Tenn. Code Ann. § 64-2-408 — TN Code / Title 64 / Chapter 2 / Section 64-2-408
Funds and funding
Status: in_force

The authority has the powers with respect to finance as follows and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters: (1) (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale; (B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract shall not be subject to revision or change except in such manner as is provided in such lease or contract; (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof; (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes; (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable; (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes; (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes. With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and (2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part. Acts 1983, ch. 302, § 8; 1989, ch. 403, § 10; 2005, ch. 396, § 17.
The authority has the powers with respect to finance as follows and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters:
(1) (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale; (B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract shall not be subject to revision or change except in such manner as is provided in such lease or contract; (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof; (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes; (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable; (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes; (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes. With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
(A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale;
(B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract shall not be subject to revision or change except in such manner as is provided in such lease or contract;
(C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof;
(D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes;
(E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable;
(F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes;
(G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes. With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
(2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part.
Acts 1983, ch. 302, § 8; 1989, ch. 403, § 10; 2005, ch. 396, § 17.
Tenn. Code Ann. § 64-2-302 — TN Code / Title 64 / Chapter 2 / Section 64-2-302
Effective date
Status: in_force

This part shall take effect when: (1) Two (2) or more of the counties of Coffee, Warren and White and the cities of Manchester, Doyle, McMinnville, Morrison, Tullahoma and Sparta are authorized by a majority vote of their respective governing bodies to become members of the authority; (2) Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that presiding officer to the secretary of state; and (3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 16; T.C.A., § 66-2-302.
This part shall take effect when:
(1) Two (2) or more of the counties of Coffee, Warren and White and the cities of Manchester, Doyle, McMinnville, Morrison, Tullahoma and Sparta are authorized by a majority vote of their respective governing bodies to become members of the authority;
(2) Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that presiding officer to the secretary of state; and
(3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 16; T.C.A., § 66-2-302.
Tenn. Code Ann. § 64-1-908 — TN Code / Title 64 / Chapter 1 / Section 64-1-908
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022. Acts 1991, ch. 308, § 1.
Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022.
Acts 1991, ch. 308, § 1.
Tenn. Code Ann. § 64-2-413 — TN Code / Title 64 / Chapter 2 / Section 64-2-413
Liberal construction
Status: in_force

(a) This part is remedial in nature and shall be liberally construed to effect its purposes of: (1) Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority; (2) Encouraging utilization of the natural resources therein; and (3) Promoting the growth and development of commerce and industry in the counties and cities. (b) Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments. Acts 1983, ch. 302, § 15.
(a) This part is remedial in nature and shall be liberally construed to effect its purposes of: (1) Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority; (2) Encouraging utilization of the natural resources therein; and (3) Promoting the growth and development of commerce and industry in the counties and cities.
(1) Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority;
(2) Encouraging utilization of the natural resources therein; and
(3) Promoting the growth and development of commerce and industry in the counties and cities.
(b) Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.
Acts 1983, ch. 302, § 15.
Tenn. Code Ann. § 64-5-103 — TN Code / Title 64 / Chapter 5 / Section 64-5-103
Membership of board - Proxy voting - Executive committee - Board meetings open to public
Status: in_force

(a) (1) Effective July 1, 2012, the membership of the board shall be as follows: (A) (1) The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or (2) In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment; (B) One (1) person who resides within the region shall be appointed by the speaker of the house of representatives, to be appointed for a term of two (2) years; and (C) One (1) person who resides within the region shall be appointed by the speaker of the senate, to be appointed for a term of two (2) years. (2) The board in existence on May 21, 2012, shall terminate at twelve o'clock (12:00) midnight June 30, 2012. (b) Any member of the board may authorize someone to represent that member and vote by proxy upon written notification of the same to the chair of the board prior to commencement of the board meeting in which the member is to be absent. (c) The board may establish an advisory committee consisting of twenty-five (25) members, with five (5) members from each of the five (5) counties in the region selected in such manner as the board determines to provide a wide range of viewpoints. The board shall endeavor to have the advisory committee reflect a broad range of socioeconomic backgrounds in its membership. The terms of the members of the advisory committee shall be set by a resolution of the board in such manner as to create a staggered-term system to provide continuity on the advisory committee. (d) At least annually, the board shall hold a meeting at which members of the general public are allowed to address the board. Further, prior to the adoption of any resolution authorizing a bond issue pursuant to this chapter, the board shall hold a public hearing to examine the opinions of members of the general public on the issue. (e) All meetings of the board and advisory committee shall be public and shall comply with the state law on open meetings, compiled in title 8, chapter 44. Acts 1986, ch. 789, § 3; 2001, ch. 150, §§ 1, 2; 2003, ch. 90, § 2; 2006, ch. 614, §§ 1, 2; 2010, ch. 619, § 1; 2012, ch. 1033, § 2.
(a) (1) Effective July 1, 2012, the membership of the board shall be as follows: (A) (1) The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or (2) In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment; (B) One (1) person who resides within the region shall be appointed by the speaker of the house of representatives, to be appointed for a term of two (2) years; and (C) One (1) person who resides within the region shall be appointed by the speaker of the senate, to be appointed for a term of two (2) years. (2) The board in existence on May 21, 2012, shall terminate at twelve o'clock (12:00) midnight June 30, 2012.
(1) Effective July 1, 2012, the membership of the board shall be as follows: (A) (1) The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or (2) In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment; (B) One (1) person who resides within the region shall be appointed by the speaker of the house of representatives, to be appointed for a term of two (2) years; and (C) One (1) person who resides within the region shall be appointed by the speaker of the senate, to be appointed for a term of two (2) years.
(A) (1) The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or (2) In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment;
(1) The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or
(2) In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment;
(B) One (1) person who resides within the region shall be appointed by the speaker of the house of representatives, to be appointed for a term of two (2) years; and
(C) One (1) person who resides within the region shall be appointed by the speaker of the senate, to be appointed for a term of two (2) years.
(2) The board in existence on May 21, 2012, shall terminate at twelve o'clock (12:00) midnight June 30, 2012.
(b) Any member of the board may authorize someone to represent that member and vote by proxy upon written notification of the same to the chair of the board prior to commencement of the board meeting in which the member is to be absent.
(c) The board may establish an advisory committee consisting of twenty-five (25) members, with five (5) members from each of the five (5) counties in the region selected in such manner as the board determines to provide a wide range of viewpoints. The board shall endeavor to have the advisory committee reflect a broad range of socioeconomic backgrounds in its membership. The terms of the members of the advisory committee shall be set by a resolution of the board in such manner as to create a staggered-term system to provide continuity on the advisory committee.
(d) At least annually, the board shall hold a meeting at which members of the general public are allowed to address the board. Further, prior to the adoption of any resolution authorizing a bond issue pursuant to this chapter, the board shall hold a public hearing to examine the opinions of members of the general public on the issue.
(e) All meetings of the board and advisory committee shall be public and shall comply with the state law on open meetings, compiled in title 8, chapter 44.
Acts 1986, ch. 789, § 3; 2001, ch. 150, §§ 1, 2; 2003, ch. 90, § 2; 2006, ch. 614, §§ 1, 2; 2010, ch. 619, § 1; 2012, ch. 1033, § 2.
Tenn. Code Ann. § 64-5-109 — TN Code / Title 64 / Chapter 5 / Section 64-5-109
Public works projects authorized
Status: in_force

The authority is authorized and empowered to construct and/or operate and maintain any public works project within the region. No such project shall be constructed without the authority first having obtained the consent of the county or municipality within whose jurisdiction the project is located. For this purpose, "public works project" includes any one (1) or more or any combination of the following: airports, bridges, tunnels, viaducts, hospitals, sanitaria, dispensaries, nursing homes, almshouses, public buildings, plazas, schools, roads, flood control works, water mains and lines, highways, port and dock facilities, including any terminal storage and transportation facilities incident to port and dock facilities, industrial parks, which are defined as lands, and rights, easements and franchises relating to lands, and may include adequate roads and streets, water and sewer facilities, utilities and docks and terminals as required for the use of industry, in aid of the state's public policy of industrial growth and expansion, and all property, real and personal, appurtenant thereto or connected with such work, undertaking or project and the existing work, if any, to which such work, undertaking or project is an extension, addition, betterment or improvement. This enumeration shall not exclude any other project for the benefit of the people in the region where any state or federal agency will match the funds of the county with grants-in-aid or gratuities to subsidize or assist the development of such project. Acts 1986, ch. 789, § 9.
The authority is authorized and empowered to construct and/or operate and maintain any public works project within the region. No such project shall be constructed without the authority first having obtained the consent of the county or municipality within whose jurisdiction the project is located. For this purpose, "public works project" includes any one (1) or more or any combination of the following: airports, bridges, tunnels, viaducts, hospitals, sanitaria, dispensaries, nursing homes, almshouses, public buildings, plazas, schools, roads, flood control works, water mains and lines, highways, port and dock facilities, including any terminal storage and transportation facilities incident to port and dock facilities, industrial parks, which are defined as lands, and rights, easements and franchises relating to lands, and may include adequate roads and streets, water and sewer facilities, utilities and docks and terminals as required for the use of industry, in aid of the state's public policy of industrial growth and expansion, and all property, real and personal, appurtenant thereto or connected with such work, undertaking or project and the existing work, if any, to which such work, undertaking or project is an extension, addition, betterment or improvement. This enumeration shall not exclude any other project for the benefit of the people in the region where any state or federal agency will match the funds of the county with grants-in-aid or gratuities to subsidize or assist the development of such project.
Acts 1986, ch. 789, § 9.
Tenn. Code Ann. § 64-2-213 — TN Code / Title 64 / Chapter 2 / Section 64-2-213
Liberal construction
Status: in_force

This part is remedial in nature and shall be liberally construed to effect its purposes of promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority; encouraging utilization of the natural resources therein; and promoting the growth and development of commerce and industry in the counties and cities. Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments. Acts 1977, ch. 479, § 16; T.C.A., §§ 65-3113, 66-2-213.
This part is remedial in nature and shall be liberally construed to effect its purposes of promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority; encouraging utilization of the natural resources therein; and promoting the growth and development of commerce and industry in the counties and cities. Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.
Acts 1977, ch. 479, § 16; T.C.A., §§ 65-3113, 66-2-213.
Tenn. Code Ann. § 64-10-101 — TN Code / Title 64 / Chapter 10 / Section 64-10-101
Creation - Purposes
Status: in_force

(a) The East Tennessee regional agribusiness marketing authority is hereby created as a public body corporate and politic, referred to as the "authority" in this part. The authority is a public and governmental body acting as an agent and instrumentality of the counties with respect to which the authority is organized. As such, all property of the authority, both real and personal, are exempt from all local, state and federal taxation. (b) The acquisition, operating and financing of the authority and related purposes are hereby declared to be for public and governmental purposes and a matter of public necessity to further the economy and growth of the agricultural industry of the region. (c) The purposes of the East Tennessee regional agribusiness marketing authority are to: (1) Establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products and to provide the citizens of the region and other buyers a convenient place to purchase these products; (2) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining a system or systems within the region served by the authority as provided in this part; and (3) Further the economy and growth of the region served by the authority by developing, marketing, and promoting facilities for warehousing, distribution, light manufacturing, and agribusiness purposes. Amended by 2019 Tenn. Acts, ch. 180,s 1, eff. 4/23/2019. Acts 1998, ch. 998, § 2; 2011, ch. 419, § 1.
(a) The East Tennessee regional agribusiness marketing authority is hereby created as a public body corporate and politic, referred to as the "authority" in this part. The authority is a public and governmental body acting as an agent and instrumentality of the counties with respect to which the authority is organized. As such, all property of the authority, both real and personal, are exempt from all local, state and federal taxation.
(b) The acquisition, operating and financing of the authority and related purposes are hereby declared to be for public and governmental purposes and a matter of public necessity to further the economy and growth of the agricultural industry of the region.
(c) The purposes of the East Tennessee regional agribusiness marketing authority are to: (1) Establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products and to provide the citizens of the region and other buyers a convenient place to purchase these products; (2) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining a system or systems within the region served by the authority as provided in this part; and (3) Further the economy and growth of the region served by the authority by developing, marketing, and promoting facilities for warehousing, distribution, light manufacturing, and agribusiness purposes.
(1) Establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products and to provide the citizens of the region and other buyers a convenient place to purchase these products;
(2) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining a system or systems within the region served by the authority as provided in this part; and
(3) Further the economy and growth of the region served by the authority by developing, marketing, and promoting facilities for warehousing, distribution, light manufacturing, and agribusiness purposes.
Amended by 2019 Tenn. Acts, ch. 180,s 1, eff. 4/23/2019.
Acts 1998, ch. 998, § 2; 2011, ch. 419, § 1.
Tenn. Code Ann. § 64-2-403 — TN Code / Title 64 / Chapter 2 / Section 64-2-403
Powers
Status: in_force

(a) Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible. (b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this section, in connection therewith, are declared to be public and corporate purposes and matters of public necessity. (c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property. Acts 1983, ch. 302, §§ 1, 2, 12.
(a) Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible.
(b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this section, in connection therewith, are declared to be public and corporate purposes and matters of public necessity.
(c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.
Acts 1983, ch. 302, §§ 1, 2, 12.
Tenn. Code Ann. § 64-6-108 — TN Code / Title 64 / Chapter 6 / Section 64-6-108
Economic impact plan - Allocation of taxes
Status: in_force

