Tenn. Code Ann. § 64-1-203 — TN Code / Title 64 / Chapter 1 / Section 64-1-203
Board of directors - Officers - Meetings - Expenses - Quorum
Status: in_force

(a) The organization of the authority is as follows: (1) The authority shall be governed by a board of directors; (2) (A) Membership of the board of directors shall consist of: (i) The presiding officer of the county legislative body or the presiding officer's authorized representative and one (1) other member from the county legislative body in each county that is a member of the authority. The terms of such members shall coincide with their terms of office; but such membership may, at the discretion of the respective county legislative body, be rotated annually; (ii) The chair or the chair's authorized representative and one (1) member of the council of the city of Memphis. The terms of such members shall coincide with their terms of office, but such membership may, at the discretion of the council, be rotated annually; (iii) One (1) member at large, to be appointed by the governor to serve during the governor's term of office; (iv) The mayor of Shelby County or the mayor's authorized representative; (v) One (1) member from each county soil and water conservation district board of supervisors from each county that is a member of the authority, as established under title 43, chapter 14, part 2. The term of such member shall coincide with the member's term of office on the district board, but such membership may, at the discretion of the district board, be rotated annually; and (vi) The mayor, or the mayor's authorized representative, of each incorporated municipality within counties that are members of the authority; (B) No person shall be appointed to the board by any legislative body or the governor who has an interest, either indirect ownership or through a trustee, in real property that is to be acquired by the Chickasaw basin authority. Any person not eligible for appointment due to the prohibitions in this subdivision (a)(2)(B) who accepts such appointment shall be subject to the penalties set forth in §§ 12-4-101 and 12-4-102 . Whenever public officials who are members of the board by virtue of office, including the presiding officer of the county legislative bodies in each county that is a member of the authority, the chair of the council of the city of Memphis, the mayor of Shelby County and the mayor of each incorporated municipality within counties that are members of the authority, are not eligible to serve as a member of the board due to this subdivision (a)(2)(B), the legislative body of the respective county or municipality shall elect an authorized representative to serve in place of the public officials; and (3) Upon completion of its membership, the appointees shall meet and organize at Memphis, elect a chair, vice chair and secretary-treasurer and set a regular time and place for meetings of the board. The officers of the board of directors shall be elected annually at the first meeting of each calendar year. (b) Directors and ex officio members shall serve without compensation, except reimbursements for actual traveling and other expenses incurred in the performance of their official duties, subject to such funds as may be available to the authority and with the approval of their respective elected legislative bodies. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (c) The authority shall act only by vote or concurrence of a majority of a quorum of its membership. A quorum shall be not less than one-half (½) of the members of the authority. (d) (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1). Amended by 2021 Tenn. Acts, ch. 203, s 16, eff. 4/22/2021. Amended by 2020 Tenn. Acts, ch. 663, s 3, eff. 4/2/2020. Acts 1973, ch. 409, § 3; 1976, ch. 806, § 1 (132); 1976, ch. 847, §§ 3, 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; Acts 1980, ch. 757, § 1; T.C.A., § 66-1-203 .
(a) The organization of the authority is as follows: (1) The authority shall be governed by a board of directors; (2) (A) Membership of the board of directors shall consist of: (i) The presiding officer of the county legislative body or the presiding officer's authorized representative and one (1) other member from the county legislative body in each county that is a member of the authority. The terms of such members shall coincide with their terms of office; but such membership may, at the discretion of the respective county legislative body, be rotated annually; (ii) The chair or the chair's authorized representative and one (1) member of the council of the city of Memphis. The terms of such members shall coincide with their terms of office, but such membership may, at the discretion of the council, be rotated annually; (iii) One (1) member at large, to be appointed by the governor to serve during the governor's term of office; (iv) The mayor of Shelby County or the mayor's authorized representative; (v) One (1) member from each county soil and water conservation district board of supervisors from each county that is a member of the authority, as established under title 43, chapter 14, part 2. The term of such member shall coincide with the member's term of office on the district board, but such membership may, at the discretion of the district board, be rotated annually; and (vi) The mayor, or the mayor's authorized representative, of each incorporated municipality within counties that are members of the authority; (B) No person shall be appointed to the board by any legislative body or the governor who has an interest, either indirect ownership or through a trustee, in real property that is to be acquired by the Chickasaw basin authority. Any person not eligible for appointment due to the prohibitions in this subdivision (a)(2)(B) who accepts such appointment shall be subject to the penalties set forth in §§ 12-4-101 and 12-4-102 . Whenever public officials who are members of the board by virtue of office, including the presiding officer of the county legislative bodies in each county that is a member of the authority, the chair of the council of the city of Memphis, the mayor of Shelby County and the mayor of each incorporated municipality within counties that are members of the authority, are not eligible to serve as a member of the board due to this subdivision (a)(2)(B), the legislative body of the respective county or municipality shall elect an authorized representative to serve in place of the public officials; and (3) Upon completion of its membership, the appointees shall meet and organize at Memphis, elect a chair, vice chair and secretary-treasurer and set a regular time and place for meetings of the board. The officers of the board of directors shall be elected annually at the first meeting of each calendar year.
(1) The authority shall be governed by a board of directors;
(2) (A) Membership of the board of directors shall consist of: (i) The presiding officer of the county legislative body or the presiding officer's authorized representative and one (1) other member from the county legislative body in each county that is a member of the authority. The terms of such members shall coincide with their terms of office; but such membership may, at the discretion of the respective county legislative body, be rotated annually; (ii) The chair or the chair's authorized representative and one (1) member of the council of the city of Memphis. The terms of such members shall coincide with their terms of office, but such membership may, at the discretion of the council, be rotated annually; (iii) One (1) member at large, to be appointed by the governor to serve during the governor's term of office; (iv) The mayor of Shelby County or the mayor's authorized representative; (v) One (1) member from each county soil and water conservation district board of supervisors from each county that is a member of the authority, as established under title 43, chapter 14, part 2. The term of such member shall coincide with the member's term of office on the district board, but such membership may, at the discretion of the district board, be rotated annually; and (vi) The mayor, or the mayor's authorized representative, of each incorporated municipality within counties that are members of the authority; (B) No person shall be appointed to the board by any legislative body or the governor who has an interest, either indirect ownership or through a trustee, in real property that is to be acquired by the Chickasaw basin authority. Any person not eligible for appointment due to the prohibitions in this subdivision (a)(2)(B) who accepts such appointment shall be subject to the penalties set forth in §§ 12-4-101 and 12-4-102 . Whenever public officials who are members of the board by virtue of office, including the presiding officer of the county legislative bodies in each county that is a member of the authority, the chair of the council of the city of Memphis, the mayor of Shelby County and the mayor of each incorporated municipality within counties that are members of the authority, are not eligible to serve as a member of the board due to this subdivision (a)(2)(B), the legislative body of the respective county or municipality shall elect an authorized representative to serve in place of the public officials; and
(A) Membership of the board of directors shall consist of: (i) The presiding officer of the county legislative body or the presiding officer's authorized representative and one (1) other member from the county legislative body in each county that is a member of the authority. The terms of such members shall coincide with their terms of office; but such membership may, at the discretion of the respective county legislative body, be rotated annually; (ii) The chair or the chair's authorized representative and one (1) member of the council of the city of Memphis. The terms of such members shall coincide with their terms of office, but such membership may, at the discretion of the council, be rotated annually; (iii) One (1) member at large, to be appointed by the governor to serve during the governor's term of office; (iv) The mayor of Shelby County or the mayor's authorized representative; (v) One (1) member from each county soil and water conservation district board of supervisors from each county that is a member of the authority, as established under title 43, chapter 14, part 2. The term of such member shall coincide with the member's term of office on the district board, but such membership may, at the discretion of the district board, be rotated annually; and (vi) The mayor, or the mayor's authorized representative, of each incorporated municipality within counties that are members of the authority;
