitted by law. Property owners at the time of the initial assessment shall enter into a written agreement detailing the terms of the installment payments pursuant to § 7-32-134 .
Acts 1913 (1st Ex. Sess.), ch. 18, § 7; Shan., § 1991a29; Acts 1921 Private, ch. 526, § 1; mod. Code 1932, § 3436; T.C.A. (orig. ed.), § 6-1133; Acts 2007, ch. 493, § 8; 2009, ch. 489, § 5.
Tenn. Code Ann. § 7-81-306 — TN Code / Title 7 / Chapter 81 / Section 7-81-306
Clerk as acting mayor
Status: in_force

In case of the absence, resignation, or inability to act of the mayor, the town clerk shall take the mayor's place until the next regular meeting of the assembly, when another mayor shall be elected, if the assembly shall deem the mayor's absence sufficiently long to warrant another election. Acts 1901, ch. 64, § 22; Shan., § 2023a47; Code 1932, § 3678; T.C.A. (orig. ed.), § 6-2527.
In case of the absence, resignation, or inability to act of the mayor, the town clerk shall take the mayor's place until the next regular meeting of the assembly, when another mayor shall be elected, if the assembly shall deem the mayor's absence sufficiently long to warrant another election.
Acts 1901, ch. 64, § 22; Shan., § 2023a47; Code 1932, § 3678; T.C.A. (orig. ed.), § 6-2527.
Tenn. Code Ann. § 7-57-103 — TN Code / Title 7 / Chapter 57 / Section 7-57-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authority" or "hospital authority" means a public body and a body corporate and public organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions set forth in this chapter; (2) "Board" means the board of trustees of an authority; (3) "Creating municipality" means any city or metropolitan government having a population of not less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census, or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter; (4) "Executive officer" means the mayor, county mayor, or other chief executive officer of any creating or participating municipality; (5) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States; (6) "Governing body" means the chief legislative body of any creating or participating municipality; in counties having the commission form of government "chief legislative body" means the county legislative body; (7) "Hospital" and "hospital project" means and includes any one (1) or more hospitals and related facilities, including, but not limited to, land and interests in land, facilities and equipment for the treatment of all classes of patients, laboratories, clinics, treatment centers, nursing homes, rehabilitation centers, extended care facilities, dormitories, training facilities for medical students, doctors, nurses and all other medical or paramedical personnel, administration and office buildings, garages, parking lots and such other structures, facilities and improvements necessary or convenient to the development and maintenance of hospitals, and for the provision of health care; (8) "Ordinance" means any ordinance adopted by governing bodies pursuant to this chapter; (9) "Participating municipality" means any city, town or county, which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, shall have sold, leased, dedicated, donated or otherwise conveyed its hospitals to the authority for operation by the authority in order to make such hospital an operational part of its health care system; (10) "Resolution" means any resolution adopted by governing bodies pursuant to this chapter; (11) "State" means the state of Tennessee; and (12) "Trustee" means one (1) of the members of the board of an authority appointed in accordance with this chapter. Acts 1971, ch. 316, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 6-4003; Acts 2003, ch. 90, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Authority" or "hospital authority" means a public body and a body corporate and public organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions set forth in this chapter;
(2) "Board" means the board of trustees of an authority;
(3) "Creating municipality" means any city or metropolitan government having a population of not less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census, or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter;
(4) "Executive officer" means the mayor, county mayor, or other chief executive officer of any creating or participating municipality;
(5) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States;
(6) "Governing body" means the chief legislative body of any creating or participating municipality; in counties having the commission form of government "chief legislative body" means the county legislative body;
(7) "Hospital" and "hospital project" means and includes any one (1) or more hospitals and related facilities, including, but not limited to, land and interests in land, facilities and equipment for the treatment of all classes of patients, laboratories, clinics, treatment centers, nursing homes, rehabilitation centers, extended care facilities, dormitories, training facilities for medical students, doctors, nurses and all other medical or paramedical personnel, administration and office buildings, garages, parking lots and such other structures, facilities and improvements necessary or convenient to the development and maintenance of hospitals, and for the provision of health care;
(8) "Ordinance" means any ordinance adopted by governing bodies pursuant to this chapter;
(9) "Participating municipality" means any city, town or county, which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, shall have sold, leased, dedicated, donated or otherwise conveyed its hospitals to the authority for operation by the authority in order to make such hospital an operational part of its health care system;
(10) "Resolution" means any resolution adopted by governing bodies pursuant to this chapter;
(11) "State" means the state of Tennessee; and
(12) "Trustee" means one (1) of the members of the board of an authority appointed in accordance with this chapter.