(a) The authority is authorized to prepare and submit to the participating municipalities for approval an economic impact plan in the manner described in this section. (b) An economic impact plan shall be a written document and shall specifically identify the area to be included in the plan. The area to be included in the plan shall be located in the participating municipalities and shall also include the county in which the megasite is located. In addition to the megasite, the area that is the subject of the economic impact plan may also include any other properties that the authority determines will be directly improved or benefited due to the undertaking of the megasite. The area may include one (1) or more portions that are not contiguous to the rest of the area. The economic impact plan shall: (1) Identify the boundaries of the area subject to the plan; (2) Discuss the expected benefits to the participating counties from the development of the area subject to the plan, including anticipated tax receipts and jobs created; and (3) Provide that the property taxes imposed on the property, including the personal property, located within the area subject to the plan shall be distributable in the manner described in subsection (c) for a period of time specified in the plan. (c) Upon the approval by the participating municipalities of an economic impact plan with respect to an area, all property taxes levied upon property located within the area by any taxing agency after the effective date of the plan shall be divided as follows: (1) That portion of the taxes that is equal to the amount of taxes, if any, that were payable with respect to the property for the year prior to the date the economic impact plan was approved, the base tax amount, to the participating municipalities shall be allocated to and, when collected, shall be paid to the respective taxing agencies as taxes levied by those taxing agencies on all other property are paid; provided, that in any year in which the taxes on any property are less than the base tax amount, there shall be allocated and paid to the respective taxing agencies only those taxes actually imposed; and (2) Any excess of taxes over the base tax amount shall be allocated to and, when collected, shall be paid into a separate fund of the authority established to hold such payments until applied for the purposes described in subsection (h). (d) Notwithstanding subsection (a) to the contrary, the authority may prepare, and the participating municipalities may approve, an economic impact plan that allocates an amount greater than the base tax amount to the taxing agencies. (e) An economic impact plan shall not provide for an allocation of taxes to the authority for a period in excess of thirty (30) years. (f) The governing bodies of the participating municipalities may approve an economic impact plan by resolution, notwithstanding any local charter provision or other provision to the contrary. If the area subject to an economic impact plan is located within the corporate limits of a municipality, the taxes that would otherwise be payable to the municipality or county shall not be paid to the authority unless the city, town or county has also approved the economic impact plan. (g) Before the authority submits an economic impact plan for approval to the governing bodies of the participating municipalities or to any other municipality, the authority shall hold a public hearing relating to the proposed plan after publishing adequate public notice of the public hearing at least two (2) weeks prior to the date of the public hearing. The notice shall include the time, place and purpose of the public hearing, and notice of how a map of the area subject to the plan can be viewed by the public. (h) All taxes allocated to the authority pursuant to this section shall only be applied by the authority to pay expenses of the board in furtherance of promoting economic development in the participating municipalities, to pay the cost of projects or to pay debt service on bonds or other obligations issued by the authority to pay the cost of the projects. The authority is authorized to pledge any or all amounts received by the authority pursuant to this section to the payment of such bonds or other obligations. (i) After the approval by a municipality of an economic impact plan, the clerk or other recording official of the municipality shall transmit to the appropriate tax assessors and to each taxing agency to be affected, a copy of the description of all property within the area subject to the economic impact plan and a copy of the resolution approving that plan. If the plan is approved by any taxing agency other than the municipality, the clerk or other recording official of that taxing agency shall also provide a copy of the resolution approving the plan to the tax assessors and taxing agencies. Acts 2007 , ch. 426, §1; 2009 , ch. 158, §§ 13, 14.
(a) The authority is authorized to prepare and submit to the participating municipalities for approval an economic impact plan in the manner described in this section.
(b) An economic impact plan shall be a written document and shall specifically identify the area to be included in the plan. The area to be included in the plan shall be located in the participating municipalities and shall also include the county in which the megasite is located. In addition to the megasite, the area that is the subject of the economic impact plan may also include any other properties that the authority determines will be directly improved or benefited due to the undertaking of the megasite. The area may include one (1) or more portions that are not contiguous to the rest of the area. The economic impact plan shall: (1) Identify the boundaries of the area subject to the plan; (2) Discuss the expected benefits to the participating counties from the development of the area subject to the plan, including anticipated tax receipts and jobs created; and (3) Provide that the property taxes imposed on the property, including the personal property, located within the area subject to the plan shall be distributable in the manner described in subsection (c) for a period of time specified in the plan.
(1) Identify the boundaries of the area subject to the plan;
(2) Discuss the expected benefits to the participating counties from the development of the area subject to the plan, including anticipated tax receipts and jobs created; and
(3) Provide that the property taxes imposed on the property, including the personal property, located within the area subject to the plan shall be distributable in the manner described in subsection (c) for a period of time specified in the plan.
(c) Upon the approval by the participating municipalities of an economic impact plan with respect to an area, all property taxes levied upon property located within the area by any taxing agency after the effective date of the plan shall be divided as follows: (1) That portion of the taxes that is equal to the amount of taxes, if any, that were payable with respect to the property for the year prior to the date the economic impact plan was approved, the base tax amount, to the participating municipalities shall be allocated to and, when collected, shall be paid to the respective taxing agencies as taxes levied by those taxing agencies on all other property are paid; provided, that in any year in which the taxes on any property are less than the base tax amount, there shall be allocated and paid to the respective taxing agencies only those taxes actually imposed; and (2) Any excess of taxes over the base tax amount shall be allocated to and, when collected, shall be paid into a separate fund of the authority established to hold such payments until applied for the purposes described in subsection (h).
(1) That portion of the taxes that is equal to the amount of taxes, if any, that were payable with respect to the property for the year prior to the date the economic impact plan was approved, the base tax amount, to the participating municipalities shall be allocated to and, when collected, shall be paid to the respective taxing agencies as taxes levied by those taxing agencies on all other property are paid; provided, that in any year in which the taxes on any property are less than the base tax amount, there shall be allocated and paid to the respective taxing agencies only those taxes actually imposed; and
(2) Any excess of taxes over the base tax amount shall be allocated to and, when collected, shall be paid into a separate fund of the authority established to hold such payments until applied for the purposes described in subsection (h).
(d) Notwithstanding subsection (a) to the contrary, the authority may prepare, and the participating municipalities may approve, an economic impact plan that allocates an amount greater than the base tax amount to the taxing agencies.
(e) An economic impact plan shall not provide for an allocation of taxes to the authority for a period in excess of thirty (30) years.
(f) The governing bodies of the participating municipalities may approve an economic impact plan by resolution, notwithstanding any local charter provision or other provision to the contrary. If the area subject to an economic impact plan is located within the corporate limits of a municipality, the taxes that would otherwise be payable to the municipality or county shall not be paid to the authority unless the city, town or county has also approved the economic impact plan.
(g) Before the authority submits an economic impact plan for approval to the governing bodies of the participating municipalities or to any other municipality, the authority shall hold a public hearing relating to the proposed plan after publishing adequate public notice of the public hearing at least two (2) weeks prior to the date of the public hearing. The notice shall include the time, place and purpose of the public hearing, and notice of how a map of the area subject to the plan can be viewed by the public.
(h) All taxes allocated to the authority pursuant to this section shall only be applied by the authority to pay expenses of the board in furtherance of promoting economic development in the participating municipalities, to pay the cost of projects or to pay debt service on bonds or other obligations issued by the authority to pay the cost of the projects. The authority is authorized to pledge any or all amounts received by the authority pursuant to this section to the payment of such bonds or other obligations.
(i) After the approval by a municipality of an economic impact plan, the clerk or other recording official of the municipality shall transmit to the appropriate tax assessors and to each taxing agency to be affected, a copy of the description of all property within the area subject to the economic impact plan and a copy of the resolution approving that plan. If the plan is approved by any taxing agency other than the municipality, the clerk or other recording official of that taxing agency shall also provide a copy of the resolution approving the plan to the tax assessors and taxing agencies.
Acts 2007 , ch. 426, §1; 2009 , ch. 158, §§ 13, 14.
Tenn. Code Ann. § 64-1-809 — TN Code / Title 64 / Chapter 1 / Section 64-1-809
Local contributions to authority - Tax levy
Status: in_force

(a) Carroll County and any city or town in Carroll County are hereby authorized and empowered to contribute to the work of the Carroll County watershed development authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, approve to be paid from the general fund of the respective county or city. (b) The county legislative bodies and governing bodies of such cities or towns are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes. Acts 1984, ch. 680, § 9; 2000, ch. 958, § 6.
(a) Carroll County and any city or town in Carroll County are hereby authorized and empowered to contribute to the work of the Carroll County watershed development authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, approve to be paid from the general fund of the respective county or city.
(b) The county legislative bodies and governing bodies of such cities or towns are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes.
Acts 1984, ch. 680, § 9; 2000, ch. 958, § 6.
Tenn. Code Ann. § 64-4-111 — TN Code / Title 64 / Chapter 4 / Section 64-4-111
Bondholders' rights in event of default
Status: in_force

(a) The county legislative body or the board of commissioners authorizing and issuing bonds has the power, by resolution, to confer upon any holder or holders of a specified amount or percentage of bonds, including a trustee or trustees, for such holders, the rights, in the event of an "event of default," as defined in such resolution or as may be defined in any agreement with the holder or holders of such bonds, or trustee or trustees thereof: (1) By suit, action or proceedings in any court of competent jurisdiction, to obtain the appointment of a receiver of the authority's facilities, or any part or parts thereof. If such receiver be appointed, the receiver may enter and take possession of such facilities or part or parts thereof, and operate and maintain the same, and collect and receive all revenues thereafter arising therefrom, in the same manner as the authority itself might do, and shall deposit such moneys in a separate account or accounts, and apply the same in accordance with the obligations of the bonds issued under this chapter, as the court may direct; and (2) By suit, action or proceedings in any court of competent jurisdiction, to require the county legislative body authorizing and issuing the bonds, or the board, to act as if such body or board was the trustee of an express trust. (b) Any such resolution shall constitute a contract between the port authority or county, or both, and the holders of bonds of such issue. Acts 1980, ch. 900, § 11; T.C.A., § 66-4-111.
(a) The county legislative body or the board of commissioners authorizing and issuing bonds has the power, by resolution, to confer upon any holder or holders of a specified amount or percentage of bonds, including a trustee or trustees, for such holders, the rights, in the event of an "event of default," as defined in such resolution or as may be defined in any agreement with the holder or holders of such bonds, or trustee or trustees thereof: (1) By suit, action or proceedings in any court of competent jurisdiction, to obtain the appointment of a receiver of the authority's facilities, or any part or parts thereof. If such receiver be appointed, the receiver may enter and take possession of such facilities or part or parts thereof, and operate and maintain the same, and collect and receive all revenues thereafter arising therefrom, in the same manner as the authority itself might do, and shall deposit such moneys in a separate account or accounts, and apply the same in accordance with the obligations of the bonds issued under this chapter, as the court may direct; and (2) By suit, action or proceedings in any court of competent jurisdiction, to require the county legislative body authorizing and issuing the bonds, or the board, to act as if such body or board was the trustee of an express trust.
(1) By suit, action or proceedings in any court of competent jurisdiction, to obtain the appointment of a receiver of the authority's facilities, or any part or parts thereof. If such receiver be appointed, the receiver may enter and take possession of such facilities or part or parts thereof, and operate and maintain the same, and collect and receive all revenues thereafter arising therefrom, in the same manner as the authority itself might do, and shall deposit such moneys in a separate account or accounts, and apply the same in accordance with the obligations of the bonds issued under this chapter, as the court may direct; and
(2) By suit, action or proceedings in any court of competent jurisdiction, to require the county legislative body authorizing and issuing the bonds, or the board, to act as if such body or board was the trustee of an express trust.
(b) Any such resolution shall constitute a contract between the port authority or county, or both, and the holders of bonds of such issue.
Acts 1980, ch. 900, § 11; T.C.A., § 66-4-111.
Tenn. Code Ann. § 64-1-906 — TN Code / Title 64 / Chapter 1 / Section 64-1-906
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022. Acts 1991, ch. 308, § 1.
Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022.
Acts 1991, ch. 308, § 1.
Tenn. Code Ann. § 64-5-116 — TN Code / Title 64 / Chapter 5 / Section 64-5-116
Employees' retirement
Status: in_force

The employees of the authority are eligible for membership in the Tennessee consolidated retirement system pursuant to title 8, chapter 35, part 2, and the board shall provide the necessary contributions to the Tennessee consolidated retirement system for its employees. This section does not preclude the board from contracting with individuals for their personal services under a contract of limited duration and not including retirement benefits to such individuals. Acts 1986, ch. 789, § 16; 2003, ch. 12, § 9.
The employees of the authority are eligible for membership in the Tennessee consolidated retirement system pursuant to title 8, chapter 35, part 2, and the board shall provide the necessary contributions to the Tennessee consolidated retirement system for its employees. This section does not preclude the board from contracting with individuals for their personal services under a contract of limited duration and not including retirement benefits to such individuals.
Acts 1986, ch. 789, § 16; 2003, ch. 12, § 9.
Tenn. Code Ann. § 64-10-103 — TN Code / Title 64 / Chapter 10 / Section 64-10-103
Board of directors
Status: in_force

(a) (1) Subject to subsection (b), the authority shall be governed by a board of directors consisting of the county mayor of each county, or the county mayor's designee, that is a member of the authority. Subject to § 64-10-115 , the following counties shall comprise the authority: Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington counties. (2) The term of any designee shall expire with the term of the county mayor who appointed such designee. The initial terms of designees, if any, shall be as follows: The initial terms of the designee from Claiborne, Cocke, Grainger and Greene counties shall be one-year terms; the initial terms of the designees from Hamblen, Hancock, Hawkins and Jefferson counties shall be two-year terms; and the initial terms of the designee from Johnson, Sullivan, Unicoi and Washington counties shall be three-year terms. Thereafter the term of office for each designee shall be a three-year term. (3) The board shall also have two (2) nonvoting members as follows: the commissioner of agriculture or the commissioner's designee, and the dean of the University of Tennessee extension, or the dean's designee. The board of directors shall at its first meeting of each calendar year elect from its voting membership a chair, a vice chair, a secretary and a treasurer, each to serve terms of one (1) year and until a successor is elected. (4) The term of office of the county mayor on the board shall be coterminous with such official's elective term of office. (b) Should a designee board member attend less than fifty percent (50%) of the called meetings during a calendar year, the board reserves the right to declare a vacancy on the board for that position. The board shall then notify the county mayor who appointed such designee of such vacancy and, if such county mayor fails to appoint a new designee within thirty (30) days, then the board shall by majority vote replace such member with a knowledgeable person from the county for which a vacancy was declared by the board. (c) The board shall meet at least semiannually. More frequent meetings may be called at the discretion of the board. Acts 1998, ch. 998, § 4; 2003 , ch. 90, § 2; 2004, ch. 517, § 13.
(a) (1) Subject to subsection (b), the authority shall be governed by a board of directors consisting of the county mayor of each county, or the county mayor's designee, that is a member of the authority. Subject to § 64-10-115 , the following counties shall comprise the authority: Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington counties. (2) The term of any designee shall expire with the term of the county mayor who appointed such designee. The initial terms of designees, if any, shall be as follows: The initial terms of the designee from Claiborne, Cocke, Grainger and Greene counties shall be one-year terms; the initial terms of the designees from Hamblen, Hancock, Hawkins and Jefferson counties shall be two-year terms; and the initial terms of the designee from Johnson, Sullivan, Unicoi and Washington counties shall be three-year terms. Thereafter the term of office for each designee shall be a three-year term. (3) The board shall also have two (2) nonvoting members as follows: the commissioner of agriculture or the commissioner's designee, and the dean of the University of Tennessee extension, or the dean's designee. The board of directors shall at its first meeting of each calendar year elect from its voting membership a chair, a vice chair, a secretary and a treasurer, each to serve terms of one (1) year and until a successor is elected. (4) The term of office of the county mayor on the board shall be coterminous with such official's elective term of office.
(1) Subject to subsection (b), the authority shall be governed by a board of directors consisting of the county mayor of each county, or the county mayor's designee, that is a member of the authority. Subject to § 64-10-115 , the following counties shall comprise the authority: Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington counties.
(2) The term of any designee shall expire with the term of the county mayor who appointed such designee. The initial terms of designees, if any, shall be as follows: The initial terms of the designee from Claiborne, Cocke, Grainger and Greene counties shall be one-year terms; the initial terms of the designees from Hamblen, Hancock, Hawkins and Jefferson counties shall be two-year terms; and the initial terms of the designee from Johnson, Sullivan, Unicoi and Washington counties shall be three-year terms. Thereafter the term of office for each designee shall be a three-year term.
(3) The board shall also have two (2) nonvoting members as follows: the commissioner of agriculture or the commissioner's designee, and the dean of the University of Tennessee extension, or the dean's designee. The board of directors shall at its first meeting of each calendar year elect from its voting membership a chair, a vice chair, a secretary and a treasurer, each to serve terms of one (1) year and until a successor is elected.
(4) The term of office of the county mayor on the board shall be coterminous with such official's elective term of office.
(b) Should a designee board member attend less than fifty percent (50%) of the called meetings during a calendar year, the board reserves the right to declare a vacancy on the board for that position. The board shall then notify the county mayor who appointed such designee of such vacancy and, if such county mayor fails to appoint a new designee within thirty (30) days, then the board shall by majority vote replace such member with a knowledgeable person from the county for which a vacancy was declared by the board.
(c) The board shall meet at least semiannually. More frequent meetings may be called at the discretion of the board.
Acts 1998, ch. 998, § 4; 2003 , ch. 90, § 2; 2004, ch. 517, § 13.
Tenn. Code Ann. § 64-2-106 — TN Code / Title 64 / Chapter 2 / Section 64-2-106
Powers and duties of directors
Status: in_force