(i) The presiding officer of the county legislative body or the presiding officer's authorized representative and one (1) other member from the county legislative body in each county that is a member of the authority. The terms of such members shall coincide with their terms of office; but such membership may, at the discretion of the respective county legislative body, be rotated annually;
(ii) The chair or the chair's authorized representative and one (1) member of the council of the city of Memphis. The terms of such members shall coincide with their terms of office, but such membership may, at the discretion of the council, be rotated annually;
(iii) One (1) member at large, to be appointed by the governor to serve during the governor's term of office;
(iv) The mayor of Shelby County or the mayor's authorized representative;
(v) One (1) member from each county soil and water conservation district board of supervisors from each county that is a member of the authority, as established under title 43, chapter 14, part 2. The term of such member shall coincide with the member's term of office on the district board, but such membership may, at the discretion of the district board, be rotated annually; and
(vi) The mayor, or the mayor's authorized representative, of each incorporated municipality within counties that are members of the authority;
(B) No person shall be appointed to the board by any legislative body or the governor who has an interest, either indirect ownership or through a trustee, in real property that is to be acquired by the Chickasaw basin authority. Any person not eligible for appointment due to the prohibitions in this subdivision (a)(2)(B) who accepts such appointment shall be subject to the penalties set forth in §§ 12-4-101 and 12-4-102 . Whenever public officials who are members of the board by virtue of office, including the presiding officer of the county legislative bodies in each county that is a member of the authority, the chair of the council of the city of Memphis, the mayor of Shelby County and the mayor of each incorporated municipality within counties that are members of the authority, are not eligible to serve as a member of the board due to this subdivision (a)(2)(B), the legislative body of the respective county or municipality shall elect an authorized representative to serve in place of the public officials; and
(3) Upon completion of its membership, the appointees shall meet and organize at Memphis, elect a chair, vice chair and secretary-treasurer and set a regular time and place for meetings of the board. The officers of the board of directors shall be elected annually at the first meeting of each calendar year.
(b) Directors and ex officio members shall serve without compensation, except reimbursements for actual traveling and other expenses incurred in the performance of their official duties, subject to such funds as may be available to the authority and with the approval of their respective elected legislative bodies. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c) The authority shall act only by vote or concurrence of a majority of a quorum of its membership. A quorum shall be not less than one-half (½) of the members of the authority.
(d) (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
(1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
(2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
Amended by 2021 Tenn. Acts, ch. 203, s 16, eff. 4/22/2021.
Amended by 2020 Tenn. Acts, ch. 663, s 3, eff. 4/2/2020.
Acts 1973, ch. 409, § 3; 1976, ch. 806, § 1 (132); 1976, ch. 847, §§ 3, 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; Acts 1980, ch. 757, § 1; T.C.A., § 66-1-203 .
Tenn. Code Ann. § 64-1-102 — TN Code / Title 64 / Chapter 1 / Section 64-1-102
Powers and duties - Eminent domain - Tax-exempt status
Status: in_force

(a) The authority is specifically authorized and empowered to do any and all things necessary in forming and executing a plan for the comprehensive development of the resources of the Beech River watershed, including an action in cooperation, when necessary, with appropriate local, state, and federal agencies, in the fields of agriculture, forestry, drainage and flood control, land reclamation, electric power utilization, irrigation, water conservation and supply, recreation, public health, manufacturing, and trade. To that end the authority: (1) Shall have succession in its corporate name; (2) May sue and be sued in its corporate name; (3) May adopt and use a corporate seal; (4) May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs; (5) May make contracts and execute instruments containing such terms, provisions and conditions as in the judgment of the board of directors may be necessary, proper or advisable in the exercise of the powers conferred upon it in this part, including, but not limited to, contracts for grants, loans or other assistance from any federal agency and contracts with corporations, associations or individuals for construction work in the furtherance of any development project and may carry out and perform the terms and conditions of all such contracts or instruments; (6) May acquire by purchase, lease, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary to the exercise of its powers or functions. Acquisition by condemnation is limited to land, rights in land, including leaseholds and easements, and water rights in the Beech River watershed that, if taken for channel improvement along an unimpounded portion of the Beech River stream system, lie within the present floodplain of the main stream or of a tributary of the Beech River and, if bordering an impoundment or detention reservoir, lie within two thousand six hundred fifty feet (2,650') of the nearest point on the maximum shoreline contour of such impoundment. The amount and character of interests in land, rights in land and water rights to be acquired within either of these boundaries shall be determined by the board of directors, which determination shall be final; (7) May issue its bonds from time to time in a total amount not to exceed one million dollars ($1,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interests therein and the development of the resources of the Beech River watershed and expenses incidental thereto; may secure such bonds by a pledge of all or any part of the revenues that may now or hereafter come to the authority from any source, by a mortgage or deed of trust of the authority's land or any part thereof, or by a combination of the two (2); and may make such contracts or covenants in the issuance of such bonds as may be necessary to ensure the marketability thereof; (8) May arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines; (9) May enter into contracts with municipalities, corporations, other public agencies or political subdivisions of any kind or with others for the sale of water from reservoirs in the Beech River system under its control for municipal, domestic, agricultural or industrial use or any other services, facilities or commodities that the authority may be in a position to supply; (10) May develop or provide for the development of residential and commercial property existing within the Beech River system, and may develop reservoirs and shoreline lands for recreational use and provide for their operation or use for this purpose directly or by concessionaires, lessees, or vendees of shoreline lands; (11) May sell or lease shoreline lands acquired in connection with development of the Beech River system for uses consistent with the authority's development plans and subject to such restrictions as the authority deems necessary for reservoir protection and to such requirements as to: (A) Character of improvements and activities on the lands; and (B) Time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plans; and (12) May manage or operate reservoirs or shoreline lands of reservoirs owned by the United States under appropriate agreements with the federal agency or agencies having custody and control thereof. (b) (1) The authority's power of eminent domain may be exercised under title 29, chapter 16, or pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain. (2) (A) At any time on or after the filing of a petition for condemnation of property and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or part of the property described in the petition is being taken for the use of the authority. The declaration of taking is sufficient if it sets forth: (i) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (ii) A statement of the estate or interest in the property being taken; and (iii) A statement of the sum of money estimated by the authority to be just compensation for the property taken. (B) At any time prior to the vesting of title to property in the authority, the authority may withdraw or dismiss its petition with respect to any and all of the property described in the petition. (3) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the authority, free from the right, title, interest or lien of all parties to the cause; and the property shall be deemed to be condemned and taken for the use of the authority, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession are required to surrender possession to the authority. (4) The ultimate amount of compensation shall be determined pursuant to title 29, chapter 16. If the amount so fixed exceeds the amount so deposited in the court by the authority or otherwise paid to the persons entitled thereto, the court shall enter judgment against the authority in the amount of such deficiency, together with interest at the legal rate on such deficiency from the date of the vesting of title to the date of entry of the final judgment, subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the authority; and the court shall order the authority to deposit the amount of such deficiency in court. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceedings. Interest is not allowed on so much of the just compensation as has been paid into court with the declaration of taking. In case the amount deposited in court by the authority as the estimated compensation for the property exceeds the amount of the final award or judgment, such excess shall be returned to the authority. (5) As an alternative to the procedure provided in subdivisions (b)(2)-(4), the authority may file in the court where condemnation proceedings of the authority are pending an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just. (c) During the time that title to land or rights in land are held by the authority, they are exempt from all taxes levied by the state or any of its political subdivisions, or instrumentalities of either, and all other property and activities of the authority are similarly exempt. (d) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use. Amended by 2020 Tenn. Acts, ch. 661, Secs.s5, s6 eff. 4/2/2020. Amended by 2013 Tenn. Acts, ch. 149, s 1, eff. 4/12/2013. Acts 1963, ch. 343, § 2; T.C.A., § 66-1-102 .