Acts 1971, ch. 316, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 6-4003; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 7-58-101 — TN Code / Title 7 / Chapter 58 / Section 7-58-101
Chapter definitions - Approval of systems
Status: in_force

(a) As used in this chapter, unless the context otherwise requires: (1) "Approved system" means a solid waste disposal facility that has as its primary purpose the creation and recovery of energy from solid waste, as defined in subdivision (a)(4), and has as a secondary or incidental purpose the recovery of recyclable commodities, and which facility has been approved by the department of environment and conservation under authority granted to it by title 68, chapter 211; (2) "Department" means the department of environment and conservation; (3) "Resource recovery" means the recovery of material physically and economically suitable for further processing, recycling, and ultimate reuse; and (4) "Solid waste" means all municipal, commercial, or industrial solid waste normally collected and disposed of by local governments, such as garbage, rubbish, refuse, and other such similar and related materials, except those excluded by the department, which shall designate as "special waste" any hazardous or other waste it determines should not be processed in an approved system for reasons of public health or safety, or because the nature of the waste is such that it is not suitable for processing in an approved system, and such materials as are normally collected or accepted by private industry for the purpose of recycling and are not normally collected or accepted by local governments. (b) The department shall approve, under the terms of this chapter, any system that: (1) Is planned to handle solid waste in a manner compatible with the public health and safety; (2) Converts a substantial percentage of solid waste into fuel; and (3) Conserves resources. Acts 1976, ch. 488, § 8; T.C.A., § 6-4108.
(a) As used in this chapter, unless the context otherwise requires: (1) "Approved system" means a solid waste disposal facility that has as its primary purpose the creation and recovery of energy from solid waste, as defined in subdivision (a)(4), and has as a secondary or incidental purpose the recovery of recyclable commodities, and which facility has been approved by the department of environment and conservation under authority granted to it by title 68, chapter 211; (2) "Department" means the department of environment and conservation; (3) "Resource recovery" means the recovery of material physically and economically suitable for further processing, recycling, and ultimate reuse; and (4) "Solid waste" means all municipal, commercial, or industrial solid waste normally collected and disposed of by local governments, such as garbage, rubbish, refuse, and other such similar and related materials, except those excluded by the department, which shall designate as "special waste" any hazardous or other waste it determines should not be processed in an approved system for reasons of public health or safety, or because the nature of the waste is such that it is not suitable for processing in an approved system, and such materials as are normally collected or accepted by private industry for the purpose of recycling and are not normally collected or accepted by local governments.
(1) "Approved system" means a solid waste disposal facility that has as its primary purpose the creation and recovery of energy from solid waste, as defined in subdivision (a)(4), and has as a secondary or incidental purpose the recovery of recyclable commodities, and which facility has been approved by the department of environment and conservation under authority granted to it by title 68, chapter 211;
(2) "Department" means the department of environment and conservation;
(3) "Resource recovery" means the recovery of material physically and economically suitable for further processing, recycling, and ultimate reuse; and
(4) "Solid waste" means all municipal, commercial, or industrial solid waste normally collected and disposed of by local governments, such as garbage, rubbish, refuse, and other such similar and related materials, except those excluded by the department, which shall designate as "special waste" any hazardous or other waste it determines should not be processed in an approved system for reasons of public health or safety, or because the nature of the waste is such that it is not suitable for processing in an approved system, and such materials as are normally collected or accepted by private industry for the purpose of recycling and are not normally collected or accepted by local governments.