(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions: (1) To acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve, within the boundaries of the authority, the properties and facilities described in § 64-2-103 and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority; (2) To accept donations to the authority of cash, lands or other property to be used in the furtherance of the purposes of this part; (3) To accept grants, loans or other financial assistance from any federal, state, county or municipal agency or other aid for the acquisition or improvement of any of the facilities of the authority; (4) To purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purposes of the authority; (5) To acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority; (6) (A) To make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable, for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) To make all other contracts and execute all other instruments, including, but not limited to, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under the authority's jurisdiction and the construction, operation, maintenance, repair and improvement of the property and facilities, as, in the judgment of the board of directors, may be necessary, proper or advisable for the furtherance of the purposes of this part, and the full exercise of the powers granted in this section; and (C) To carry out and perform the covenants, terms and conditions of all such contracts or instruments; (7) To establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under the authority's jurisdiction and for services that the authority may render; (8) To enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority; (9) To promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and (10) To do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government. (b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under the authority's jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government. Acts 2005, ch. 396, § 7.
(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions: (1) To acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve, within the boundaries of the authority, the properties and facilities described in § 64-2-103 and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority; (2) To accept donations to the authority of cash, lands or other property to be used in the furtherance of the purposes of this part; (3) To accept grants, loans or other financial assistance from any federal, state, county or municipal agency or other aid for the acquisition or improvement of any of the facilities of the authority; (4) To purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purposes of the authority; (5) To acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority; (6) (A) To make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable, for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) To make all other contracts and execute all other instruments, including, but not limited to, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under the authority's jurisdiction and the construction, operation, maintenance, repair and improvement of the property and facilities, as, in the judgment of the board of directors, may be necessary, proper or advisable for the furtherance of the purposes of this part, and the full exercise of the powers granted in this section; and (C) To carry out and perform the covenants, terms and conditions of all such contracts or instruments; (7) To establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under the authority's jurisdiction and for services that the authority may render; (8) To enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority; (9) To promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and (10) To do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(1) To acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve, within the boundaries of the authority, the properties and facilities described in § 64-2-103 and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
(2) To accept donations to the authority of cash, lands or other property to be used in the furtherance of the purposes of this part;
(3) To accept grants, loans or other financial assistance from any federal, state, county or municipal agency or other aid for the acquisition or improvement of any of the facilities of the authority;
(4) To purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purposes of the authority;
(5) To acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
(6) (A) To make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable, for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) To make all other contracts and execute all other instruments, including, but not limited to, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under the authority's jurisdiction and the construction, operation, maintenance, repair and improvement of the property and facilities, as, in the judgment of the board of directors, may be necessary, proper or advisable for the furtherance of the purposes of this part, and the full exercise of the powers granted in this section; and (C) To carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(A) To make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable, for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
(B) To make all other contracts and execute all other instruments, including, but not limited to, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under the authority's jurisdiction and the construction, operation, maintenance, repair and improvement of the property and facilities, as, in the judgment of the board of directors, may be necessary, proper or advisable for the furtherance of the purposes of this part, and the full exercise of the powers granted in this section; and
(C) To carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(7) To establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under the authority's jurisdiction and for services that the authority may render;
(8) To enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
(9) To promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
(10) To do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under the authority's jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
Acts 2005, ch. 396, § 7.
Tenn. Code Ann. § 64-4-101 — TN Code / Title 64 / Chapter 4 / Section 64-4-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee River Four-County Port Authority Act." Acts 1980, ch. 900, § 1; T.C.A., § 66-4-101 .
This chapter shall be known and may be cited as the "Tennessee River Four-County Port Authority Act."
Acts 1980, ch. 900, § 1; T.C.A., § 66-4-101 .
Tenn. Code Ann. § 64-1-103 — TN Code / Title 64 / Chapter 1 / Section 64-1-103
Cooperation with Tennessee Valley authority and other agencies
Status: in_force

(a) The authority is further authorized to: (1) Cooperate with the Tennessee Valley authority in a study of engineering works as part of plans for comprehensive development of the Beech River watershed and in a study of the economic effects of such works in terms of agricultural production, industrial locations, trade, land values and county and state tax revenues; (2) Ascertain the availability of, and obtain to the extent possible, commitments from local interests for financial contributions toward the cost of constructing, operating and maintaining such works; (3) Negotiate with the Tennessee Valley authority regarding assistance by that agency in planning and financing the works; (4) Report to the governor on plans that may be developed for constructing, operating and maintaining the projects, including recommendations for further legislation to put such plans into effect; and (5) Cooperate with other groups authorized to investigate state participation in federal water projects. (b) All agencies of the state are hereby authorized, empowered and directed to extend their cooperation and assistance to the authority in the formulation and implementation of its program of development. Acts 1961, ch. 315, § 3; 1963, ch. 343, § 3; T.C.A., § 66-1-103 .
(a) The authority is further authorized to: (1) Cooperate with the Tennessee Valley authority in a study of engineering works as part of plans for comprehensive development of the Beech River watershed and in a study of the economic effects of such works in terms of agricultural production, industrial locations, trade, land values and county and state tax revenues; (2) Ascertain the availability of, and obtain to the extent possible, commitments from local interests for financial contributions toward the cost of constructing, operating and maintaining such works; (3) Negotiate with the Tennessee Valley authority regarding assistance by that agency in planning and financing the works; (4) Report to the governor on plans that may be developed for constructing, operating and maintaining the projects, including recommendations for further legislation to put such plans into effect; and (5) Cooperate with other groups authorized to investigate state participation in federal water projects.
(1) Cooperate with the Tennessee Valley authority in a study of engineering works as part of plans for comprehensive development of the Beech River watershed and in a study of the economic effects of such works in terms of agricultural production, industrial locations, trade, land values and county and state tax revenues;
(2) Ascertain the availability of, and obtain to the extent possible, commitments from local interests for financial contributions toward the cost of constructing, operating and maintaining such works;
(3) Negotiate with the Tennessee Valley authority regarding assistance by that agency in planning and financing the works;
(4) Report to the governor on plans that may be developed for constructing, operating and maintaining the projects, including recommendations for further legislation to put such plans into effect; and
(5) Cooperate with other groups authorized to investigate state participation in federal water projects.
(b) All agencies of the state are hereby authorized, empowered and directed to extend their cooperation and assistance to the authority in the formulation and implementation of its program of development.
Acts 1961, ch. 315, § 3; 1963, ch. 343, § 3; T.C.A., § 66-1-103 .
Tenn. Code Ann. § 64-1-510 — TN Code / Title 64 / Chapter 1 / Section 64-1-510
Cooperation from state agencies
Status: in_force

All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the agency in the formulation and implementation of its planning and development program. Acts 1968, ch. 460, § 10; T.C.A., § 66-1-510.
All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the agency in the formulation and implementation of its planning and development program.
Acts 1968, ch. 460, § 10; T.C.A., § 66-1-510.
Tenn. Code Ann. § 64-2-412 — TN Code / Title 64 / Chapter 2 / Section 64-2-412
Audit of operations
Status: in_force

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. (b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority. (c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Acts 1983, ch. 302, § 9; 2005, ch. 396, § 18.
(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.
Acts 1983, ch. 302, § 9; 2005, ch. 396, § 18.
Tenn. Code Ann. § 64-1-609 — TN Code / Title 64 / Chapter 1 / Section 64-1-609
Legislative findings - Alternative source analysis - Long-term plan for development of viable sources of water for watershed
Status: in_force

(a) The general assembly finds that: (1) The Duck River is approximately two hundred sixty-nine (269) miles long, and is the longest river in Tennessee that is totally contained within the state; (2) The watershed for the Duck River is one of the most biodiverse rivers in North America containing over one hundred fifty (150) species of fish, more species than the entire continent of Europe; (3) Over two hundred thousand (200,000) Tennesseans rely on the Duck River for drinking water; (4) The long-term viability of the Duck River may be impacted by increased utilization of its water for human consumption and agricultural purposes; (5) A dependable source of water for human consumption and agricultural purposes is essential to the health, safety and welfare of the persons who live in the Duck River watershed, as well as the economic vitality of the region; and (6) Increasing the use of the waters of the Duck River for human consumption and agricultural purposes may impact the health of the river and the ability of the river to support fish and aquatic life and to be a source of recreation for the citizens of the state. (b) Consistent with the findings in subsection (a), the Duck River development agency is authorized and directed to undertake an alternative source analysis with the goal of establishing a long-term plan for the development of viable sources of water for the citizens of the Duck River watershed. The options to be considered by the alternative source analysis shall include pipelines to the Tennessee and Cumberland Rivers, the enlargement of existing impoundments, the development of new impoundments and other options that merit consideration as determined by the Duck River development agency. The alternative source analysis shall include the infrastructure required, the estimated costs and the feasibility of funding alternative source projects through bonds issued by the Duck River development agency supported by revenues generated from the sales of water. In conducting the alternative source study, the Duck River development agency shall seek input and cooperation from the Tennessee advisory commission on intergovernmental relations, local water districts and authorities, the department of environment and conservation, the Tennessee Valley authority, the army corps of engineers and other agencies, organizations and persons as the agency deems appropriate. The first alternative source analysis shall be set forth in a written report to be delivered to the speakers of the senate and the house of representatives by March 1, 2011, with copies sent to all legislators whose districts are wholly or partially within the Duck River watershed area. The alternative source analysis shall be updated annually by a report delivered to the speakers of the senate and the house of representatives by March 1 of each year beginning in 2012, with copies to all legislators whose districts are wholly or partially within the Duck River watershed area. Acts 2008 , ch. 1021, § 3; 2009 , ch. 222, § 1.
(a) The general assembly finds that: (1) The Duck River is approximately two hundred sixty-nine (269) miles long, and is the longest river in Tennessee that is totally contained within the state; (2) The watershed for the Duck River is one of the most biodiverse rivers in North America containing over one hundred fifty (150) species of fish, more species than the entire continent of Europe; (3) Over two hundred thousand (200,000) Tennesseans rely on the Duck River for drinking water; (4) The long-term viability of the Duck River may be impacted by increased utilization of its water for human consumption and agricultural purposes; (5) A dependable source of water for human consumption and agricultural purposes is essential to the health, safety and welfare of the persons who live in the Duck River watershed, as well as the economic vitality of the region; and (6) Increasing the use of the waters of the Duck River for human consumption and agricultural purposes may impact the health of the river and the ability of the river to support fish and aquatic life and to be a source of recreation for the citizens of the state.
(1) The Duck River is approximately two hundred sixty-nine (269) miles long, and is the longest river in Tennessee that is totally contained within the state;
(2) The watershed for the Duck River is one of the most biodiverse rivers in North America containing over one hundred fifty (150) species of fish, more species than the entire continent of Europe;
(3) Over two hundred thousand (200,000) Tennesseans rely on the Duck River for drinking water;
(4) The long-term viability of the Duck River may be impacted by increased utilization of its water for human consumption and agricultural purposes;
(5) A dependable source of water for human consumption and agricultural purposes is essential to the health, safety and welfare of the persons who live in the Duck River watershed, as well as the economic vitality of the region; and
(6) Increasing the use of the waters of the Duck River for human consumption and agricultural purposes may impact the health of the river and the ability of the river to support fish and aquatic life and to be a source of recreation for the citizens of the state.
(b) Consistent with the findings in subsection (a), the Duck River development agency is authorized and directed to undertake an alternative source analysis with the goal of establishing a long-term plan for the development of viable sources of water for the citizens of the Duck River watershed. The options to be considered by the alternative source analysis shall include pipelines to the Tennessee and Cumberland Rivers, the enlargement of existing impoundments, the development of new impoundments and other options that merit consideration as determined by the Duck River development agency. The alternative source analysis shall include the infrastructure required, the estimated costs and the feasibility of funding alternative source projects through bonds issued by the Duck River development agency supported by revenues generated from the sales of water. In conducting the alternative source study, the Duck River development agency shall seek input and cooperation from the Tennessee advisory commission on intergovernmental relations, local water districts and authorities, the department of environment and conservation, the Tennessee Valley authority, the army corps of engineers and other agencies, organizations and persons as the agency deems appropriate. The first alternative source analysis shall be set forth in a written report to be delivered to the speakers of the senate and the house of representatives by March 1, 2011, with copies sent to all legislators whose districts are wholly or partially within the Duck River watershed area. The alternative source analysis shall be updated annually by a report delivered to the speakers of the senate and the house of representatives by March 1 of each year beginning in 2012, with copies to all legislators whose districts are wholly or partially within the Duck River watershed area.
Acts 2008 , ch. 1021, § 3; 2009 , ch. 222, § 1.
Tenn. Code Ann. § 64-2-307 — TN Code / Title 64 / Chapter 2 / Section 64-2-307
Eminent domain
Status: in_force