(a) The authority is specifically authorized and empowered to do any and all things necessary in forming and executing a plan for the comprehensive development of the resources of the Beech River watershed, including an action in cooperation, when necessary, with appropriate local, state, and federal agencies, in the fields of agriculture, forestry, drainage and flood control, land reclamation, electric power utilization, irrigation, water conservation and supply, recreation, public health, manufacturing, and trade. To that end the authority: (1) Shall have succession in its corporate name; (2) May sue and be sued in its corporate name; (3) May adopt and use a corporate seal; (4) May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs; (5) May make contracts and execute instruments containing such terms, provisions and conditions as in the judgment of the board of directors may be necessary, proper or advisable in the exercise of the powers conferred upon it in this part, including, but not limited to, contracts for grants, loans or other assistance from any federal agency and contracts with corporations, associations or individuals for construction work in the furtherance of any development project and may carry out and perform the terms and conditions of all such contracts or instruments; (6) May acquire by purchase, lease, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary to the exercise of its powers or functions. Acquisition by condemnation is limited to land, rights in land, including leaseholds and easements, and water rights in the Beech River watershed that, if taken for channel improvement along an unimpounded portion of the Beech River stream system, lie within the present floodplain of the main stream or of a tributary of the Beech River and, if bordering an impoundment or detention reservoir, lie within two thousand six hundred fifty feet (2,650') of the nearest point on the maximum shoreline contour of such impoundment. The amount and character of interests in land, rights in land and water rights to be acquired within either of these boundaries shall be determined by the board of directors, which determination shall be final; (7) May issue its bonds from time to time in a total amount not to exceed one million dollars ($1,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interests therein and the development of the resources of the Beech River watershed and expenses incidental thereto; may secure such bonds by a pledge of all or any part of the revenues that may now or hereafter come to the authority from any source, by a mortgage or deed of trust of the authority's land or any part thereof, or by a combination of the two (2); and may make such contracts or covenants in the issuance of such bonds as may be necessary to ensure the marketability thereof; (8) May arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines; (9) May enter into contracts with municipalities, corporations, other public agencies or political subdivisions of any kind or with others for the sale of water from reservoirs in the Beech River system under its control for municipal, domestic, agricultural or industrial use or any other services, facilities or commodities that the authority may be in a position to supply; (10) May develop or provide for the development of residential and commercial property existing within the Beech River system, and may develop reservoirs and shoreline lands for recreational use and provide for their operation or use for this purpose directly or by concessionaires, lessees, or vendees of shoreline lands; (11) May sell or lease shoreline lands acquired in connection with development of the Beech River system for uses consistent with the authority's development plans and subject to such restrictions as the authority deems necessary for reservoir protection and to such requirements as to: (A) Character of improvements and activities on the lands; and (B) Time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plans; and (12) May manage or operate reservoirs or shoreline lands of reservoirs owned by the United States under appropriate agreements with the federal agency or agencies having custody and control thereof.
(1) Shall have succession in its corporate name;
(2) May sue and be sued in its corporate name;
(3) May adopt and use a corporate seal;
(4) May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs;
(5) May make contracts and execute instruments containing such terms, provisions and conditions as in the judgment of the board of directors may be necessary, proper or advisable in the exercise of the powers conferred upon it in this part, including, but not limited to, contracts for grants, loans or other assistance from any federal agency and contracts with corporations, associations or individuals for construction work in the furtherance of any development project and may carry out and perform the terms and conditions of all such contracts or instruments;
(6) May acquire by purchase, lease, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary to the exercise of its powers or functions. Acquisition by condemnation is limited to land, rights in land, including leaseholds and easements, and water rights in the Beech River watershed that, if taken for channel improvement along an unimpounded portion of the Beech River stream system, lie within the present floodplain of the main stream or of a tributary of the Beech River and, if bordering an impoundment or detention reservoir, lie within two thousand six hundred fifty feet (2,650') of the nearest point on the maximum shoreline contour of such impoundment. The amount and character of interests in land, rights in land and water rights to be acquired within either of these boundaries shall be determined by the board of directors, which determination shall be final;
(7) May issue its bonds from time to time in a total amount not to exceed one million dollars ($1,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interests therein and the development of the resources of the Beech River watershed and expenses incidental thereto; may secure such bonds by a pledge of all or any part of the revenues that may now or hereafter come to the authority from any source, by a mortgage or deed of trust of the authority's land or any part thereof, or by a combination of the two (2); and may make such contracts or covenants in the issuance of such bonds as may be necessary to ensure the marketability thereof;
(8) May arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines;
(9) May enter into contracts with municipalities, corporations, other public agencies or political subdivisions of any kind or with others for the sale of water from reservoirs in the Beech River system under its control for municipal, domestic, agricultural or industrial use or any other services, facilities or commodities that the authority may be in a position to supply;
(10) May develop or provide for the development of residential and commercial property existing within the Beech River system, and may develop reservoirs and shoreline lands for recreational use and provide for their operation or use for this purpose directly or by concessionaires, lessees, or vendees of shoreline lands;
(11) May sell or lease shoreline lands acquired in connection with development of the Beech River system for uses consistent with the authority's development plans and subject to such restrictions as the authority deems necessary for reservoir protection and to such requirements as to: (A) Character of improvements and activities on the lands; and (B) Time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plans; and
(A) Character of improvements and activities on the lands; and
(B) Time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plans; and
(12) May manage or operate reservoirs or shoreline lands of reservoirs owned by the United States under appropriate agreements with the federal agency or agencies having custody and control thereof.
(b) (1) The authority's power of eminent domain may be exercised under title 29, chapter 16, or pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain. (2) (A) At any time on or after the filing of a petition for condemnation of property and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or part of the property described in the petition is being taken for the use of the authority. The declaration of taking is sufficient if it sets forth: (i) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (ii) A statement of the estate or interest in the property being taken; and (iii) A statement of the sum of money estimated by the authority to be just compensation for the property taken. (B) At any time prior to the vesting of title to property in the authority, the authority may withdraw or dismiss its petition with respect to any and all of the property described in the petition. (3) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the authority, free from the right, title, interest or lien of all parties to the cause; and the property shall be deemed to be condemned and taken for the use of the authority, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession are required to surrender possession to the authority. (4) The ultimate amount of compensation shall be determined pursuant to title 29, chapter 16. If the amount so fixed exceeds the amount so deposited in the court by the authority or otherwise paid to the persons entitled thereto, the court shall enter judgment against the authority in the amount of such deficiency, together with interest at the legal rate on such deficiency from the date of the vesting of title to the date of entry of the final judgment, subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the authority; and the court shall order the authority to deposit the amount of such deficiency in court. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceedings. Interest is not allowed on so much of the just compensation as has been paid into court with the declaration of taking. In case the amount deposited in court by the authority as the estimated compensation for the property exceeds the amount of the final award or judgment, such excess shall be returned to the authority. (5) As an alternative to the procedure provided in subdivisions (b)(2)-(4), the authority may file in the court where condemnation proceedings of the authority are pending an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.