(b) The department shall approve, under the terms of this chapter, any system that: (1) Is planned to handle solid waste in a manner compatible with the public health and safety; (2) Converts a substantial percentage of solid waste into fuel; and (3) Conserves resources.
(1) Is planned to handle solid waste in a manner compatible with the public health and safety;
(2) Converts a substantial percentage of solid waste into fuel; and
(3) Conserves resources.
Acts 1976, ch. 488, § 8; T.C.A., § 6-4108.
Tenn. Code Ann. § 7-84-416 — TN Code / Title 7 / Chapter 84 / Section 7-84-416
Lien on property affected
Status: in_force

An assessment, any interest accruing on the assessment, and the costs of collection of the assessment shall constitute a lien on and against the property upon which the assessment is levied on the effective date of the ordinance levying the assessment, which lien shall be superior to the lien of any trust deed, mortgage, mechanic's or material supplier's lien, or other encumbrance, except those of the state, county, or municipality for taxes. Such lien shall, however, survive any sale of the property for or on account of any unpaid taxes, and may be enforced by attachment and sale in bar of the equity of redemption, except as provided in § 7-84-417 , in the chancery court or in any other lawful manner. Acts 1971, ch. 268, § 30; T.C.A., § 6-3930.
An assessment, any interest accruing on the assessment, and the costs of collection of the assessment shall constitute a lien on and against the property upon which the assessment is levied on the effective date of the ordinance levying the assessment, which lien shall be superior to the lien of any trust deed, mortgage, mechanic's or material supplier's lien, or other encumbrance, except those of the state, county, or municipality for taxes. Such lien shall, however, survive any sale of the property for or on account of any unpaid taxes, and may be enforced by attachment and sale in bar of the equity of redemption, except as provided in § 7-84-417 , in the chancery court or in any other lawful manner.
Acts 1971, ch. 268, § 30; T.C.A., § 6-3930.
Tenn. Code Ann. § 7-65-108 — TN Code / Title 7 / Chapter 65 / Section 7-65-108
Board of directors
Status: in_force

(a) The authority shall have a board of directors in which all powers of the authority shall be vested and that shall consist of any number of directors, no fewer than five (5), a majority of whom shall be duly qualified electors of and taxpayers in the municipality. The directors shall serve as such without compensation, except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties under this chapter. No director shall be an officer or employee of the municipality. The directors shall be appointed by the executive officer of the municipality with the approval of the governing body of the municipality, and they shall be so appointed that they shall hold office for staggered terms. At the time of the appointment of the first board of directors, the executive officer of the municipality shall divide the directors into three (3) groups containing as near equal whole numbers as possible. The first term of the directors included in the first group shall be two (2) years, the first term of the directors included in the second group shall be four (4) years, the first term of the directors included in the third group shall be six (6) years, and thereafter the terms of all 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, then the director whose term shall have expired shall continue to hold office until such director's successor shall have been so appointed. (b) In the event that an existing parking authority shall elect to be governed by this chapter, the executive officer of the municipality, with the approval of the governing body of the municipality, may appoint as directors of the authority the members of the board of directors of the existing parking authority serving immediately prior to its dissolution, and such directors shall thereafter serve in accordance with this section. (c) The directors shall meet and organize as a board and shall elect one (1) of their members as chair, one (1) as vice chair, one (1) as treasurer and one (1) as secretary, and such officers shall annually be elected thereafter in a like manner. The duties of secretary and treasurer may be performed by the same director. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting, and such resolution shall take effect immediately and need not be published or posted. Acts 1980, ch. 826, § 8.