(a) The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part as set forth in §§ 64-2-301 and 64-2-303(a) . Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17. (b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately, or as soon and upon such terms as the court, in its discretion, may deem proper and just. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 7; T.C.A., § 66-2-307.
(a) The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part as set forth in §§ 64-2-301 and 64-2-303(a) . Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately, or as soon and upon such terms as the court, in its discretion, may deem proper and just.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 7; T.C.A., § 66-2-307.
Tenn. Code Ann. § 64-6-102 — TN Code / Title 64 / Chapter 6 / Section 64-6-102
Chapter definitions
Status: in_force

As used in this chapter, terms shall be as defined in § 7-53-101 , except as provided below or unless the context otherwise requires: (1) "Authority" means a regional megasite authority created pursuant to this chapter; (2) "Governing body" means the legislative body of a county or the legislative body of an incorporated municipality; (3) "Megasite" means a site certified as being suitable and available for development for significant economic and industrial investment as provided in § 64-6-103 ; and (4) "Project" means all or any part of, or any interest in, any land and building, including an office building, any facility or other improvement on the land and all real and personal properties located either on a megasite or off a megasite deemed necessary in connection with the megasite, whether or not now in existence, that are suitable for any industrial or commercial enterprises or any combination of the land, buildings, facilities, improvements or real or personal properties located at the megasite. Acts 2007 , ch. 426, §1; 2009 , ch. 158, § 2.
As used in this chapter, terms shall be as defined in § 7-53-101 , except as provided below or unless the context otherwise requires:
(1) "Authority" means a regional megasite authority created pursuant to this chapter;
(2) "Governing body" means the legislative body of a county or the legislative body of an incorporated municipality;
(3) "Megasite" means a site certified as being suitable and available for development for significant economic and industrial investment as provided in § 64-6-103 ; and
(4) "Project" means all or any part of, or any interest in, any land and building, including an office building, any facility or other improvement on the land and all real and personal properties located either on a megasite or off a megasite deemed necessary in connection with the megasite, whether or not now in existence, that are suitable for any industrial or commercial enterprises or any combination of the land, buildings, facilities, improvements or real or personal properties located at the megasite.
Acts 2007 , ch. 426, §1; 2009 , ch. 158, § 2.
Tenn. Code Ann. § 64-2-110 — TN Code / Title 64 / Chapter 2 / Section 64-2-110
Contracts
Status: in_force

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five thousand dollars ($5,000) or for construction, installation, repair or improvement of the property or facilities involving more than five thousand dollars ($5,000) shall be made, except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service. Acts 2005, ch. 396, § 11.
All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five thousand dollars ($5,000) or for construction, installation, repair or improvement of the property or facilities involving more than five thousand dollars ($5,000) shall be made, except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.
Acts 2005, ch. 396, § 11.
Tenn. Code Ann. § 64-10-218 — TN Code / Title 64 / Chapter 10 / Section 64-10-218
Tax exemption
Status: in_force

The authority, its properties at any time owned by it and the income and revenues derived from such properties shall be exempt from all state, county and municipal taxation. All bonds, notes and other obligations issued by the authority and the income from such bonds, notes, and other obligations shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes or except as otherwise provided by state law. Bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
The authority, its properties at any time owned by it and the income and revenues derived from such properties shall be exempt from all state, county and municipal taxation. All bonds, notes and other obligations issued by the authority and the income from such bonds, notes, and other obligations shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes or except as otherwise provided by state law. Bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-9-112 — TN Code / Title 64 / Chapter 9 / Section 64-9-112
State building commission
Status: in_force

Notwithstanding § 64-9-104(a)(6) , a lease of real property, and all amendments thereto, entered into by the authority, and all capital grants and corresponding accountability agreements are subject to approval by the state building commission pursuant to title 4, chapter 15, part 1. An improvement to be constructed by a third party; a sublease by a third party; or a consent, approval, contract, or other action taken by the authority or a lessee pursuant to a lease previously approved by the state building commission is not subject to additional approval by the state building commission. This chapter does not affect other requirements of the Tennessee board of regents necessary to obtain an otherwise required approval from the state building commission relating to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4. Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Notwithstanding § 64-9-104(a)(6) , a lease of real property, and all amendments thereto, entered into by the authority, and all capital grants and corresponding accountability agreements are subject to approval by the state building commission pursuant to title 4, chapter 15, part 1. An improvement to be constructed by a third party; a sublease by a third party; or a consent, approval, contract, or other action taken by the authority or a lessee pursuant to a lease previously approved by the state building commission is not subject to additional approval by the state building commission. This chapter does not affect other requirements of the Tennessee board of regents necessary to obtain an otherwise required approval from the state building commission relating to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Tenn. Code Ann. § 64-10-215 — TN Code / Title 64 / Chapter 10 / Section 64-10-215
County membership
Status: in_force

(a) Any county in the eastern grand division not a member of the authority may become a member by: (1) Notifying the board of its desire to become a member; (2) Adopting a resolution by a two-thirds (2/3) vote of the county legislative body; and (3) Contributing funds in an amount to be determined by the board, which shall not exceed the highest contribution by any county already a member as adjusted for inflation or deflation by the consumer price index, all cities average, published by the United States department of labor. (b) Upon approval by the board and the county legislative body of the county seeking to become a member, the county shall become a member of the authority when the authority receives the necessary contribution. When a county is added as a member of the authority, the board shall cause the resolution of the county legislative body providing for addition of the county as a member of the authority to be filed with the secretary of state as an addendum. New members shall be entitled to membership on the board. The county mayor of any such county, or the county mayor's designee, shall become a member of the board for an initial term of office to be established by the board. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
(a) Any county in the eastern grand division not a member of the authority may become a member by: (1) Notifying the board of its desire to become a member; (2) Adopting a resolution by a two-thirds (2/3) vote of the county legislative body; and (3) Contributing funds in an amount to be determined by the board, which shall not exceed the highest contribution by any county already a member as adjusted for inflation or deflation by the consumer price index, all cities average, published by the United States department of labor.
(1) Notifying the board of its desire to become a member;
(2) Adopting a resolution by a two-thirds (2/3) vote of the county legislative body; and
(3) Contributing funds in an amount to be determined by the board, which shall not exceed the highest contribution by any county already a member as adjusted for inflation or deflation by the consumer price index, all cities average, published by the United States department of labor.
(b) Upon approval by the board and the county legislative body of the county seeking to become a member, the county shall become a member of the authority when the authority receives the necessary contribution. When a county is added as a member of the authority, the board shall cause the resolution of the county legislative body providing for addition of the county as a member of the authority to be filed with the secretary of state as an addendum. New members shall be entitled to membership on the board. The county mayor of any such county, or the county mayor's designee, shall become a member of the board for an initial term of office to be established by the board.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-10-122 — TN Code / Title 64 / Chapter 10 / Section 64-10-122
Authority to contract
Status: in_force

(a) The authority is hereby authorized, whenever desirable by its board, to enter into contracts, agreements or other arrangements with any county, city or utility district regarding a system, any wastewater facility or any wastewater service of the authority. Any such contract or agreement may extend for any period not exceeding forty (40) years from the date thereof. (b) Any county, city or utility district seeking to enter into such agreement with the authority shall have the same rights and liabilities as it would otherwise have in entering into a similar agreement with a wastewater treatment authority as provided by title 68, chapter 221, part 6. Acts 2011, ch. 419, § 13.
(a) The authority is hereby authorized, whenever desirable by its board, to enter into contracts, agreements or other arrangements with any county, city or utility district regarding a system, any wastewater facility or any wastewater service of the authority. Any such contract or agreement may extend for any period not exceeding forty (40) years from the date thereof.
(b) Any county, city or utility district seeking to enter into such agreement with the authority shall have the same rights and liabilities as it would otherwise have in entering into a similar agreement with a wastewater treatment authority as provided by title 68, chapter 221, part 6.
Acts 2011, ch. 419, § 13.
Tenn. Code Ann. § 64-10-117 — TN Code / Title 64 / Chapter 10 / Section 64-10-117
Termination of East Tennessee agribusiness authority-Transfer of assets
Status: in_force

On the date the interlocal governmental cooperative agreement that established the East Tennessee agribusiness authority is completely terminated in accordance with such agreement and upon the approval of two-thirds (2/3) of such counties so terminating such interlocal governmental cooperative agreement that the assets belonging to the East Tennessee agribusiness authority be transferred to the East Tennessee regional agribusiness marketing authority created under this part, such assets shall be transferred to the East Tennessee regional agribusiness marketing authority. On such date the East Tennessee regional agribusiness marketing authority shall assume all debts of the East Tennessee agribusiness authority and the joint market project created under such interlocal cooperative agreement. Acts 1998, ch. 998, § 18.
On the date the interlocal governmental cooperative agreement that established the East Tennessee agribusiness authority is completely terminated in accordance with such agreement and upon the approval of two-thirds (2/3) of such counties so terminating such interlocal governmental cooperative agreement that the assets belonging to the East Tennessee agribusiness authority be transferred to the East Tennessee regional agribusiness marketing authority created under this part, such assets shall be transferred to the East Tennessee regional agribusiness marketing authority. On such date the East Tennessee regional agribusiness marketing authority shall assume all debts of the East Tennessee agribusiness authority and the joint market project created under such interlocal cooperative agreement.
Acts 1998, ch. 998, § 18.
Tenn. Code Ann. § 64-1-810 — TN Code / Title 64 / Chapter 1 / Section 64-1-810
Lake Halford
Status: in_force

(a) Notwithstanding this part to the contrary, this section is applicable to the lake located in Carroll County heretofore known as Carroll County 1,000 Acre Lake, and which on and after April 29, 2022, is hereby renamed and known as Lake Halford. (b) The responsibility for the administration of Lake Halford under this part is transferred from the authority to the Tennessee wildlife resources agency. (c) All powers and duties of the authority under this part, with respect to Lake Halford, are transferred to and must be exercised and performed by the Tennessee wildlife resources agency. (d) All powers and duties of the executive secretary under this part, with respect to Lake Halford, are transferred to and must be exercised by the executive director of the Tennessee wildlife resources agency. (e) (1) The Tennessee wildlife resources agency shall: (A) Appear before the finance, ways and means committees of the house of representatives and the senate to present an overview of the budget for administering the Lake Halford in accordance with this section, including both income and expenditures related to the administration of the lake; and (B) File a copy of the budget for administering the Lake Halford with the finance, ways and means committees of the house of representatives and the senate, and the legislative librarian. (2) The Tennessee wildlife resources agency shall present and file the budget for administering Lake Halford no later than February 1 of each year. Added by 2022 Tenn. Acts, ch. 962, s 1, eff. 4/29/2022.
(a) Notwithstanding this part to the contrary, this section is applicable to the lake located in Carroll County heretofore known as Carroll County 1,000 Acre Lake, and which on and after April 29, 2022, is hereby renamed and known as Lake Halford.
(b) The responsibility for the administration of Lake Halford under this part is transferred from the authority to the Tennessee wildlife resources agency.
(c) All powers and duties of the authority under this part, with respect to Lake Halford, are transferred to and must be exercised and performed by the Tennessee wildlife resources agency.
(d) All powers and duties of the executive secretary under this part, with respect to Lake Halford, are transferred to and must be exercised by the executive director of the Tennessee wildlife resources agency.
(e) (1) The Tennessee wildlife resources agency shall: (A) Appear before the finance, ways and means committees of the house of representatives and the senate to present an overview of the budget for administering the Lake Halford in accordance with this section, including both income and expenditures related to the administration of the lake; and (B) File a copy of the budget for administering the Lake Halford with the finance, ways and means committees of the house of representatives and the senate, and the legislative librarian. (2) The Tennessee wildlife resources agency shall present and file the budget for administering Lake Halford no later than February 1 of each year.
(1) The Tennessee wildlife resources agency shall: (A) Appear before the finance, ways and means committees of the house of representatives and the senate to present an overview of the budget for administering the Lake Halford in accordance with this section, including both income and expenditures related to the administration of the lake; and (B) File a copy of the budget for administering the Lake Halford with the finance, ways and means committees of the house of representatives and the senate, and the legislative librarian.
(A) Appear before the finance, ways and means committees of the house of representatives and the senate to present an overview of the budget for administering the Lake Halford in accordance with this section, including both income and expenditures related to the administration of the lake; and
(B) File a copy of the budget for administering the Lake Halford with the finance, ways and means committees of the house of representatives and the senate, and the legislative librarian.
(2) The Tennessee wildlife resources agency shall present and file the budget for administering Lake Halford no later than February 1 of each year.
Added by 2022 Tenn. Acts, ch. 962, s 1, eff. 4/29/2022.
Tenn. Code Ann. § 64-4-114 — TN Code / Title 64 / Chapter 4 / Section 64-4-114
Application of revenues
Status: in_force

The revenues derived from the operation of the port, storage and transfer facilities and any and all other facilities authorized in this chapter and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows: (1) The payment of operating expenses of the port authority; (2) The payment of the interest on the bonds issued pursuant to this chapter and the principal of such bonds, as they severally mature, and/or payments into sinking fund reserves for this purpose; (3) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of port, storage and transfer facilities and any and all other facilities or other purposes, as may be required under any bond indenture or as the board may deem necessary or desirable; and (4) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this chapter. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the board. Acts 1980, ch. 900, § 14; T.C.A., § 66-4-114.
The revenues derived from the operation of the port, storage and transfer facilities and any and all other facilities authorized in this chapter and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows:
(1) The payment of operating expenses of the port authority;
(2) The payment of the interest on the bonds issued pursuant to this chapter and the principal of such bonds, as they severally mature, and/or payments into sinking fund reserves for this purpose;
(3) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of port, storage and transfer facilities and any and all other facilities or other purposes, as may be required under any bond indenture or as the board may deem necessary or desirable; and
(4) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this chapter. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the board.
Acts 1980, ch. 900, § 14; T.C.A., § 66-4-114.
Tenn. Code Ann. § 64-4-108 — TN Code / Title 64 / Chapter 4 / Section 64-4-108
Powers of participating counties
Status: in_force