(1) The authority's power of eminent domain may be exercised under title 29, chapter 16, or pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain.
(2) (A) At any time on or after the filing of a petition for condemnation of property and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or part of the property described in the petition is being taken for the use of the authority. The declaration of taking is sufficient if it sets forth: (i) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (ii) A statement of the estate or interest in the property being taken; and (iii) A statement of the sum of money estimated by the authority to be just compensation for the property taken. (B) At any time prior to the vesting of title to property in the authority, the authority may withdraw or dismiss its petition with respect to any and all of the property described in the petition.
(A) At any time on or after the filing of a petition for condemnation of property and before the entry of final judgment, the authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the authority declaring that all or part of the property described in the petition is being taken for the use of the authority. The declaration of taking is sufficient if it sets forth: (i) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (ii) A statement of the estate or interest in the property being taken; and (iii) A statement of the sum of money estimated by the authority to be just compensation for the property taken.
(i) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof;
(ii) A statement of the estate or interest in the property being taken; and
(iii) A statement of the sum of money estimated by the authority to be just compensation for the property taken.
(B) At any time prior to the vesting of title to property in the authority, the authority may withdraw or dismiss its petition with respect to any and all of the property described in the petition.
(3) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the authority, free from the right, title, interest or lien of all parties to the cause; and the property shall be deemed to be condemned and taken for the use of the authority, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession are required to surrender possession to the authority.
(4) The ultimate amount of compensation shall be determined pursuant to title 29, chapter 16. If the amount so fixed exceeds the amount so deposited in the court by the authority or otherwise paid to the persons entitled thereto, the court shall enter judgment against the authority in the amount of such deficiency, together with interest at the legal rate on such deficiency from the date of the vesting of title to the date of entry of the final judgment, subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the authority; and the court shall order the authority to deposit the amount of such deficiency in court. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceedings. Interest is not allowed on so much of the just compensation as has been paid into court with the declaration of taking. In case the amount deposited in court by the authority as the estimated compensation for the property exceeds the amount of the final award or judgment, such excess shall be returned to the authority.
(5) As an alternative to the procedure provided in subdivisions (b)(2)-(4), the authority may file in the court where condemnation proceedings of the authority are pending an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.
(c) During the time that title to land or rights in land are held by the authority, they are exempt from all taxes levied by the state or any of its political subdivisions, or instrumentalities of either, and all other property and activities of the authority are similarly exempt.
(d) The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.
Amended by 2020 Tenn. Acts, ch. 661, Secs.s5, s6 eff. 4/2/2020.
Amended by 2013 Tenn. Acts, ch. 149, s 1, eff. 4/12/2013.
Acts 1963, ch. 343, § 2; T.C.A., § 66-1-102 .
Tenn. Code Ann. § 64-10-121 — TN Code / Title 64 / Chapter 10 / Section 64-10-121
No restriction or limitation on powers of county, city or utility district - Powers cumulative and supplemental
Status: in_force

Nothing contained in this part shall be construed as a restriction or a limitation upon any powers that a county, city or utility district might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceedings, notice or approval shall be required with respect to the issuance of bonds, notes or other obligations of the authority or any instrument as security for the bonds, notes or other obligations except as provided in this part, any law to the contrary notwithstanding; provided, that nothing in this section shall be construed to deprive the state and its governmental subdivisions of their respective police powers or to impair any power of any official or agency of the state and its governmental subdivisions that may be otherwise provided by law. Acts 2011, ch. 419, § 12.
Nothing contained in this part shall be construed as a restriction or a limitation upon any powers that a county, city or utility district might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceedings, notice or approval shall be required with respect to the issuance of bonds, notes or other obligations of the authority or any instrument as security for the bonds, notes or other obligations except as provided in this part, any law to the contrary notwithstanding; provided, that nothing in this section shall be construed to deprive the state and its governmental subdivisions of their respective police powers or to impair any power of any official or agency of the state and its governmental subdivisions that may be otherwise provided by law.
Acts 2011, ch. 419, § 12.
Tenn. Code Ann. § 64-7-101 — TN Code / Title 64 / Chapter 7 / Section 64-7-101
Creation - Purpose
Status: in_force

(a) There is hereby created and established the Greater Nashville regional council, being a public body corporate and politic created on behalf of the counties of Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson and Wilson and all incorporated municipalities and metropolitan governments located within these counties. (b) The general assembly hereby finds that it is necessary and desirable to create and establish the Greater Nashville regional council and empower the regional council with the duties, powers and authority set forth in this chapter, based in part on the finding of the general assembly as follows: (1) The local governments comprising the regional council have experienced and are projected to experience continued rapid growth of residential, commercial and industrial development, which growth mandates coordination of planning, economic development and projects by and between local governments; (2) This growth results in part from the location of major national and international industries and manufacturing facilities within the region, including support and corollary industries; (3) The local governments within the region must plan, finance and implement projects, such as construction and upgrading of roads, highways and infrastructure as a direct result of increased demand attributable to growth within the region, much of which crosses local government jurisdictional boundaries; and (4) It is in furtherance of the public policy of the state to create the regional council for the purpose of assuring continued growth and development in a manner that will preserve, protect and enhance the special quality of life indigenous to Tennessee. It is the further intent of the general assembly that the provisions and intent of this chapter be liberally construed. (c) The regional council established pursuant to this chapter supersedes and is established in lieu of the Mid-Cumberland development district, previously established pursuant to the Development District Act of 1965, compiled in title 13, chapter 14, and the Mid-Cumberland council of governments established by agreement of the local governments pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9. It is the intent and purpose of the general assembly to establish the regional council with the powers and duties set forth in this chapter, in lieu of and in substitution of the Mid-Cumberland development district and Mid-Cumberland council of governments. All funding provided to the Mid-Cumberland development district pursuant to § 13-14-111 shall now and hereafter be provided to the regional council in the amount and manner as set forth in § 13-14-111 . (d) The regional council is created and established for the purpose of regional planning, economic development and interlocal agreements and cooperation for the geographical area embracing the above counties and incorporated municipalities located therein, referred to as the "region" in this chapter. (e) The regional council's role in regional planning, economic development and interlocal agreements and cooperation includes the coordination of these activities and programs with those of other federal, state and local planning and development agencies. Acts 1988, ch. 886, § 1.
(a) There is hereby created and established the Greater Nashville regional council, being a public body corporate and politic created on behalf of the counties of Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson and Wilson and all incorporated municipalities and metropolitan governments located within these counties.