(a) The authority shall have a board of directors in which all powers of the authority shall be vested and that shall consist of any number of directors, no fewer than five (5), a majority of whom shall be duly qualified electors of and taxpayers in the municipality. The directors shall serve as such without compensation, except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties under this chapter. No director shall be an officer or employee of the municipality. The directors shall be appointed by the executive officer of the municipality with the approval of the governing body of the municipality, and they shall be so appointed that they shall hold office for staggered terms. At the time of the appointment of the first board of directors, the executive officer of the municipality shall divide the directors into three (3) groups containing as near equal whole numbers as possible. The first term of the directors included in the first group shall be two (2) years, the first term of the directors included in the second group shall be four (4) years, the first term of the directors included in the third group shall be six (6) years, and thereafter the terms of all 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, then the director whose term shall have expired shall continue to hold office until such director's successor shall have been so appointed.
(b) In the event that an existing parking authority shall elect to be governed by this chapter, the executive officer of the municipality, with the approval of the governing body of the municipality, may appoint as directors of the authority the members of the board of directors of the existing parking authority serving immediately prior to its dissolution, and such directors shall thereafter serve in accordance with this section.
(c) The directors shall meet and organize as a board and shall elect one (1) of their members as chair, one (1) as vice chair, one (1) as treasurer and one (1) as secretary, and such officers shall annually be elected thereafter in a like manner. The duties of secretary and treasurer may be performed by the same director. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting, and such resolution shall take effect immediately and need not be published or posted.
Acts 1980, ch. 826, § 8.
Tenn. Code Ann. § 7-86-403 — TN Code / Title 7 / Chapter 86 / Section 7-86-403
Free access to 911 telephone services - Upgrades to hardware or software systems - Liability
Status: in_force

(a) Except as otherwise provided in subsection (b): (1) An entity that owns or controls a telephone system that is capable of outbound dialing or access shall configure the telephone system to allow a person initiating a 911 call on the telephone system direct access to 911 service without an additional code, digit, prefix, postfix, or trunk access code; and (2) An entity that owns or operates a residential or business facility utilizing a telephone system configured in accordance with subdivision (a)(1) shall configure the telephone system to provide notification to a central location on the site of the residential or business facility when a person within the facility dials 911. This subdivision (a)(2) does not require the entity to have a person available at the central location to receive the notification. (b) If an entity would be required to replace or upgrade any component of its telephone system, including any hardware or software necessary for the operation of the telephone system, for the purposes of compliance with subsection (a), the entity shall not be required to comply with subsection (a) until the entity utilizes a telephone system that is capable of being configured in accordance with subsection (a). (c) An entity shall not be liable in any civil or criminal action based solely upon the failure of the entity to configure a telephone system in accordance with subsection (a). Added by 2016 Tenn. Acts, ch. 808,s 1, eff. 1/1/2017.
(a) Except as otherwise provided in subsection (b): (1) An entity that owns or controls a telephone system that is capable of outbound dialing or access shall configure the telephone system to allow a person initiating a 911 call on the telephone system direct access to 911 service without an additional code, digit, prefix, postfix, or trunk access code; and (2) An entity that owns or operates a residential or business facility utilizing a telephone system configured in accordance with subdivision (a)(1) shall configure the telephone system to provide notification to a central location on the site of the residential or business facility when a person within the facility dials 911. This subdivision (a)(2) does not require the entity to have a person available at the central location to receive the notification.
(1) An entity that owns or controls a telephone system that is capable of outbound dialing or access shall configure the telephone system to allow a person initiating a 911 call on the telephone system direct access to 911 service without an additional code, digit, prefix, postfix, or trunk access code; and
(2) An entity that owns or operates a residential or business facility utilizing a telephone system configured in accordance with subdivision (a)(1) shall configure the telephone system to provide notification to a central location on the site of the residential or business facility when a person within the facility dials 911. This subdivision (a)(2) does not require the entity to have a person available at the central location to receive the notification.
(b) If an entity would be required to replace or upgrade any component of its telephone system, including any hardware or software necessary for the operation of the telephone system, for the purposes of compliance with subsection (a), the entity shall not be required to comply with subsection (a) until the entity utilizes a telephone system that is capable of being configured in accordance with subsection (a).
(c) An entity shall not be liable in any civil or criminal action based solely upon the failure of the entity to configure a telephone system in accordance with subsection (a).