The county legislative bodies of Decatur, Hardin, Perry and Wayne counties, individually or together, have all necessary powers in order to further the purposes of this chapter. The participating counties are authorized to appropriate to the port authority from their general funds, or such other funds as may be unappropriated, in furtherance of the powers granted by this chapter including, without limitation, the following, any or all of which powers may be exercised by resolution of their governing bodies: (1) 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; (6) Pay the expenses of the port authority board of commissioners or the expenses of operation of any of the facilities authorized by this chapter; (7) Levy a tax, in addition to all other taxes, upon all taxable property within each county, sufficient to pay the appropriation made by it to the port authority; and (8) Pledge the full faith and credit and unlimited taxing power of the county as surety to the payment of the authority's bonds. Acts 1980, ch. 900, § 8; T.C.A., § 66-4-108.
The county legislative bodies of Decatur, Hardin, Perry and Wayne counties, individually or together, have all necessary powers in order to further the purposes of this chapter. The participating counties are authorized to appropriate to the port authority from their general funds, or such other funds as may be unappropriated, in furtherance of the powers granted by this chapter including, without limitation, the following, any or all of which powers may be exercised by resolution of their governing bodies:
(1) 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;
(6) Pay the expenses of the port authority board of commissioners or the expenses of operation of any of the facilities authorized by this chapter;
(7) Levy a tax, in addition to all other taxes, upon all taxable property within each county, sufficient to pay the appropriation made by it to the port authority; and
(8) Pledge the full faith and credit and unlimited taxing power of the county as surety to the payment of the authority's bonds.
Acts 1980, ch. 900, § 8; T.C.A., § 66-4-108.
Tenn. Code Ann. § 64-10-110 — TN Code / Title 64 / Chapter 10 / Section 64-10-110
Member counties-Powers
Status: in_force

The counties that are members of the authority are hereby authorized and empowered to: (1) Appropriate sufficient funds for the use of the authority amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. County legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and (2) Issue their bonds as provided in title 9, chapter 21, to obtain funds for the financing of public works by the authority pursuant to cooperative agreements with the authority. Acts 1998, ch. 998, § 11.
The counties that are members of the authority are hereby authorized and empowered to:
(1) Appropriate sufficient funds for the use of the authority amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. County legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and
(2) Issue their bonds as provided in title 9, chapter 21, to obtain funds for the financing of public works by the authority pursuant to cooperative agreements with the authority.
Acts 1998, ch. 998, § 11.
Tenn. Code Ann. § 64-7-107 — TN Code / Title 64 / Chapter 7 / Section 64-7-107
Reporting and auditing
Status: in_force

The regional council is subject to the reporting and auditing requirements of § 13-14-112 . Amended by 2022 Tenn. Acts, ch. 837, s 5, eff. 4/19/2022. Acts 1988, ch. 886, § 1.
The regional council is subject to the reporting and auditing requirements of § 13-14-112 .
Amended by 2022 Tenn. Acts, ch. 837, s 5, eff. 4/19/2022.
Acts 1988, ch. 886, § 1.
Tenn. Code Ann. § 64-1-903 — TN Code / Title 64 / Chapter 1 / Section 64-1-903
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022. Amended by 2020 Tenn. Acts, ch. 666, s 4, eff. 4/2/2020. Acts 1991, ch. 308, § 1.
Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022.
Amended by 2020 Tenn. Acts, ch. 666, s 4, eff. 4/2/2020.
Acts 1991, ch. 308, § 1.
Tenn. Code Ann. § 64-1-1109 — TN Code / Title 64 / Chapter 1 / Section 64-1-1109
Election to participate
Status: in_force

(a) This part applies only to the counties of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, Tipton, Hardeman, Fayette and McNairy, which may, upon approval by a majority vote of the respective county legislative bodies, elect to participate in such programs as set out in this part; and, in the event such an election is made, this part applies to all counties making such an election. (b) If any of such counties have previously elected to participate in, and have not withdrawn from, the programs of the Obion-Forked Deer Basin authority established by Acts 1972, ch. 806 or by Acts 1976, ch. 448, as amended, no further election shall be necessary to become a participating county in the authority created by this part; and such status as a participating county shall carry over and apply to the authority and its programs provided for in this part. Acts 1996, ch. 890, § 8; 2003, ch. 199, § 3.
(a) This part applies only to the counties of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, Tipton, Hardeman, Fayette and McNairy, which may, upon approval by a majority vote of the respective county legislative bodies, elect to participate in such programs as set out in this part; and, in the event such an election is made, this part applies to all counties making such an election.
(b) If any of such counties have previously elected to participate in, and have not withdrawn from, the programs of the Obion-Forked Deer Basin authority established by Acts 1972, ch. 806 or by Acts 1976, ch. 448, as amended, no further election shall be necessary to become a participating county in the authority created by this part; and such status as a participating county shall carry over and apply to the authority and its programs provided for in this part.
Acts 1996, ch. 890, § 8; 2003, ch. 199, § 3.
Tenn. Code Ann. § 64-8-101 — TN Code / Title 64 / Chapter 8 / Section 64-8-101
Creation
Status: in_force

There is hereby established a regional transportation authority in the counties of Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson and Rutherford. In order for Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson or Rutherford County or any city, town or metropolitan government located within one (1) of these counties to participate in the regional transportation authority, the local government must pay its yearly local assessment to the authority within the time frame established by the authority. A county or city, town or metropolitan government may opt out of participation by means of a notice to the authority that it is ceasing payment of its yearly assessment or the failure of any local government to pay its yearly assessment, after notice and within a time frame as established by the authority, shall result in a presumption of the authority that the local government's wishes to opt out of participation in the authority. Such presumption may be overcome by the local governments payment of current and past due assessments within a time frame established by the authority. The regional transportation authority shall be a body corporate and politic, shall be governed and managed as provided for in this chapter and shall have the powers and duties provided for by this chapter and other applicable provisions of the law. Acts 1988, ch. 1026, § 1; 1989, ch. 140, § 1; 2003, ch. 306, § 1.
There is hereby established a regional transportation authority in the counties of Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson and Rutherford. In order for Davidson, Sumner, Williamson, Wilson, Robertson, Cheatham, Maury, Dickson or Rutherford County or any city, town or metropolitan government located within one (1) of these counties to participate in the regional transportation authority, the local government must pay its yearly local assessment to the authority within the time frame established by the authority. A county or city, town or metropolitan government may opt out of participation by means of a notice to the authority that it is ceasing payment of its yearly assessment or the failure of any local government to pay its yearly assessment, after notice and within a time frame as established by the authority, shall result in a presumption of the authority that the local government's wishes to opt out of participation in the authority. Such presumption may be overcome by the local governments payment of current and past due assessments within a time frame established by the authority. The regional transportation authority shall be a body corporate and politic, shall be governed and managed as provided for in this chapter and shall have the powers and duties provided for by this chapter and other applicable provisions of the law.
Acts 1988, ch. 1026, § 1; 1989, ch. 140, § 1; 2003, ch. 306, § 1.
Tenn. Code Ann. § 64-1-1206 — TN Code / Title 64 / Chapter 1 / Section 64-1-1206
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 740, s 1, eff. 6/22/2020.
Tenn. Code Ann. § 64-1-211 — TN Code / Title 64 / Chapter 1 / Section 64-1-211
Cooperation from state agencies
Status: in_force

All agencies of the state are hereby authorized and directed to extend their cooperation and to lend assistance to the authority in the formulation and implementation of a development program. Acts 1973, ch. 409, § 12; T.C.A., § 66-1-212.
All agencies of the state are hereby authorized and directed to extend their cooperation and to lend assistance to the authority in the formulation and implementation of a development program.
Acts 1973, ch. 409, § 12; T.C.A., § 66-1-212.
Tenn. Code Ann. § 64-1-206 — TN Code / Title 64 / Chapter 1 / Section 64-1-206
Annual reports
Status: in_force

The board of directors of the authority shall report annually to the governing bodies of the various counties, cities and towns in the area and to the state. Such reports shall include, but not be limited to, statements of financial receipts and expenditures, a summary of activities and accomplishments for the period and proposed plans for the next year and for five (5) subsequent years. Acts 1973, ch. 409, § 6; T.C.A., § 66-1-206 .
The board of directors of the authority shall report annually to the governing bodies of the various counties, cities and towns in the area and to the state. Such reports shall include, but not be limited to, statements of financial receipts and expenditures, a summary of activities and accomplishments for the period and proposed plans for the next year and for five (5) subsequent years.
Acts 1973, ch. 409, § 6; T.C.A., § 66-1-206 .
Tenn. Code Ann. § 64-1-104 — TN Code / Title 64 / Chapter 1 / Section 64-1-104
Local contributions to authority - Tax levy
Status: in_force

(a) Decatur County, Henderson County and any city or town in either county are hereby authorized and empowered to contribute to the work of the Beech River watershed development authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or city. (b) The county legislative bodies and governing bodies of such cities or towns shall be empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes. Acts 1961, ch. 315, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 66-1-104 .
(a) Decatur County, Henderson County and any city or town in either county are hereby authorized and empowered to contribute to the work of the Beech River watershed development authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or city.
(b) The county legislative bodies and governing bodies of such cities or towns shall be empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes.
Acts 1961, ch. 315, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 66-1-104 .
Tenn. Code Ann. § 64-6-101 — TN Code / Title 64 / Chapter 6 / Section 64-6-101
Short title - Creation and establishment of regional megasite authority - Applicability
Status: in_force

(a) This chapter shall be known and may be cited as the "Tennessee Regional Megasite Authority Act of 2007." (b) A regional authority may be established and created as a regional megasite authority pursuant to this chapter. Section 7-53-104(b) shall apply to a regional megasite authority, which shall have the same powers and authority granted to a corporation under title 7, chapter 53, except as otherwise provided in this chapter. Notwithstanding anything in title 7, chapter 53 to the contrary, in the event of a conflict, this chapter shall control. A regional megasite authority may be established for the purpose of acquiring land, improving, financing, operating, maintaining and marketing a megasite and may be created by two (2) or more participating municipalities; provided, that at least one (1) of the municipalities includes the location of the megasite or may be created by the commissioner of economic and community development in accordance with § 64-6-110 . (c) This chapter does not apply to the Megasite Authority of West Tennessee created pursuant to the Megasite Authority of West Tennessee Act of 2021, compiled in chapter 9 of this title. Amended by 2021EX2 Tenn. Acts, ch. 1, s 2, eff. 11/3/2021. Acts 2007 , ch. 426, §1; 2009 , ch. 158, § 1.
(a) This chapter shall be known and may be cited as the "Tennessee Regional Megasite Authority Act of 2007."
(b) A regional authority may be established and created as a regional megasite authority pursuant to this chapter. Section 7-53-104(b) shall apply to a regional megasite authority, which shall have the same powers and authority granted to a corporation under title 7, chapter 53, except as otherwise provided in this chapter. Notwithstanding anything in title 7, chapter 53 to the contrary, in the event of a conflict, this chapter shall control. A regional megasite authority may be established for the purpose of acquiring land, improving, financing, operating, maintaining and marketing a megasite and may be created by two (2) or more participating municipalities; provided, that at least one (1) of the municipalities includes the location of the megasite or may be created by the commissioner of economic and community development in accordance with § 64-6-110 .
(c) This chapter does not apply to the Megasite Authority of West Tennessee created pursuant to the Megasite Authority of West Tennessee Act of 2021, compiled in chapter 9 of this title.
Amended by 2021EX2 Tenn. Acts, ch. 1, s 2, eff. 11/3/2021.
Acts 2007 , ch. 426, §1; 2009 , ch. 158, § 1.
Tenn. Code Ann. § 64-9-108 — TN Code / Title 64 / Chapter 9 / Section 64-9-108
Building construction, plans review, permitting and inspections
Status: in_force

(a) The state fire marshal has exclusive jurisdiction over all plans review, permitting, and inspections for, and enforcement of, standards designed to afford a reasonable degree of safety to life and property from fire and hazards for all constructed, altered, or repaired buildings or structures at the megasite, including all electrical installations, plumbing systems, fire protection systems, and mechanical systems for all such buildings and structures. The fire safety, electrical, and building construction safety standards established pursuant to §§ 68-102-113 , 68-102-143 , and 68-120-101 apply to all buildings or structures at the megasite. The state fire marshal is the sole authority with jurisdiction regarding, and may approve, equivalencies or variances from applicable code requirements for constructed, altered, or repaired buildings or structures located at the megasite including electrical installations, plumbing systems, fire protection systems and mechanical systems for such buildings or structures at the megasite. (b) This section must not be construed to limit the authority of the board of boiler rules, the elevator and amusement device safety board, or the commissioner of labor and workforce development. Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
(a) The state fire marshal has exclusive jurisdiction over all plans review, permitting, and inspections for, and enforcement of, standards designed to afford a reasonable degree of safety to life and property from fire and hazards for all constructed, altered, or repaired buildings or structures at the megasite, including all electrical installations, plumbing systems, fire protection systems, and mechanical systems for all such buildings and structures. The fire safety, electrical, and building construction safety standards established pursuant to §§ 68-102-113 , 68-102-143 , and 68-120-101 apply to all buildings or structures at the megasite. The state fire marshal is the sole authority with jurisdiction regarding, and may approve, equivalencies or variances from applicable code requirements for constructed, altered, or repaired buildings or structures located at the megasite including electrical installations, plumbing systems, fire protection systems and mechanical systems for such buildings or structures at the megasite.
(b) This section must not be construed to limit the authority of the board of boiler rules, the elevator and amusement device safety board, or the commissioner of labor and workforce development.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Tenn. Code Ann. § 64-2-111 — TN Code / Title 64 / Chapter 2 / Section 64-2-111
Annual report
Status: in_force

(a) The board shall report annually to the department of transportation and to the governing bodies of the various counties and cities within the boundaries of the authority. (b) Such reports shall include statements of financial receipts and expenditures, statements from operators, a summary of activities and accomplishments for the period and proposed plans for the next year and subsequent years. Acts 2005, ch. 396, § 12.
(a) The board shall report annually to the department of transportation and to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures, statements from operators, a summary of activities and accomplishments for the period and proposed plans for the next year and subsequent years.
Acts 2005, ch. 396, § 12.
Tenn. Code Ann. § 64-1-710 — TN Code / Title 64 / Chapter 1 / Section 64-1-710
Severability - Construction
Status: in_force

(a) If any part, clause, sentence, paragraph or section of this part is held or declared to be unconstitutional or void, it shall not affect the remaining part or parts of this part. It is hereby declared to be the legislative intent to have passed the remainder of the part, notwithstanding any part held to be invalid. (b) This part shall be deemed to be remedial in nature and shall be liberally construed to effect its purposes. Acts 1982, ch. 679, § 11.
(a) If any part, clause, sentence, paragraph or section of this part is held or declared to be unconstitutional or void, it shall not affect the remaining part or parts of this part. It is hereby declared to be the legislative intent to have passed the remainder of the part, notwithstanding any part held to be invalid.
(b) This part shall be deemed to be remedial in nature and shall be liberally construed to effect its purposes.
Acts 1982, ch. 679, § 11.
Tenn. Code Ann. § 64-5-108 — TN Code / Title 64 / Chapter 5 / Section 64-5-108
Powers, functions and duties
Status: in_force