(b) The general assembly hereby finds that it is necessary and desirable to create and establish the Greater Nashville regional council and empower the regional council with the duties, powers and authority set forth in this chapter, based in part on the finding of the general assembly as follows: (1) The local governments comprising the regional council have experienced and are projected to experience continued rapid growth of residential, commercial and industrial development, which growth mandates coordination of planning, economic development and projects by and between local governments; (2) This growth results in part from the location of major national and international industries and manufacturing facilities within the region, including support and corollary industries; (3) The local governments within the region must plan, finance and implement projects, such as construction and upgrading of roads, highways and infrastructure as a direct result of increased demand attributable to growth within the region, much of which crosses local government jurisdictional boundaries; and (4) It is in furtherance of the public policy of the state to create the regional council for the purpose of assuring continued growth and development in a manner that will preserve, protect and enhance the special quality of life indigenous to Tennessee. It is the further intent of the general assembly that the provisions and intent of this chapter be liberally construed.
(1) The local governments comprising the regional council have experienced and are projected to experience continued rapid growth of residential, commercial and industrial development, which growth mandates coordination of planning, economic development and projects by and between local governments;
(2) This growth results in part from the location of major national and international industries and manufacturing facilities within the region, including support and corollary industries;
(3) The local governments within the region must plan, finance and implement projects, such as construction and upgrading of roads, highways and infrastructure as a direct result of increased demand attributable to growth within the region, much of which crosses local government jurisdictional boundaries; and
(4) It is in furtherance of the public policy of the state to create the regional council for the purpose of assuring continued growth and development in a manner that will preserve, protect and enhance the special quality of life indigenous to Tennessee. It is the further intent of the general assembly that the provisions and intent of this chapter be liberally construed.
(c) The regional council established pursuant to this chapter supersedes and is established in lieu of the Mid-Cumberland development district, previously established pursuant to the Development District Act of 1965, compiled in title 13, chapter 14, and the Mid-Cumberland council of governments established by agreement of the local governments pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9. It is the intent and purpose of the general assembly to establish the regional council with the powers and duties set forth in this chapter, in lieu of and in substitution of the Mid-Cumberland development district and Mid-Cumberland council of governments. All funding provided to the Mid-Cumberland development district pursuant to § 13-14-111 shall now and hereafter be provided to the regional council in the amount and manner as set forth in § 13-14-111 .
(d) The regional council is created and established for the purpose of regional planning, economic development and interlocal agreements and cooperation for the geographical area embracing the above counties and incorporated municipalities located therein, referred to as the "region" in this chapter.
(e) The regional council's role in regional planning, economic development and interlocal agreements and cooperation includes the coordination of these activities and programs with those of other federal, state and local planning and development agencies.
Acts 1988, ch. 886, § 1.
Tenn. Code Ann. § 64-2-303 — TN Code / Title 64 / Chapter 2 / Section 64-2-303
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 section, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use, and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 1, 2, 12; T.C.A., § 66-2-303.
(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 section, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use, and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 1, 2, 12; T.C.A., § 66-2-303.
Tenn. Code Ann. § 64-2-202 — TN Code / Title 64 / Chapter 2 / Section 64-2-202
Effective date
Status: in_force

This part shall take effect when: (1) Three (3) or more of the counties of Dickson, Hickman, Lewis, Perry, and Wayne and the cities of Dickson, Centerville, and Hohenwald are authorized by a vote of two-thirds (2/3) 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 officer to the secretary of state; (3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority; and (4) Action taken by a county or city identified in subdivision (1) to become a member of the authority prior to the effective date of this act remains effective and further action is not required by such county or city. Only cities and counties identified in subdivision (1) are authorized to be members of the authority. Amended by 2024 Tenn. Acts, ch. 668,s 2, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 668,s 1, eff. 4/11/2024. Acts 1977, ch. 479, § 17; T.C.A., §§ 65-3102, 66-2-202.
This part shall take effect when:
(1) Three (3) or more of the counties of Dickson, Hickman, Lewis, Perry, and Wayne and the cities of Dickson, Centerville, and Hohenwald are authorized by a vote of two-thirds (2/3) 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 officer to the secretary of state;
(3) The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority; and
(4) Action taken by a county or city identified in subdivision (1) to become a member of the authority prior to the effective date of this act remains effective and further action is not required by such county or city. Only cities and counties identified in subdivision (1) are authorized to be members of the authority.
Amended by 2024 Tenn. Acts, ch. 668,s 2, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 668,s 1, eff. 4/11/2024.
Acts 1977, ch. 479, § 17; T.C.A., §§ 65-3102, 66-2-202.
Tenn. Code Ann. § 64-1-704 — TN Code / Title 64 / Chapter 1 / Section 64-1-704
Bonds
Status: in_force

(a) (1) Except as otherwise expressly provided in this section, all bonds issued by the agency are payable solely out of the revenues and receipts derived from the agency's projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. (2) Such bonds may be executed and delivered by the agency at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without this state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the agency and may contain such provisions not inconsistent herewith, all as are provided in the proceedings of the board of directors whereunder the bonds are authorized to be issued. (3) If deemed advisable by the board of directors, there may be retained in the proceedings under which any bonds of the agency are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of the bonds, but nothing contained in this subdivision (a)(3) shall be construed to confer on the agency any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued. (4) Any bonds of the agency may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board of directors of the agency to be most advantageous, and the agency may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance thereof. (5) Issuance by the agency of one (1) or more series of bonds for one (1) or more purposes does not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds. (6) Proceeds of bonds issued by the agency may be used for the purposes of: (A) Constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion; (B) Payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds; and (C) The establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment. (b) Any bonds or notes of the agency at any time outstanding may at any time and from time to time be refunded by the agency by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following: (1) The principal amount of the obligations being refinanced; (2) Applicable redemption premiums thereon; (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds; (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the agency; (5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve; (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and (7) Expenses, premiums and commissions of the agency, including bond discounts, deemed by the board of directors to be necessary for the issuance of the refunding bonds. A determination by the board of directors that any refinancing is advantageous or necessary to the agency, that any of the amounts provided in this subdivision (b)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity shall be conclusive. (c) Any such refunding may be effected whether the obligations to be refunded have then matured or thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise. (d) Prior to the issuance of the refunding bonds, the board of directors shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (d). (e) If any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations. (f) The principal proceeds from the sale of any refunding bonds shall be applied only to: (1) The immediate payment and retirement of the obligations being refunded; or (2) The extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded and to pay any expenses incurred in connection with such refunding; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subdivision (f)(2) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption. (g) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments. (h) (1) The principal of and interest on any bonds issued by the agency shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the agency's interest in and rights under the leases, sales contracts or loan agreements relating to such projects, or any thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors deems advisable and not in conflict with this subdivision (h)(1). (2) Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. (3) In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the remedies. Acts 1982, ch. 679, § 5.
(a) (1) Except as otherwise expressly provided in this section, all bonds issued by the agency are payable solely out of the revenues and receipts derived from the agency's projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. (2) Such bonds may be executed and delivered by the agency at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without this state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the agency and may contain such provisions not inconsistent herewith, all as are provided in the proceedings of the board of directors whereunder the bonds are authorized to be issued. (3) If deemed advisable by the board of directors, there may be retained in the proceedings under which any bonds of the agency are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of the bonds, but nothing contained in this subdivision (a)(3) shall be construed to confer on the agency any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued. (4) Any bonds of the agency may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board of directors of the agency to be most advantageous, and the agency may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance thereof. (5) Issuance by the agency of one (1) or more series of bonds for one (1) or more purposes does not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds. (6) Proceeds of bonds issued by the agency may be used for the purposes of: (A) Constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion; (B) Payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds; and (C) The establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(1) Except as otherwise expressly provided in this section, all bonds issued by the agency are payable solely out of the revenues and receipts derived from the agency's projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds.