Added by 2016 Tenn. Acts, ch. 808,s 1, eff. 1/1/2017.
Tenn. Code Ann. § 7-85-101 — TN Code / Title 7 / Chapter 85 / Section 7-85-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Foreign Trade Zone Act." Acts 1981, ch. 411, § 1.
This chapter shall be known and may be cited as the "Foreign Trade Zone Act."
Acts 1981, ch. 411, § 1.
Tenn. Code Ann. § 7-5-111 — TN Code / Title 7 / Chapter 5 / Section 7-5-111
Powers of creating municipalities
Status: in_force

Any creating municipality has all of the necessary powers in order to further the purposes of this chapter, including, without limitation, the following, any or all of which powers may be exercised by resolution of its governing body: (1) Advance, donate or lend money, raised from any source and by any means, or real or personal property to the authority; (2) Provide that any funds on hand or to become available to it for port purposes shall be paid directly to the authority; (3) Cause water, sewer, gas, electric or other utility services to be provided to the authority; (4) Open and improve streets, roads and alleys to the port; (5) Provide police and fire protection services to the port; and (6) Pledge the full faith and credit and unlimited taxing power of the municipality as surety for the payment of the authority's bonds in accordance with the procedure for industrial development corporations as set out in §§ 7-53-306 and 7-53-307 . None of the foregoing powers may be exercised either directly or indirectly by the municipality to provide real estate that had been condemned by eminent domain subsequent to March 29, 1979, while such real estate was in use as residential dwellings, it being the intent of this chapter that none of the power or authority created in this chapter and vested in either the creating municipality or the authority to be created shall be exercised in such a way that real estate utilized in creating or carrying out the purposes or functions of the authority provided in § 7-5-104 shall have been condemned or acquired by eminent domain after March 29, 1979, while it was in use as residential dwellings. Acts 1979, ch. 95, § 11; T.C.A., § 6-3760.
Any creating municipality has all of the necessary powers in order to further the purposes of this chapter, including, without limitation, the following, any or all of which powers may be exercised by resolution of its governing body:
(1) Advance, donate or lend money, raised from any source and by any means, or real or personal property to the authority;
(2) Provide that any funds on hand or to become available to it for port purposes shall be paid directly to the authority;
(3) Cause water, sewer, gas, electric or other utility services to be provided to the authority;
(4) Open and improve streets, roads and alleys to the port;
(5) Provide police and fire protection services to the port; and
(6) Pledge the full faith and credit and unlimited taxing power of the municipality as surety for the payment of the authority's bonds in accordance with the procedure for industrial development corporations as set out in §§ 7-53-306 and 7-53-307 . None of the foregoing powers may be exercised either directly or indirectly by the municipality to provide real estate that had been condemned by eminent domain subsequent to March 29, 1979, while such real estate was in use as residential dwellings, it being the intent of this chapter that none of the power or authority created in this chapter and vested in either the creating municipality or the authority to be created shall be exercised in such a way that real estate utilized in creating or carrying out the purposes or functions of the authority provided in § 7-5-104 shall have been condemned or acquired by eminent domain after March 29, 1979, while it was in use as residential dwellings.
Acts 1979, ch. 95, § 11; T.C.A., § 6-3760.
Tenn. Code Ann. § 7-58-108 — TN Code / Title 7 / Chapter 58 / Section 7-58-108
Assistance of department
Status: in_force

The department is authorized to assist any operator or potential operator of an approved system and the local governments involved in the design and location of required transfer stations, and in the design and location of sanitary landfills or other disposal facilities in connection with the transfer stations to dispose of special waste. Acts 1976, ch. 488, § 7; T.C.A., § 6-4107.
The department is authorized to assist any operator or potential operator of an approved system and the local governments involved in the design and location of required transfer stations, and in the design and location of sanitary landfills or other disposal facilities in connection with the transfer stations to dispose of special waste.
Acts 1976, ch. 488, § 7; T.C.A., § 6-4107.