The authority has the power, function and duty to: (1) Have perpetual succession in the corporate name; (2) Sue and be sued in the corporate name; (3) Adopt, use and alter a corporate seal, which shall be judicially noticed; (4) Enter into such contracts and cooperative agreements with federal, state and local governments, and agencies thereof, with private individuals, corporations, associations and with other organizations as the board may deem necessary or convenient in carrying out the purposes of this chapter; (5) Adopt, amend and repeal bylaws; (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine; (7) Receive and expend funds from any source for staffing and other administrative expenses, research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficiency and harmonious economic development of the region to receive grants from private foundations and other sources for the purposes of research and for demonstration projects oriented to human, physical and natural resources utilization; (8) Cooperate and coordinate its activities with local, regional and state planning agencies and other areas in developing and implementing plans for development; (9) Cooperate and coordinate its activities with the federal agencies having responsibility for developing natural, human and physical resources of the region; (10) Cooperate with local and regional financial institutions in assembling financial resources for commercial, industrial and other development; (11) Compile, prepare, publish and disseminate information about the economic resources of the region and about subareas; (12) Encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing state law for carrying out specific projects and programs initiated under federal and state law; (13) Enter into compacts or contractual arrangements with planning agencies of other adjoining or neighboring states, for the purpose of preparing joint-comprehensive plans for development of a broader area or region; (14) Acquire and hold such real and personal property or interests in real and personal property as the board deems necessary or convenient in carrying out the purposes of this chapter; (15) Support missions of authority directors or employees to other industrialized nations that may have enterprises willing to invest in the region, with the aim of convincing such businesses to invest in the region when such enterprises meet the criteria of the authority as desirable additions to the region; and (16) Have and exercise such other authority as deemed necessary by the board to further and promote the orderly economic development of the region. Acts 1986, ch. 789, § 8.
The authority has the power, function and duty to:
(1) Have perpetual succession in the corporate name;
(2) Sue and be sued in the corporate name;
(3) Adopt, use and alter a corporate seal, which shall be judicially noticed;
(4) Enter into such contracts and cooperative agreements with federal, state and local governments, and agencies thereof, with private individuals, corporations, associations and with other organizations as the board may deem necessary or convenient in carrying out the purposes of this chapter;
(5) Adopt, amend and repeal bylaws;
(6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine;
(7) Receive and expend funds from any source for staffing and other administrative expenses, research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficiency and harmonious economic development of the region to receive grants from private foundations and other sources for the purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
(8) Cooperate and coordinate its activities with local, regional and state planning agencies and other areas in developing and implementing plans for development;
(9) Cooperate and coordinate its activities with the federal agencies having responsibility for developing natural, human and physical resources of the region;
(10) Cooperate with local and regional financial institutions in assembling financial resources for commercial, industrial and other development;
(11) Compile, prepare, publish and disseminate information about the economic resources of the region and about subareas;
(12) Encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing state law for carrying out specific projects and programs initiated under federal and state law;
(13) Enter into compacts or contractual arrangements with planning agencies of other adjoining or neighboring states, for the purpose of preparing joint-comprehensive plans for development of a broader area or region;
(14) Acquire and hold such real and personal property or interests in real and personal property as the board deems necessary or convenient in carrying out the purposes of this chapter;
(15) Support missions of authority directors or employees to other industrialized nations that may have enterprises willing to invest in the region, with the aim of convincing such businesses to invest in the region when such enterprises meet the criteria of the authority as desirable additions to the region; and
(16) Have and exercise such other authority as deemed necessary by the board to further and promote the orderly economic development of the region.
Acts 1986, ch. 789, § 8.
Tenn. Code Ann. § 64-1-509 — TN Code / Title 64 / Chapter 1 / Section 64-1-509
Annual reports
Status: in_force

The board of directors of the agency shall report annually to the governor, and to the governing bodies of the various counties, towns and incorporated municipalities of the region. The reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year. Acts 1968, ch. 460, § 9; T.C.A., § 66-1-509.
The board of directors of the agency shall report annually to the governor, and to the governing bodies of the various counties, towns and incorporated municipalities of the region. The reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year.
Acts 1968, ch. 460, § 9; T.C.A., § 66-1-509.
Tenn. Code Ann. § 64-9-107 — TN Code / Title 64 / Chapter 9 / Section 64-9-107
Water and wastewater services
Status: in_force

(a) The authority shall prescribe and collect non-discriminatory, just, and reasonable rates, and set terms and conditions of service to customers of a water system or wastewater system operated by the authority. (b) Notwithstanding another law to the contrary, and for as long as the water system is owned or controlled by the authority or this state, the authority may provide water service to customers located on the initial megasite property. Notwithstanding another law to the contrary, and for as long as the wastewater system is owned or controlled by the authority or this state, the authority may provide wastewater service to customers located on the initial megasite property. In exercising that right, the authority may, in the authority's sole discretion, enter into an agreement with a third party for the third party to provide either water service or wastewater service, or both. Notwithstanding anything in this section or another law to the contrary, the authority is not responsible for providing water service or wastewater service to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4. (c) The Tennessee public utility commission, Tennessee board of utility regulation, or other board or commission of like character hereafter created does not have jurisdiction over the authority in the management and control of the authority's water system or wastewater system, including, but not limited to, the regulation of the authority's rates or terms and conditions of service, except to the extent provided by this chapter; provided, however, that the authority is subject to regulation by the department of environment and conservation. (d) The authority shall not operate a water system or wastewater system at a deficit after December 31, 2026. Amended by 2023 Tenn. Acts, ch. 463, s 27, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 763, s 2, eff. 3/31/2022. Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
(a) The authority shall prescribe and collect non-discriminatory, just, and reasonable rates, and set terms and conditions of service to customers of a water system or wastewater system operated by the authority.
(b) Notwithstanding another law to the contrary, and for as long as the water system is owned or controlled by the authority or this state, the authority may provide water service to customers located on the initial megasite property. Notwithstanding another law to the contrary, and for as long as the wastewater system is owned or controlled by the authority or this state, the authority may provide wastewater service to customers located on the initial megasite property. In exercising that right, the authority may, in the authority's sole discretion, enter into an agreement with a third party for the third party to provide either water service or wastewater service, or both. Notwithstanding anything in this section or another law to the contrary, the authority is not responsible for providing water service or wastewater service to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4.
(c) The Tennessee public utility commission, Tennessee board of utility regulation, or other board or commission of like character hereafter created does not have jurisdiction over the authority in the management and control of the authority's water system or wastewater system, including, but not limited to, the regulation of the authority's rates or terms and conditions of service, except to the extent provided by this chapter; provided, however, that the authority is subject to regulation by the department of environment and conservation.
(d) The authority shall not operate a water system or wastewater system at a deficit after December 31, 2026.
Amended by 2023 Tenn. Acts, ch. 463, s 27, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 763, s 2, eff. 3/31/2022.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Tenn. Code Ann. § 64-2-112 — TN Code / Title 64 / Chapter 2 / Section 64-2-112
Audit of operations
Status: in_force

(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. (b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority. (c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Acts 2005, ch. 396, § 13.
(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.
Acts 2005, ch. 396, § 13.
Tenn. Code Ann. § 64-9-106 — TN Code / Title 64 / Chapter 9 / Section 64-9-106
Chief executive officer
Status: in_force

There is established the office of the chief executive officer of the authority. The first chief executive officer must be appointed by the governor. Thereafter, each subsequent chief executive officer must be appointed by the board. All chief executive officers serve at the pleasure of the board. For each chief executive officer, including the first chief executive officer, the board shall enter into a contract with the chief executive officer establishing the chief executive officer's salary. All reimbursement for the chief executive officer's travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
There is established the office of the chief executive officer of the authority. The first chief executive officer must be appointed by the governor. Thereafter, each subsequent chief executive officer must be appointed by the board. All chief executive officers serve at the pleasure of the board. For each chief executive officer, including the first chief executive officer, the board shall enter into a contract with the chief executive officer establishing the chief executive officer's salary. All reimbursement for the chief executive officer's travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Tenn. Code Ann. § 64-10-118 — TN Code / Title 64 / Chapter 10 / Section 64-10-118
Condemnation of property for operation, improvement or expansion
Status: in_force

The authority may condemn in its own name any land, rights in land, easements, and/or rights-of-way that in the judgment of the wastewater board are necessary for the purposes of acquiring property for the operation, improvement and expansion of a system, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by persons having the power of eminent domain, or otherwise held or used for public purposes; provided, however, that such prior public use will not be interfered with by the use to which such property will be put by the authority; and provided further, that the exercise of eminent domain power shall be approved by a majority of those present and voting of the board of directors of the authority. Such power of condemnation may be exercised in the manner prescribed by any applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. Acts 2011, ch. 419, § 9.
The authority may condemn in its own name any land, rights in land, easements, and/or rights-of-way that in the judgment of the wastewater board are necessary for the purposes of acquiring property for the operation, improvement and expansion of a system, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by persons having the power of eminent domain, or otherwise held or used for public purposes; provided, however, that such prior public use will not be interfered with by the use to which such property will be put by the authority; and provided further, that the exercise of eminent domain power shall be approved by a majority of those present and voting of the board of directors of the authority. Such power of condemnation may be exercised in the manner prescribed by any applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
Acts 2011, ch. 419, § 9.
Tenn. Code Ann. § 64-1-207 — TN Code / Title 64 / Chapter 1 / Section 64-1-207
Pre-existing and independent projects
Status: in_force

Nothing in this part shall be construed as interfering with existing contracts or works of improvements currently under way by state and local governments or with works of improvements that are undertaken independently from the authority and the state, if such works are not in conflict with basin-wide plans for control of water, recreation and conservation. Acts 1973, ch. 409, § 7; T.C.A., § 66-1-207 .
Nothing in this part shall be construed as interfering with existing contracts or works of improvements currently under way by state and local governments or with works of improvements that are undertaken independently from the authority and the state, if such works are not in conflict with basin-wide plans for control of water, recreation and conservation.
Acts 1973, ch. 409, § 7; T.C.A., § 66-1-207 .
Tenn. Code Ann. § 64-2-211 — TN Code / Title 64 / Chapter 2 / Section 64-2-211
Annual report
Status: in_force

(a) The board shall report annually to the department of transportation and to the governing bodies of the various counties and cities within the boundaries of the authority. (b) Such reports shall include statements of financial receipts and expenditures, statements from operators, a summary of activities and accomplishments for the period and proposed plans for the next year and subsequent years. Acts 1977, ch. 479, § 9; T.C.A., §§ 65-3111, 66-2-211; Acts 1987, ch. 149, § 3.
(a) The board shall report annually to the department of transportation and to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures, statements from operators, a summary of activities and accomplishments for the period and proposed plans for the next year and subsequent years.
Acts 1977, ch. 479, § 9; T.C.A., §§ 65-3111, 66-2-211; Acts 1987, ch. 149, § 3.
Tenn. Code Ann. § 64-1-608 — TN Code / Title 64 / Chapter 1 / Section 64-1-608
Advisory board
Status: in_force

(a) There is established the Tennessee Duck River agency technical advisory committee. Members of the committee serve as members of the board of directors and as the technical advisory committee to the board. (b) The technical advisory committee is composed of one (1) member from each water system, to be appointed by the governing body of the water system. (c) For purposes of voting, the vote of each technical advisory committee member must be weighted based on the following formula: Amount of finished water pumped to system pursuant to § 64-1-605(d) by the water system from the Upper Duck River watershed in the previous fiscal year Member's Eligible DRATAC Votes = 100 x ______________ Total amount of finished water pumped to system pursuant to § 64-1-605(d) by all water systems from the Upper Duck River watershed in the previous fiscal year (d) Before an agency regional water supply program or project is approved, the program or project must receive sixty percent (60%) of the technical advisory committee's votes. (e) A member of the technical advisory committee serves at the pleasure of the water system that appointed the member. Amended by 2024 Tenn. Acts, ch. 927,s 5, eff. 7/1/2024. Acts 1965, ch. 80, § 8; T.C.A., § 66-1-608.
(a) There is established the Tennessee Duck River agency technical advisory committee. Members of the committee serve as members of the board of directors and as the technical advisory committee to the board.
(b) The technical advisory committee is composed of one (1) member from each water system, to be appointed by the governing body of the water system.
(c) For purposes of voting, the vote of each technical advisory committee member must be weighted based on the following formula: Amount of finished water pumped to system pursuant to § 64-1-605(d) by the water system from the Upper Duck River watershed in the previous fiscal year Member's Eligible DRATAC Votes = 100 x ______________ Total amount of finished water pumped to system pursuant to § 64-1-605(d) by all water systems from the Upper Duck River watershed in the previous fiscal year
Amount of finished water pumped to system pursuant to § 64-1-605(d) by the water system from the Upper Duck River watershed in the previous fiscal year Member's Eligible DRATAC Votes = 100 x ______________ Total amount of finished water pumped to system pursuant to § 64-1-605(d) by all water systems from the Upper Duck River watershed in the previous fiscal year
Amount of finished water pumped to system pursuant to § 64-1-605(d) by the water system from the Upper Duck River watershed in the previous fiscal year
Member's Eligible DRATAC Votes = 100 x ______________
Total amount of finished water pumped to system pursuant to § 64-1-605(d) by all water systems from the Upper Duck River watershed in the previous fiscal year
(d) Before an agency regional water supply program or project is approved, the program or project must receive sixty percent (60%) of the technical advisory committee's votes.
(e) A member of the technical advisory committee serves at the pleasure of the water system that appointed the member.
Amended by 2024 Tenn. Acts, ch. 927,s 5, eff. 7/1/2024.
Acts 1965, ch. 80, § 8; T.C.A., § 66-1-608.
Tenn. Code Ann. § 64-9-115 — TN Code / Title 64 / Chapter 9 / Section 64-9-115
Contract for security services at megasite
Status: in_force

A local governmental entity may enter into a contract with an entity working on the megasite for the provision of security services at the megasite. Added by 2022 Tenn. Acts, ch. 1030,s 2, eff. 5/11/2022.
A local governmental entity may enter into a contract with an entity working on the megasite for the provision of security services at the megasite.
Added by 2022 Tenn. Acts, ch. 1030,s 2, eff. 5/11/2022.
Tenn. Code Ann. § 64-4-115 — TN Code / Title 64 / Chapter 4 / Section 64-4-115
Contracts - Force account construction
Status: in_force