(2) Such bonds may be executed and delivered by the agency at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without this state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the agency and may contain such provisions not inconsistent herewith, all as are provided in the proceedings of the board of directors whereunder the bonds are authorized to be issued.
(3) If deemed advisable by the board of directors, there may be retained in the proceedings under which any bonds of the agency are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of the bonds, but nothing contained in this subdivision (a)(3) shall be construed to confer on the agency any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued.
(4) Any bonds of the agency may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board of directors of the agency to be most advantageous, and the agency may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance thereof.
(5) Issuance by the agency of one (1) or more series of bonds for one (1) or more purposes does not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
(6) Proceeds of bonds issued by the agency may be used for the purposes of: (A) Constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion; (B) Payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds; and (C) The establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(A) Constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion;
(B) Payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds; and
(C) The establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
(b) Any bonds or notes of the agency at any time outstanding may at any time and from time to time be refunded by the agency by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following: (1) The principal amount of the obligations being refinanced; (2) Applicable redemption premiums thereon; (3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds; (4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the agency; (5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve; (6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and (7) Expenses, premiums and commissions of the agency, including bond discounts, deemed by the board of directors to be necessary for the issuance of the refunding bonds. A determination by the board of directors that any refinancing is advantageous or necessary to the agency, that any of the amounts provided in this subdivision (b)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity shall be conclusive.
(1) The principal amount of the obligations being refinanced;
(2) Applicable redemption premiums thereon;
(3) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
(4) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the agency;
(5) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
(6) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
(7) Expenses, premiums and commissions of the agency, including bond discounts, deemed by the board of directors to be necessary for the issuance of the refunding bonds. A determination by the board of directors that any refinancing is advantageous or necessary to the agency, that any of the amounts provided in this subdivision (b)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity shall be conclusive.
(c) Any such refunding may be effected whether the obligations to be refunded have then matured or thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
(d) Prior to the issuance of the refunding bonds, the board of directors shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (d).
(e) If any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
(f) The principal proceeds from the sale of any refunding bonds shall be applied only to: (1) The immediate payment and retirement of the obligations being refunded; or (2) The extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded and to pay any expenses incurred in connection with such refunding; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subdivision (f)(2) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
(1) The immediate payment and retirement of the obligations being refunded; or
(2) The extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded and to pay any expenses incurred in connection with such refunding; but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States government, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of such obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subdivision (f)(2) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
(g) All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(h) (1) The principal of and interest on any bonds issued by the agency shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the agency's interest in and rights under the leases, sales contracts or loan agreements relating to such projects, or any thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors deems advisable and not in conflict with this subdivision (h)(1). (2) Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. (3) In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the remedies.
(1) The principal of and interest on any bonds issued by the agency shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the agency's interest in and rights under the leases, sales contracts or loan agreements relating to such projects, or any thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors deems advisable and not in conflict with this subdivision (h)(1).
(2) Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid.
(3) In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of the remedies.
Acts 1982, ch. 679, § 5.
Tenn. Code Ann. § 64-2-404 — TN Code / Title 64 / Chapter 2 / Section 64-2-404
Organization and operation - Board of directors - Officers and employees
Status: in_force

The organization of the authority shall be as follows: (1) The authority shall be governed by a board of directors; (A) Membership of the board shall consist of: (i) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-402 ; (ii) The mayor of each city becoming a member of the authority, in accordance with § 64-2-402 ; and (iii) One (1) member to be selected by the governing body of each county and city becoming members of the authority; (B) The term of each selected member shall be prescribed by the governing body making the selection; (C) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until that member's successor has been duly elected as provided in this section; (D) In the event of the death or resignation of a member of the board or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event; (E) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding that person's election is eligible to serve as a member of the board of the authority. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in the office; and (F) Before entering upon their duties, all directors shall take and subscribe to an oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county; (2) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains; (3) Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair; (4) The directors shall hold meetings at such times and places as the directors may determine; (5) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure; (6) The directors shall designate a secretary and a treasurer or one (1) person as secretary-treasurer, and such person need not be a director. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of meetings shall be available for inspection by the public at the office of the authority at all reasonable times; (7) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state; (8) The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board of directors may determine; (9) All members of the board shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority; (10) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and (11) Except as otherwise provided in this section, the directors shall be removable only for good cause and after preferment of charges, as provided by law for county officers. Acts 1983, ch. 302, § 3; 2003 , ch. 90, § 2.
The organization of the authority shall be as follows:
(1) The authority shall be governed by a board of directors; (A) Membership of the board shall consist of: (i) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-402 ; (ii) The mayor of each city becoming a member of the authority, in accordance with § 64-2-402 ; and (iii) One (1) member to be selected by the governing body of each county and city becoming members of the authority; (B) The term of each selected member shall be prescribed by the governing body making the selection; (C) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until that member's successor has been duly elected as provided in this section; (D) In the event of the death or resignation of a member of the board or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event; (E) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding that person's election is eligible to serve as a member of the board of the authority. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in the office; and (F) Before entering upon their duties, all directors shall take and subscribe to an oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
(A) Membership of the board shall consist of: (i) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-402 ; (ii) The mayor of each city becoming a member of the authority, in accordance with § 64-2-402 ; and (iii) One (1) member to be selected by the governing body of each county and city becoming members of the authority;
(i) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-402 ;
(ii) The mayor of each city becoming a member of the authority, in accordance with § 64-2-402 ; and
(iii) One (1) member to be selected by the governing body of each county and city becoming members of the authority;
(B) The term of each selected member shall be prescribed by the governing body making the selection;
(C) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until that member's successor has been duly elected as provided in this section;
(D) In the event of the death or resignation of a member of the board or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event;
(E) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding that person's election is eligible to serve as a member of the board of the authority. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in the office; and
(F) Before entering upon their duties, all directors shall take and subscribe to an oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
(2) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains;
(3) Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair;
(4) The directors shall hold meetings at such times and places as the directors may determine;
(5) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure;
(6) The directors shall designate a secretary and a treasurer or one (1) person as secretary-treasurer, and such person need not be a director. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of meetings shall be available for inspection by the public at the office of the authority at all reasonable times;
(7) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state;
(8) The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board of directors may determine;
(9) All members of the board shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority;
(10) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and
(11) Except as otherwise provided in this section, the directors shall be removable only for good cause and after preferment of charges, as provided by law for county officers.
Acts 1983, ch. 302, § 3; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 64-3-107 — TN Code / Title 64 / Chapter 3 / Section 64-3-107
Public hearings - Notice - Procedure
Status: in_force

(a) At least sixty (60) days before any contract is let or work begun upon any plan, improvement or project within the watershed of Mill Creek, which would result in the condemnation of any land, as provided in this chapter, a public hearing shall be held. Notice of the public hearing shall be by publication in a newspaper of general circulation in each of Davidson, Williamson and Rutherford counties. The publication shall be run once a week for three (3) consecutive weeks, the last of which shall be at least ten (10) days before the date set for the hearing. The notice shall generally contain the nature and scope of the proposed project, the estimated cost, the proposed method for the payment of the cost and the time and place of the hearing and shall notify the interested persons and landowners to appear and show cause why such project should not be approved and performed and of their right to be represented by counsel. (b) The hearing required by this chapter may be conducted by the chair of the authority or by hearing examiners designated by such chair who shall conduct such hearings in the name of such authority. (c) Opportunity shall be afforded all parties to respond in person or by attorney and present evidence and argument on all issues involved. (d) A record of the proceedings and of those who testify shall be taken and preserved. The record shall be made available on request to any person upon payment of a reasonable charge to cover the costs of preparation. (e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Acts 1980, ch. 897, § 8; T.C.A., § 66-3-108.