Tenn. Code Ann. § 7-40-101 — TN Code / Title 7 / Chapter 40 / Section 7-40-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Border Region Retail Tourism Development District Act." Acts 2011, ch. 420, § 2.
This chapter shall be known and may be cited as the "Border Region Retail Tourism Development District Act."
Acts 2011, ch. 420, § 2.
Tenn. Code Ann. § 7-84-711 — TN Code / Title 7 / Chapter 84 / Section 7-84-711
District area - Residential requirement
Status: in_force

(a) An infrastructure development district created by one (1) or more host municipalities must: (1) Be composed of not less than five (5) acres; or (2) Contemplate a capital cost for the development of the district of not less than five million dollars ($5,000,000). (b) At least one-half (½) of the area in the district must be expected to be used for residential housing, whether single family or multifamily, as described in the petition. (c) An infrastructure development district created by one (1) or more host municipalities may embrace two (2) or more separate property areas. The jurisdiction of a host municipality to make and provide, finance, and levy assessments for infrastructure costs within a district is not impaired by a lack of commonness, unity, or singleness of the location, purpose or character of the infrastructure, or by the fact that any one (1) or more of the properties included in the district are subsequently determined not to be benefited by such infrastructure, or by a particular portion of the infrastructure, and is not assessed for such infrastructure costs. (d) The creation or existence of a district is not subject to challenge if any of the projections of capital costs, residential use, or other matters contained in the petition are not achieved. Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
(a) An infrastructure development district created by one (1) or more host municipalities must: (1) Be composed of not less than five (5) acres; or (2) Contemplate a capital cost for the development of the district of not less than five million dollars ($5,000,000).
(1) Be composed of not less than five (5) acres; or
(2) Contemplate a capital cost for the development of the district of not less than five million dollars ($5,000,000).
(b) At least one-half (½) of the area in the district must be expected to be used for residential housing, whether single family or multifamily, as described in the petition.
(c) An infrastructure development district created by one (1) or more host municipalities may embrace two (2) or more separate property areas. The jurisdiction of a host municipality to make and provide, finance, and levy assessments for infrastructure costs within a district is not impaired by a lack of commonness, unity, or singleness of the location, purpose or character of the infrastructure, or by the fact that any one (1) or more of the properties included in the district are subsequently determined not to be benefited by such infrastructure, or by a particular portion of the infrastructure, and is not assessed for such infrastructure costs.
(d) The creation or existence of a district is not subject to challenge if any of the projections of capital costs, residential use, or other matters contained in the petition are not achieved.
Added by 2024 Tenn. Acts, ch. 860,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 7-1-111 — TN Code / Title 7 / Chapter 1 / Section 7-1-111
Electric power boards - Removal of members of certain utility boards - Salary increase
Status: in_force

(a) Notwithstanding any law to the contrary, any electric power board having a customer service greater than two hundred thousand (200,000) active electric meters within a county having a metropolitan form of government shall be composed of at least seven (7) members. (b) The initial term of office of the two (2) additional members of the electric power board appointed pursuant to this section shall be for a period of five (5) years and three (3) years respectively, with each such appointment to be effective July 1, 1988. Each successive term of office shall be for a period of five (5) years from the date of expiration of the preceding term of office. (c) Any member of a utility board created under the charter of a metropolitan government that has a population in excess of four hundred thousand (400,000), according to the 1980 federal census or any subsequent federal census, may be removed from office upon a vote of three-fourths (¾) of the members of the governing body of such metropolitan government, but only after the assertion of reasons for removal as set forth in a resolution passed by three-fourths (¾) of the members of such governing body and only after the holding of a public hearing before such governing body. (d) No officer of an electric system owned and operated by a metropolitan government shall receive any salary increase that exceeds ten percent (10%) of such officer's base salary for the previous year unless such increase is approved by a unanimous vote of the board. Acts 1988, ch. 681, §§ 1, 2; 1991, ch. 390, § 1; 1991, ch. 517, § 2.