(a) Except as otherwise provided, all contracts of the port authority shall be entered into and executed in such manner as may be prescribed by the board of commissioners, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies, involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities under the jurisdiction of the board involving more than one thousand dollars ($1,000) shall be made except after such contract has been advertised for bids, except as provided in subsection (b). (b) Advertisement for bids is not required: (1) In the employment of architects, engineers and attorneys or other professional advisors for personal service. The board may employ or select such architects, engineers, attorneys or professional consultants and advisors as in the judgment of the board best meet the qualifications for rendering such services; (2) When an emergency arises and requires immediate delivery of the supplies or performance of the service; or (3) For repair, parts, accessories, supplemental equipment or services, or required supplies or services previously furnished or contracted for, in which case such purchase of supplies or procurement of services shall be made in the open market in the manner common among business persons. (c) After advertisement for bids as provided in this section, if no acceptable bid is received, the board may reject any and all bids, or the board may negotiate with contractors or suppliers to secure the construction of facilities or the purchase of equipment, apparatus, materials or supplies at the best possible price, or the board may construct such facilities, by "force account construction," that is, the board may employ the necessary engineers, supervisors and other personnel, purchase necessary materials, equipment and supplies, to construct such facilities authorized by this chapter with its own employees. Acts 1980, ch. 900, § 15; T.C.A., § 66-4-115.
(a) Except as otherwise provided, all contracts of the port authority shall be entered into and executed in such manner as may be prescribed by the board of commissioners, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies, involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities under the jurisdiction of the board involving more than one thousand dollars ($1,000) shall be made except after such contract has been advertised for bids, except as provided in subsection (b).
(b) Advertisement for bids is not required: (1) In the employment of architects, engineers and attorneys or other professional advisors for personal service. The board may employ or select such architects, engineers, attorneys or professional consultants and advisors as in the judgment of the board best meet the qualifications for rendering such services; (2) When an emergency arises and requires immediate delivery of the supplies or performance of the service; or (3) For repair, parts, accessories, supplemental equipment or services, or required supplies or services previously furnished or contracted for, in which case such purchase of supplies or procurement of services shall be made in the open market in the manner common among business persons.
(1) In the employment of architects, engineers and attorneys or other professional advisors for personal service. The board may employ or select such architects, engineers, attorneys or professional consultants and advisors as in the judgment of the board best meet the qualifications for rendering such services;
(2) When an emergency arises and requires immediate delivery of the supplies or performance of the service; or
(3) For repair, parts, accessories, supplemental equipment or services, or required supplies or services previously furnished or contracted for, in which case such purchase of supplies or procurement of services shall be made in the open market in the manner common among business persons.
(c) After advertisement for bids as provided in this section, if no acceptable bid is received, the board may reject any and all bids, or the board may negotiate with contractors or suppliers to secure the construction of facilities or the purchase of equipment, apparatus, materials or supplies at the best possible price, or the board may construct such facilities, by "force account construction," that is, the board may employ the necessary engineers, supervisors and other personnel, purchase necessary materials, equipment and supplies, to construct such facilities authorized by this chapter with its own employees.
Acts 1980, ch. 900, § 15; T.C.A., § 66-4-115.
Tenn. Code Ann. § 64-10-219 — TN Code / Title 64 / Chapter 10 / Section 64-10-219
Powers of county, city or utility districts
Status: in_force

(a) Any county, city or utility district may take all actions under this part by resolution of its governing body. Any county, city or utility district shall have all powers necessary in order to further the purposes of this part. (b) Any county, city or utility district may enter into agreements with the authority for the orderly transfer of all or any part of its system and to enter into an agreement for the authority to assume, to pay or to refund bonds, notes or other obligations issued by a county, city or utility district entered into by the county, city or utility district to acquire, construct or equip all or any part of a system. (c) Any county, city or utility district is authorized to advance, donate or lend money to the authority and to provide that funds available to it for a system shall be paid to the authority. (d) Any county, city or utility district shall have the same right to enter into any agreement with the authority that the wastewater board deems necessary to carry out the purposes of this part as a county, city or utility district has to enter into similar agreements with wastewater treatment authorities as provided by title 68, chapter 221, part 6. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
(a) Any county, city or utility district may take all actions under this part by resolution of its governing body. Any county, city or utility district shall have all powers necessary in order to further the purposes of this part.
(b) Any county, city or utility district may enter into agreements with the authority for the orderly transfer of all or any part of its system and to enter into an agreement for the authority to assume, to pay or to refund bonds, notes or other obligations issued by a county, city or utility district entered into by the county, city or utility district to acquire, construct or equip all or any part of a system.
(c) Any county, city or utility district is authorized to advance, donate or lend money to the authority and to provide that funds available to it for a system shall be paid to the authority.
(d) Any county, city or utility district shall have the same right to enter into any agreement with the authority that the wastewater board deems necessary to carry out the purposes of this part as a county, city or utility district has to enter into similar agreements with wastewater treatment authorities as provided by title 68, chapter 221, part 6.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-1-1207 — TN Code / Title 64 / Chapter 1 / Section 64-1-1207
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 740, s 1, eff. 6/22/2020.
Tenn. Code Ann. § 64-4-109 — TN Code / Title 64 / Chapter 4 / Section 64-4-109
Payment of preliminary expenses by participating counties - Repayment
Status: in_force

(a) A share of all expenses actually incurred by the board of commissioners in the making of surveys, estimates of cost and of revenue, employment of engineers, attorneys or other employees, the giving of notices, taking of options, selling of bonds and all other preliminary expenses of whatever nature that the board deems necessary in connection with or precedent to the acquisition or improvement of any of the facilities provided for in this chapter and that the board deems necessary to be paid prior to the issuance and delivery of the bonds issued pursuant to this chapter may be met and paid out of the general funds of each of the participating counties of Decatur, Hardin, Perry and Wayne not otherwise appropriated or from any other fund available, as may be provided by the county legislative body of the counties. (b) All such payments from the general or other funds shall be considered as temporary, noninterest-bearing loans and shall be repaid immediately upon sale and delivery of the bonds, and claims for such repayment have priority over all other claims against the proceeds derived from the sale of such bonds. Acts 1980, ch. 900, § 9; T.C.A., § 66-4-109.
(a) A share of all expenses actually incurred by the board of commissioners in the making of surveys, estimates of cost and of revenue, employment of engineers, attorneys or other employees, the giving of notices, taking of options, selling of bonds and all other preliminary expenses of whatever nature that the board deems necessary in connection with or precedent to the acquisition or improvement of any of the facilities provided for in this chapter and that the board deems necessary to be paid prior to the issuance and delivery of the bonds issued pursuant to this chapter may be met and paid out of the general funds of each of the participating counties of Decatur, Hardin, Perry and Wayne not otherwise appropriated or from any other fund available, as may be provided by the county legislative body of the counties.
(b) All such payments from the general or other funds shall be considered as temporary, noninterest-bearing loans and shall be repaid immediately upon sale and delivery of the bonds, and claims for such repayment have priority over all other claims against the proceeds derived from the sale of such bonds.
Acts 1980, ch. 900, § 9; T.C.A., § 66-4-109.
Tenn. Code Ann. § 64-6-111 — TN Code / Title 64 / Chapter 6 / Section 64-6-111
[Repealed]
Status: repealed

Repealed by 2021EX2 Tenn. Acts, ch. 1, s 5, eff. 11/3/2021. Added by 2014 Tenn. Acts, ch. 627, s 2, eff. 4/4/2014.
Repealed by 2021EX2 Tenn. Acts, ch. 1, s 5, eff. 11/3/2021.
Added by 2014 Tenn. Acts, ch. 627, s 2, eff. 4/4/2014.
Tenn. Code Ann. § 64-10-212 — TN Code / Title 64 / Chapter 10 / Section 64-10-212
Conduct of financial affairs - Fiscal agent
Status: in_force

(a) The financial affairs of the authority shall be conducted in accordance with state law and the procedures established by the comptroller of the treasury. The board may establish such bank accounts for the authority as the board deems appropriate and consistent with state law. The authority is authorized to invest any funds of the authority in any investment that would be an eligible investment of a county. (b) The chief financial officer within the office of finance at Roane State Community College shall serve as the fiscal agent for the receipt of all state appropriated funds for the pilot program, to be dispersed equally among the existing and newly created small business incubators, as directed by the board. Amended by 2014 Tenn. Acts, ch. 812,s 4, eff. 4/25/2014. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
(a) The financial affairs of the authority shall be conducted in accordance with state law and the procedures established by the comptroller of the treasury. The board may establish such bank accounts for the authority as the board deems appropriate and consistent with state law. The authority is authorized to invest any funds of the authority in any investment that would be an eligible investment of a county.
(b) The chief financial officer within the office of finance at Roane State Community College shall serve as the fiscal agent for the receipt of all state appropriated funds for the pilot program, to be dispersed equally among the existing and newly created small business incubators, as directed by the board.
Amended by 2014 Tenn. Acts, ch. 812,s 4, eff. 4/25/2014.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-1-1219 — TN Code / Title 64 / Chapter 1 / Section 64-1-1219
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 740, s 1, eff. 6/22/2020.
Tenn. Code Ann. § 64-5-117 — TN Code / Title 64 / Chapter 5 / Section 64-5-117
Review and termination
Status: in_force

The authority shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and reviewed pursuant to § 4-29-119 . Acts 1986, ch. 789, § 17.
The authority shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and reviewed pursuant to § 4-29-119 .
Acts 1986, ch. 789, § 17.
Tenn. Code Ann. § 64-9-110 — TN Code / Title 64 / Chapter 9 / Section 64-9-110
Lessee's construction of projects
Status: in_force

(a) The state's property interest in the megasite is not subject to a lien recorded pursuant to title 66, chapter 11. (b) A lease between the authority and a third-party lessee for land within the megasite must provide that, in the event that a lien is filed against the third-party lessee's leasehold interest pursuant to title 66, chapter 11, the third-party lessee must record a bond in accordance with § 66-11-142 no later than thirty (30) days after the earlier of the date the third-party lessee receives notice of the claim of lien or the date the lien is recorded. (c) Notwithstanding any other law to the contrary, a third-party lessee is not an agent of the authority or this state for purposes of § 66-11-102(d) . (d) Notwithstanding any other law to the contrary, the authority and a third-party lessee are not required to comply with § 66-11-142 for construction activities undertaken by the third-party lessee pursuant to a lease between the authority and the third-party lessee. Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
(a) The state's property interest in the megasite is not subject to a lien recorded pursuant to title 66, chapter 11.
(b) A lease between the authority and a third-party lessee for land within the megasite must provide that, in the event that a lien is filed against the third-party lessee's leasehold interest pursuant to title 66, chapter 11, the third-party lessee must record a bond in accordance with § 66-11-142 no later than thirty (30) days after the earlier of the date the third-party lessee receives notice of the claim of lien or the date the lien is recorded.
(c) Notwithstanding any other law to the contrary, a third-party lessee is not an agent of the authority or this state for purposes of § 66-11-102(d) .
(d) Notwithstanding any other law to the contrary, the authority and a third-party lessee are not required to comply with § 66-11-142 for construction activities undertaken by the third-party lessee pursuant to a lease between the authority and the third-party lessee.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Tenn. Code Ann. § 64-1-605 — TN Code / Title 64 / Chapter 1 / Section 64-1-605
Membership fees for water systems receiving water from the upper Duck River watershed - Setting and review of fees
Status: in_force

(a) The board of directors shall set a per thousand-gallon membership fee to charge water systems for finished water pumped to a water system from the upper Duck River watershed. (b) The board of directors shall set the membership fee at a rate sufficient to fund only: (1) The agency's operating costs; and (2) The cost of regional water supply programs and projects approved by the technical advisory committee pursuant to § 64-1-608(d) and the board of directors. (c) The board of directors shall review the membership fee at least once every five (5) years and when appropriate revise the fee to ensure sufficient funding for increased or new operating, program, or project costs. (d) A water system shall pay to the agency the membership fee based on the finished water pumped to a water system coming from a water treatment plant that withdraws water from the upper Duck River watershed; provided, that the fee must not apply to water re-use from a wastewater treatment plant or recycled water from a water treatment plant. (e) The board of directors shall designate the method of payment and payment schedule for the membership fee. The proceeds of membership fee payments must be deposited into the trust fund maintained pursuant to § 64-1-604(g)(2) . Amended by 2024 Tenn. Acts, ch. 927,s 4, eff. 7/1/2024. Acts 1965, ch. 80, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 66-1-605; Acts 1987, ch. 209, § 3; 1989, ch. 403, § 5.
(a) The board of directors shall set a per thousand-gallon membership fee to charge water systems for finished water pumped to a water system from the upper Duck River watershed.
(b) The board of directors shall set the membership fee at a rate sufficient to fund only: (1) The agency's operating costs; and (2) The cost of regional water supply programs and projects approved by the technical advisory committee pursuant to § 64-1-608(d) and the board of directors.
(1) The agency's operating costs; and
(2) The cost of regional water supply programs and projects approved by the technical advisory committee pursuant to § 64-1-608(d) and the board of directors.
(c) The board of directors shall review the membership fee at least once every five (5) years and when appropriate revise the fee to ensure sufficient funding for increased or new operating, program, or project costs.
(d) A water system shall pay to the agency the membership fee based on the finished water pumped to a water system coming from a water treatment plant that withdraws water from the upper Duck River watershed; provided, that the fee must not apply to water re-use from a wastewater treatment plant or recycled water from a water treatment plant.
(e) The board of directors shall designate the method of payment and payment schedule for the membership fee. The proceeds of membership fee payments must be deposited into the trust fund maintained pursuant to § 64-1-604(g)(2) .
Amended by 2024 Tenn. Acts, ch. 927,s 4, eff. 7/1/2024.
Acts 1965, ch. 80, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 66-1-605; Acts 1987, ch. 209, § 3; 1989, ch. 403, § 5.
Tenn. Code Ann. § 64-8-302 — TN Code / Title 64 / Chapter 8 / Section 64-8-302
Part definitions
Status: in_force