(a) At least sixty (60) days before any contract is let or work begun upon any plan, improvement or project within the watershed of Mill Creek, which would result in the condemnation of any land, as provided in this chapter, a public hearing shall be held. Notice of the public hearing shall be by publication in a newspaper of general circulation in each of Davidson, Williamson and Rutherford counties. The publication shall be run once a week for three (3) consecutive weeks, the last of which shall be at least ten (10) days before the date set for the hearing. The notice shall generally contain the nature and scope of the proposed project, the estimated cost, the proposed method for the payment of the cost and the time and place of the hearing and shall notify the interested persons and landowners to appear and show cause why such project should not be approved and performed and of their right to be represented by counsel.
(b) The hearing required by this chapter may be conducted by the chair of the authority or by hearing examiners designated by such chair who shall conduct such hearings in the name of such authority.
(c) Opportunity shall be afforded all parties to respond in person or by attorney and present evidence and argument on all issues involved.
(d) A record of the proceedings and of those who testify shall be taken and preserved. The record shall be made available on request to any person upon payment of a reasonable charge to cover the costs of preparation.
(e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
Acts 1980, ch. 897, § 8; T.C.A., § 66-3-108.
Tenn. Code Ann. § 64-7-110 — TN Code / Title 64 / Chapter 7 / Section 64-7-110
Powers and duties
Status: in_force

(a) The regional council has the following powers and duties: (1) To organize itself into a public body, elect its officers and adopt bylaws for purposes of carrying out functions authorized under this chapter; (2) To receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficient, harmonious and economic development of the region, to receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization; (3) To contract with local, state and federal agencies and with consultants for services to be provided; (4) To prepare broad plans for the economic development of the region including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region that will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development and may include distribution of population, urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, that will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens, including the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development; (5) To cooperate and coordinate its activities with the local and state planning agencies and with development districts in developing and implementing plans for development; (6) To cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the region and recommend projects that will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the [former] Area Redevelopment Program [repealed] and the [former] Economic Opportunity Act [repealed]; (7) To cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development; (8) To compile, prepare, publish and disseminate information about the economic resources of the region and about subareas; (9) To encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws; (10) To enter into compacts and contractual arrangements with planning agencies of other adjoining or neighboring states for the purpose of preparing joint, comprehensive plans for development of a broader area or region. The regional council is hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary; (11) To assume and perform all duties, powers, functions and obligations and is entitled to all rights under all contracts and agreements to which the Mid-Cumberland development district and the Mid-Cumberland council of governments is a party, including all funding and compensation due under the contracts and agreements, including, but not limited to, all state and federal grants and programs; (12) To contract with any other public agency singly or jointly to implement and administer public agency plans and to operate public agency programs and projects. Any other public agency has the power to contract with the regional council to implement and administer its plans and to operate its projects; (13) To discuss and make recommendations on matters involving intergovernmental cooperation brought to the attention of the regional council by the regional council members, nonmembers, local governments, units of the state and federal governments, quasi-governmental agencies or citizens of the region; (14) To initiate and/or request studies deemed necessary by the board of directors or the full regional council to further understanding of any matters or problems under consideration by the regional council; (15) To establish or designate any such committees, technical committees or advisory groups it deems necessary to assist the carrying out of its purposes and functions; (16) To accept contributions of funding and other assistance from: (A) Other public agencies; and (B) Private individuals, agencies, foundations, institutions, organizations, companies and/or corporations to further the planning or implementation functions described in this section and directed by the board of directors. The regional council shall not accept such private contributions when and if the contribution may be determined by the board of directors to be an effort to influence the regional council's actions, recommendations or plans; (17) To own or lease real and personal property that is necessary in order to fulfill the duties and responsibilities of the regional council as set forth in this chapter; and (18) To have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state. (b) The regional council has powers and duties that enable it to function as a catalyst in the implementation of projects that are planned by or for the regional council or are for the benefit of a portion of the member local governmental units of the regional council. The regional council as a public agency and any one (1) or more local governments within the region as public agencies may join together to exercise their powers in the following manner: (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise or enjoy all the powers, privileges and authority conferred by this chapter upon a public agency. The authority for joint or cooperative action of political subdivisions applies only to such powers, privileges or authority vested in their governing bodies, and no joint or cooperative agreement shall be entered into affecting or relating to the constitutional or statutory powers, privileges or authority of officers of political subdivisions or of agencies of political subdivisions having powers granted by statute independent of the governing body; (2) Any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law is necessary before any such agreement may enter into force; (3) Any such agreement shall specify the following: (A) Its duration; (B) The precise organization, composition and nature of any separate legal or administrative entity or entities created thereby, which may include, but not be limited to, a nonprofit corporation, together with the powers delegated thereto; (C) Its purpose or purposes; (D) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking; (E) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (F) Any other necessary and proper matters; (4) In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (b)(3)(A)-(F), contain the following: (A) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and, in the case of a joint board, public agencies party to the agreement shall be represented; and (B) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking; (5) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance of the agreement by a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility; (6) Financing of joint projects by agreement shall be as provided by law; (7) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state; (8) In the event that an agreement made pursuant to this chapter deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or agency's jurisdiction; (9) Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services for the undertaking as may be within its legal power to furnish; (10) Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. Contracts entered into pursuant to this section need to conform to the requirements set forth in this chapter for contracts for joint undertakings; and (11) Nothing in this chapter prohibits any public agency from contracting with other public agencies under existing statutory or charter authority. (c) The regional planning function of the regional council shall be broadly interpreted from the functions in subsections (a) and (b) and shall also include specifically the following functions: (1) Developing, amending and redrafting regional goals, strategies, policies, standards and plans for the region, which goals, strategies, standards and plans may consist of, but are not limited to, a combination of the following elements: land use, transportation, water, sewer, solid waste, recreation and open space, housing and environmental concerns; (2) Reviewing and making recommendations on all comprehensive or general plans or major elements thereof developed by the local governments after the enactment of these provisions to ensure compatibility and consistency with regional goals, strategies, policies, standards and plans adopted by the regional council, which plans by the local governments include, but are not limited to, existing and future land use, functional transportation plan, public facilities plan to include water and sewer plans, capital improvements programs and budgets; (3) Reviewing all grant and loan requests from local governments or other organizations or agencies within the jurisdiction of the local governments to the state and federal governments and submitting recommendations and comments on these requests where appropriate as authorized previously by executive order of the governor; (4) Reviewing all regional impact projects; (5) Planning for any regional cooperative infrastructure projects and acting as a catalyst in the implementation of these projects by planning for these projects, assisting in the structuring of financing and financial arrangements and assisting in the formation of institutional arrangements for the construction and operation of these facilities; and (6) Calling for public hearings for the purpose of citizen participation on any of the above within the discretion of the board of directors, to resolve conflict between and among entities of local governments on any of the above, or to resolve conflicts between the regional council and any local government affected by a regional goal, policy, standard and plan. (d) The review processes as outlined in subdivisions (c)(2) and (3) are mandatory reviews, and the board of directors shall issue comments and/or recommendations to the local, state or federal governments as to the findings of these reviews. The comments and/or recommendations of the board of directors shall not be binding on these governmental units, but shall be viewed as advisory as are those of other reviewing bodies, such as local planning commissions. Review by the board of