(a) Notwithstanding any law to the contrary, any electric power board having a customer service greater than two hundred thousand (200,000) active electric meters within a county having a metropolitan form of government shall be composed of at least seven (7) members.
(b) The initial term of office of the two (2) additional members of the electric power board appointed pursuant to this section shall be for a period of five (5) years and three (3) years respectively, with each such appointment to be effective July 1, 1988. Each successive term of office shall be for a period of five (5) years from the date of expiration of the preceding term of office.
(c) Any member of a utility board created under the charter of a metropolitan government that has a population in excess of four hundred thousand (400,000), according to the 1980 federal census or any subsequent federal census, may be removed from office upon a vote of three-fourths (¾) of the members of the governing body of such metropolitan government, but only after the assertion of reasons for removal as set forth in a resolution passed by three-fourths (¾) of the members of such governing body and only after the holding of a public hearing before such governing body.
(d) No officer of an electric system owned and operated by a metropolitan government shall receive any salary increase that exceeds ten percent (10%) of such officer's base salary for the previous year unless such increase is approved by a unanimous vote of the board.
Acts 1988, ch. 681, §§ 1, 2; 1991, ch. 390, § 1; 1991, ch. 517, § 2.
Tenn. Code Ann. § 7-57-404 — TN Code / Title 7 / Chapter 57 / Section 7-57-404
Failure to conduct audit - Court order - Contempt
Status: in_force

In the event any hospital authority shall fail or refuse to provide for an annual audit and have such audit prepared and filed as set forth in §§ 7-57-402 and 7-57-403 , or should such audit fail to certify whether or not the hospital authority has operated within its approved annual operating budget and capital budget, the governing body or governing bodies of any creating or participating municipality of such authority may petition the circuit or chancery court of the county wherein the authority operates a hospital to require the authority to have such audit and certification prepared and filed as provided in §§ 7-57-402 and 7-57-403 . The judge of the court shall set a time for the hearing of such petition and after notice to the authority shall hear and determine the petition. In the event it is determined that the authority has failed to comply with the provisions relative to the preparation and filing of the audit and certification, the judge shall pass such orders as are necessary to effectuate compliance with the provisions. In the event the authority fails to have an audit and certification prepared and filed as required by the court order, the members of the authority shall be subject to contempt proceedings by the court as provided by law. Acts 1971, ch. 316, § 18; T.C.A., § 6-4021.
In the event any hospital authority shall fail or refuse to provide for an annual audit and have such audit prepared and filed as set forth in §§ 7-57-402 and 7-57-403 , or should such audit fail to certify whether or not the hospital authority has operated within its approved annual operating budget and capital budget, the governing body or governing bodies of any creating or participating municipality of such authority may petition the circuit or chancery court of the county wherein the authority operates a hospital to require the authority to have such audit and certification prepared and filed as provided in §§ 7-57-402 and 7-57-403 . The judge of the court shall set a time for the hearing of such petition and after notice to the authority shall hear and determine the petition. In the event it is determined that the authority has failed to comply with the provisions relative to the preparation and filing of the audit and certification, the judge shall pass such orders as are necessary to effectuate compliance with the provisions. In the event the authority fails to have an audit and certification prepared and filed as required by the court order, the members of the authority shall be subject to contempt proceedings by the court as provided by law.
Acts 1971, ch. 316, § 18; T.C.A., § 6-4021.
Tenn. Code Ann. § 7-84-628 — TN Code / Title 7 / Chapter 84 / Section 7-84-628
Penalty for late payment
Status: in_force

In case of failure to pay any assessment or installment provided for under this part on or before the date prescribed by the governing body for such payment, there shall be added to the assessment both interest of one percent (1%) per month and a penalty of one percent (1%) per month of the amount of such assessment or installment. Acts 2003, ch. 195, § 1.
In case of failure to pay any assessment or installment provided for under this part on or before the date prescribed by the governing body for such payment, there shall be added to the assessment both interest of one percent (1%) per month and a penalty of one percent (1%) per month of the amount of such assessment or installment.
Acts 2003, ch. 195, § 1.