For purposes of this part: (1) "Local government official" means the elected officials representing any county, municipal, or metropolitan government located within the boundaries of a metropolitan planning organization; and (2) "Metropolitan planning organization" means an agency that is designated or redesignated by a memorandum of understanding as a metropolitan planning organization in accordance with 23 U.S.C. § 134 ; provided, that the boundaries of the metropolitan planning organization are located entirely within this state; provided further, that the metropolitan planning organization contains not less than three (3) counties located within this state. Added by 2015 Tenn. Acts, ch. 479, s 1, eff. 5/18/2015.
For purposes of this part:
(1) "Local government official" means the elected officials representing any county, municipal, or metropolitan government located within the boundaries of a metropolitan planning organization; and
(2) "Metropolitan planning organization" means an agency that is designated or redesignated by a memorandum of understanding as a metropolitan planning organization in accordance with 23 U.S.C. § 134 ; provided, that the boundaries of the metropolitan planning organization are located entirely within this state; provided further, that the metropolitan planning organization contains not less than three (3) counties located within this state.
Added by 2015 Tenn. Acts, ch. 479, s 1, eff. 5/18/2015.
Tenn. Code Ann. § 64-2-207 — TN Code / Title 64 / Chapter 2 / Section 64-2-207
Eminent domain
Status: in_force

(a) The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. The condemnation proceedings shall be in accordance with title 29, chapters 16 and 17. (b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with a clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, deems proper and just. Acts 1977, ch. 479, § 7; T.C.A., §§ 65-3107, 66-2-207.
(a) The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. The condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with a clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, deems proper and just.
Acts 1977, ch. 479, § 7; T.C.A., §§ 65-3107, 66-2-207.
Tenn. Code Ann. § 64-2-309 — TN Code / Title 64 / Chapter 2 / Section 64-2-309
Operating revenues
Status: in_force

(a) The revenues derived from the operation of the properties and facilities authorized and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows: (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and (3) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenues shall go into the general funds of the participating counties, except as may be directed by the authority directors. (b) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 10; T.C.A., § 66-2-309.
(a) The revenues derived from the operation of the properties and facilities authorized and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows: (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and (3) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenues shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose;
(2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and
(3) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenues shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(b) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 10; T.C.A., § 66-2-309.
Tenn. Code Ann. § 64-1-1101 — TN Code / Title 64 / Chapter 1 / Section 64-1-1101
Creation - Purpose
Status: in_force

(a) There is created and established within the department of environment and conservation, the West Tennessee River basin authority, referred to as the "authority" in this part. (b) The authority is created to preserve the natural flow and function of the Hatchie, Loosahatchie, Obion and Forked Deer River basins through environmentally sensitive stream maintenance. The authority shall also seek to: (1) Maintain or stabilize the function of altered streams and rivers for which the expectation of altered drainage is well established because of agricultural or other land uses and for which the restoration of natural stream or river function is not practicable; (2) Restore, where practicable, in a self-sustaining manner, natural stream and floodplain dynamics and associated environmental and economic benefits; i.e., restore and conserve fisheries and wildlife habitat, wetlands, water quality and naturally or economically productive bottom land hardwood systems; (3) Facilitate the proper interaction of private activities adjacent to or affecting public waters that may be negatively affecting those waters; and (4) In general, provide regional and local leadership for the conservation and sustainable utilization of these river basins and the creek and river basins that flow through the counties of Benton, Decatur and Hardin into the Tennessee River. (c) These activities shall be accomplished in the twenty-county area of West Tennessee comprised of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, McNairy, Tipton, Fayette and Hardeman counties. (d) The authority shall be administered in such a way as to maximize the funds spent on actual work on the rivers and minimize administrative costs. (e) As an agency of the state, attached to the department, the authority shall be subject to all laws and regulations applicable to any state department. (f) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use. Amended by 2020 Tenn. Acts, ch. 667, s 4, eff. 4/2/2020. Acts 1996, ch. 890, § 2; 2003 , ch. 199, §§ 1, 2; 2007 , ch. 569, § 1.
(a) There is created and established within the department of environment and conservation, the West Tennessee River basin authority, referred to as the "authority" in this part.
(b) The authority is created to preserve the natural flow and function of the Hatchie, Loosahatchie, Obion and Forked Deer River basins through environmentally sensitive stream maintenance. The authority shall also seek to: (1) Maintain or stabilize the function of altered streams and rivers for which the expectation of altered drainage is well established because of agricultural or other land uses and for which the restoration of natural stream or river function is not practicable; (2) Restore, where practicable, in a self-sustaining manner, natural stream and floodplain dynamics and associated environmental and economic benefits; i.e., restore and conserve fisheries and wildlife habitat, wetlands, water quality and naturally or economically productive bottom land hardwood systems; (3) Facilitate the proper interaction of private activities adjacent to or affecting public waters that may be negatively affecting those waters; and (4) In general, provide regional and local leadership for the conservation and sustainable utilization of these river basins and the creek and river basins that flow through the counties of Benton, Decatur and Hardin into the Tennessee River.
(1) Maintain or stabilize the function of altered streams and rivers for which the expectation of altered drainage is well established because of agricultural or other land uses and for which the restoration of natural stream or river function is not practicable;
(2) Restore, where practicable, in a self-sustaining manner, natural stream and floodplain dynamics and associated environmental and economic benefits; i.e., restore and conserve fisheries and wildlife habitat, wetlands, water quality and naturally or economically productive bottom land hardwood systems;
(3) Facilitate the proper interaction of private activities adjacent to or affecting public waters that may be negatively affecting those waters; and
(4) In general, provide regional and local leadership for the conservation and sustainable utilization of these river basins and the creek and river basins that flow through the counties of Benton, Decatur and Hardin into the Tennessee River.
(c) These activities shall be accomplished in the twenty-county area of West Tennessee comprised of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, McNairy, Tipton, Fayette and Hardeman counties.
(d) The authority shall be administered in such a way as to maximize the funds spent on actual work on the rivers and minimize administrative costs.
(e) As an agency of the state, attached to the department, the authority shall be subject to all laws and regulations applicable to any state department.
(f) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.
Amended by 2020 Tenn. Acts, ch. 667, s 4, eff. 4/2/2020.
Acts 1996, ch. 890, § 2; 2003 , ch. 199, §§ 1, 2; 2007 , ch. 569, § 1.
Tenn. Code Ann. § 64-1-610 — TN Code / Title 64 / Chapter 1 / Section 64-1-610
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Technical advisory committee" or "DRATAC" means the Tennessee Duck River development agency technical advisory committee, created by § 64-1-608 ; (2) "Upper Duck River watershed" means Normandy Reservoir and the Duck River in Bedford, Coffee, Hickman, Marshall, and Maury counties and the Duck River's tributaries in Bedford, Coffee, Marshall, and Maury counties; and (3) "Water system" means a county, municipality, public water utility, or other governmental entity that: (A) Withdraws water from the upper Duck River watershed; and (B) Requires an aquatic resource alterations permit (ARAP). Added by 2024 Tenn. Acts, ch. 927,s 2, eff. 7/1/2024.
As used in this part, unless the context requires otherwise:
(1) "Technical advisory committee" or "DRATAC" means the Tennessee Duck River development agency technical advisory committee, created by § 64-1-608 ;
(2) "Upper Duck River watershed" means Normandy Reservoir and the Duck River in Bedford, Coffee, Hickman, Marshall, and Maury counties and the Duck River's tributaries in Bedford, Coffee, Marshall, and Maury counties; and
(3) "Water system" means a county, municipality, public water utility, or other governmental entity that: (A) Withdraws water from the upper Duck River watershed; and (B) Requires an aquatic resource alterations permit (ARAP).
(A) Withdraws water from the upper Duck River watershed; and
(B) Requires an aquatic resource alterations permit (ARAP).
Added by 2024 Tenn. Acts, ch. 927,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 64-1-904 — TN Code / Title 64 / Chapter 1 / Section 64-1-904
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022. Acts 1991, ch. 308, § 1.
Repealed by 2022 Tenn. Acts, ch. 731, s 2, eff. 3/24/2022.
Acts 1991, ch. 308, § 1.
Tenn. Code Ann. § 64-10-222 — TN Code / Title 64 / Chapter 10 / Section 64-10-222
Construction of part
Status: in_force

This part is remedial in nature and shall be liberally construed to effect its purpose and the powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this part. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
This part is remedial in nature and shall be liberally construed to effect its purpose and the powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this part.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-2-103 — TN Code / Title 64 / Chapter 2 / Section 64-2-103
Powers
Status: in_force

(a) Within the region of the authority, the authority may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the railroad service mentioned in this subsection (a), provide any other rail service in the region as the rail service is needed and feasible. (b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this part, in connection with the acquisition, construction, operation and maintenance of the properties and facilities, are declared to be public and corporate purposes and matters of public necessity. (c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property. Acts 2005, ch. 396, § 4.
(a) Within the region of the authority, the authority may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the railroad service mentioned in this subsection (a), provide any other rail service in the region as the rail service is needed and feasible.
(b) The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this part, in connection with the acquisition, construction, operation and maintenance of the properties and facilities, are declared to be public and corporate purposes and matters of public necessity.
(c) The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.
Acts 2005, ch. 396, § 4.
Tenn. Code Ann. § 64-10-112 — TN Code / Title 64 / Chapter 10 / Section 64-10-112
Conduct of financial affairs
Status: in_force

The financial affairs of the authority shall be conducted in accordance with state law and the procedures established by the comptroller of the treasury. The board may establish such bank accounts for the authority as the board deems appropriate and consistent with state law. The authority is authorized to invest any funds of the authority in any investment that would be an eligible investment of a county. Acts 1998, ch. 998, § 13; 2011, ch. 419, § 6.
The financial affairs of the authority shall be conducted in accordance with state law and the procedures established by the comptroller of the treasury. The board may establish such bank accounts for the authority as the board deems appropriate and consistent with state law. The authority is authorized to invest any funds of the authority in any investment that would be an eligible investment of a county.
Acts 1998, ch. 998, § 13; 2011, ch. 419, § 6.
Tenn. Code Ann. § 64-2-210 — TN Code / Title 64 / Chapter 2 / Section 64-2-210
Contracts
Status: in_force

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than ten thousand dollars ($10,000), or for construction, installation, repair or improvement of the property or facilities involving more than ten thousand dollars ($10,000) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service. Amended by 2024 Tenn. Acts, ch. 668,s 4, eff. 4/11/2024. Acts 1977, ch. 479, § 11; T.C.A., §§ 65-3110, 66-2-210.
All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than ten thousand dollars ($10,000), or for construction, installation, repair or improvement of the property or facilities involving more than ten thousand dollars ($10,000) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.
Amended by 2024 Tenn. Acts, ch. 668,s 4, eff. 4/11/2024.
Acts 1977, ch. 479, § 11; T.C.A., §§ 65-3110, 66-2-210.
Tenn. Code Ann. § 64-1-1215 — TN Code / Title 64 / Chapter 1 / Section 64-1-1215
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 740, s 1, eff. 6/22/2020.
Tenn. Code Ann. § 64-2-411 — TN Code / Title 64 / Chapter 2 / Section 64-2-411
Annual report
Status: in_force

(a) The board of directors of the authority shall report annually to the governing bodies of the various counties and cities within the boundaries of the authority. (b) Such reports shall include statements of financial receipts and expenditures and a summary of activities and accomplishments for the period and proposed plans for the next year and for subsequent years. Acts 1983, ch. 302, § 9.
(a) The board of directors of the authority shall report annually to the governing bodies of the various counties and cities within the boundaries of the authority.
(b) Such reports shall include statements of financial receipts and expenditures and a summary of activities and accomplishments for the period and proposed plans for the next year and for subsequent years.
Acts 1983, ch. 302, § 9.
Tenn. Code Ann. § 64-10-119 — TN Code / Title 64 / Chapter 10 / Section 64-10-119
Tax exemption - Jurisdiction - Consent not required
Status: in_force

(a) The authority, its properties at any time owned by it, and the income and revenues derived from such properties are exempt from all state, county, and municipal taxation. Notwithstanding this subsection (a) and § 64-10-101(a) , any property sold by the authority under a lease purchase agreement is not exempt from state, county, or municipal taxation. All bonds, notes, and other obligations issued by the authority and the income from such bonds, notes, and other obligations are exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes, or except as otherwise provided by state law. Bonds issued by the authority are deemed to be securities issued by a public instrumentality or a political subdivision of the state. (b) Neither the Tennessee public utility commission nor any board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of a system, including the regulation of its rates, fees, tolls or charges; provided, however, that the authority is subject to regulation by the department of environment and conservation as a public sewerage system. (c) Notwithstanding any other law to the contrary, the authority may acquire, construct, improve and extend a system in the region served by the authority without the consent of any county, city or utility district. Amended by 2019 Tenn. Acts, ch. 180, s 3, eff. 4/23/2019. Amended by 2017 Tenn. Acts, ch. 94, s 44, eff. 4/4/2017. Acts 2011 , ch. 419, § 10.
(a) The authority, its properties at any time owned by it, and the income and revenues derived from such properties are exempt from all state, county, and municipal taxation. Notwithstanding this subsection (a) and § 64-10-101(a) , any property sold by the authority under a lease purchase agreement is not exempt from state, county, or municipal taxation. All bonds, notes, and other obligations issued by the authority and the income from such bonds, notes, and other obligations are exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes, or except as otherwise provided by state law. Bonds issued by the authority are deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(b) Neither the Tennessee public utility commission nor any board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of a system, including the regulation of its rates, fees, tolls or charges; provided, however, that the authority is subject to regulation by the department of environment and conservation as a public sewerage system.
(c) Notwithstanding any other law to the contrary, the authority may acquire, construct, improve and extend a system in the region served by the authority without the consent of any county, city or utility district.
Amended by 2019 Tenn. Acts, ch. 180, s 3, eff. 4/23/2019.
Amended by 2017 Tenn. Acts, ch. 94, s 44, eff. 4/4/2017.
Acts 2011 , ch. 419, § 10.
Tenn. Code Ann. § 64-1-1208 — TN Code / Title 64 / Chapter 1 / Section 64-1-1208
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 740, s 1, eff. 6/22/2020.
Tenn. Code Ann. § 64-7-106 — TN Code / Title 64 / Chapter 7 / Section 64-7-106
Financing
Status: in_force

It is the intent of the state to assist financially with the development of powers and functions of the regional council and for the coordination of activities under this chapter. Funding is provided to the regional council in the amount and in the manner provided for in § 13-14-111 but is not limited to such funding. Amended by 2022 Tenn. Acts, ch. 837, s 4, eff. 4/19/2022. Acts 1988, ch. 886, § 1.
It is the intent of the state to assist financially with the development of powers and functions of the regional council and for the coordination of activities under this chapter. Funding is provided to the regional council in the amount and in the manner provided for in § 13-14-111 but is not limited to such funding.
Amended by 2022 Tenn. Acts, ch. 837, s 4, eff. 4/19/2022.
Acts 1988, ch. 886, § 1.