directors of items in subdivisions (c)(2) and (3) shall be based on the regional council's adopted regional goals, strategies, policies, standards and plans. (e) The review process as outlined in subdivision (c)(4) may be initiated by any of the following means: (1) A mayor or county mayor and/or legislative body whose city or county will be impacted by the project can request the review in accordance with procedures established by the board of directors; (2) The planning staff of any jurisdiction in which the project is proposed to be located and/or the planning commission that has jurisdiction over the review, recommendation or approval of the project; (3) The board of directors may request review of the proposed project; or (4) Any agency, commission or department of the state of Tennessee, adjoining state or federal government may request the regional council to review the project. (f) The board of directors' review, comments and/or recommendations regarding a regional impact project will be based on compatibility and consistency with regional goals, strategies, policies and plans, and it will also be based on an analysis of the probable impacts of the regional impact project. The impact analysis is designed to be an aid and an information source for mayors, county mayors, planning staffs, local planning commissions, city councils, and boards of county commissioners, state and federal agencies, commissions and departments in their evaluations of a project and an aid for adjacent jurisdictions to coordinate and plan for impacts that are created by these projects. (g) The review and recommendations process as outlined in subdivisions (c)(3) and (4) shall be completed by the board of directors within a maximum of thirty (30) days after its submission to the board of directors. Projects, grants and loan applications will be placed on the board of directors' next available agenda when received by the board of directors if the project, grant or loan application is received within fifteen (15) days of the meeting. If the project, grant or loan application is received by the board of directors less than fifteen (15) days prior to its next meeting, it will be placed on the agenda of the next subsequent meeting. If the board of directors fails to respond to a project, grant or loan application by failing to make a review and recommendation or fails to call for a public hearing within the thirty (30) days after its submittal, it is deemed acceptable or of no regional impact. The thirty-day review period may be extended, if the board of directors finds it is appropriate to do so in the public interest in order to conduct a public hearing. The review and recommendation of the board of directors on regional impact projects is an advisory function only. The ability to approve, modify or disapprove a regional impact project is wholly and completely within the jurisdiction of the local government in which the project is proposed to be located. Amended by 2022 Tenn. Acts, ch. 837, Secs.s 7, s 8 eff. 4/19/2022. Acts 1988, ch. 886, §1; 2003 , ch. 90, §2; 2009 , ch. 59, § 1.
(a) The regional council has the following powers and duties: (1) To organize itself into a public body, elect its officers and adopt bylaws for purposes of carrying out functions authorized under this chapter; (2) To receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficient, harmonious and economic development of the region, to receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization; (3) To contract with local, state and federal agencies and with consultants for services to be provided; (4) To prepare broad plans for the economic development of the region including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region that will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development and may include distribution of population, urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, that will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens, including the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development; (5) To cooperate and coordinate its activities with the local and state planning agencies and with development districts in developing and implementing plans for development; (6) To cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the region and recommend projects that will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the [former] Area Redevelopment Program [repealed] and the [former] Economic Opportunity Act [repealed]; (7) To cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development; (8) To compile, prepare, publish and disseminate information about the economic resources of the region and about subareas; (9) To encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws; (10) To enter into compacts and contractual arrangements with planning agencies of other adjoining or neighboring states for the purpose of preparing joint, comprehensive plans for development of a broader area or region. The regional council is hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary; (11) To assume and perform all duties, powers, functions and obligations and is entitled to all rights under all contracts and agreements to which the Mid-Cumberland development district and the Mid-Cumberland council of governments is a party, including all funding and compensation due under the contracts and agreements, including, but not limited to, all state and federal grants and programs; (12) To contract with any other public agency singly or jointly to implement and administer public agency plans and to operate public agency programs and projects. Any other public agency has the power to contract with the regional council to implement and administer its plans and to operate its projects; (13) To discuss and make recommendations on matters involving intergovernmental cooperation brought to the attention of the regional council by the regional council members, nonmembers, local governments, units of the state and federal governments, quasi-governmental agencies or citizens of the region; (14) To initiate and/or request studies deemed necessary by the board of directors or the full regional council to further understanding of any matters or problems under consideration by the regional council; (15) To establish or designate any such committees, technical committees or advisory groups it deems necessary to assist the carrying out of its purposes and functions; (16) To accept contributions of funding and other assistance from: (A) Other public agencies; and (B) Private individuals, agencies, foundations, institutions, organizations, companies and/or corporations to further the planning or implementation functions described in this section and directed by the board of directors. The regional council shall not accept such private contributions when and if the contribution may be determined by the board of directors to be an effort to influence the regional council's actions, recommendations or plans; (17) To own or lease real and personal property that is necessary in order to fulfill the duties and responsibilities of the regional council as set forth in this chapter; and (18) To have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state.
(1) To organize itself into a public body, elect its officers and adopt bylaws for purposes of carrying out functions authorized under this chapter;
(2) To receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficient, harmonious and economic development of the region, to receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
(3) To contract with local, state and federal agencies and with consultants for services to be provided;
(4) To prepare broad plans for the economic development of the region including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region that will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development and may include distribution of population, urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, that will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens, including the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development;
(5) To cooperate and coordinate its activities with the local and state planning agencies and with development districts in developing and implementing plans for development;
(6) To cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the region and recommend projects that will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the [former] Area Redevelopment Program [repealed] and the [former] Economic Opportunity Act [repealed];
(7) To cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development;
(8) To compile, prepare, publish and disseminate information about the economic resources of the region and about subareas;
(9) To encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws;
(10) To enter into compacts and contractual arrangements with planning agencies of other adjoining or neighboring states for the purpose of preparing joint, comprehensive plans for development of a broader area or region. The regional council is hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary;
(11) To assume and perform all duties, powers, functions and obligations and is entitled to all rights under all contracts and agreements to which the Mid-Cumberland development district and the Mid-Cumberland council of governments is a party, including all funding and compensation due under the contracts and agreements, including, but not limited to, all state and federal grants and programs;
(12) To contract with any other public agency singly or jointly to implement and administer public agency plans and to operate public agency programs and projects. Any other public agency has the power to contract with the regional council to implement and administer its plans and to operate its projects;
(13) To discuss and make recommendations on matters involving intergovernmental cooperation brought to the attention of the regional council by the regional council members, nonmembers, local governments, units of the state and federal governments, quasi-governmental agencies or citizens of the region;
(14) To initiate and/or request studies deemed necessary by the board of directors or the full regional council to further understanding of any matters or problems under consideration by the regional council;
(15) To establish or designate any such committees, technical committees or advisory groups it deems necessary to assist the carrying out of its purposes and functions;
(16) To accept contributions of funding and other assistance from: (A) Other public agencies; and (B) Private individuals, agencies, foundations, institutions, organizations, companies and/or corporations to further the planning or implementation functions described in this section and directed by the board of directors. The regional council shall not accept such private contributions when and if the contribution may be determined by the board of directors to be an effort to influence the regional council's actions, recommendations or plans;
(A) Other public agencies; and
(B) Private individuals, agencies, foundations, institutions, organizations, companies and/or corporations to further the planning or implementation functions described in this section and directed by the board of directors. The regional council shall not accept such private contributions when and if the contribution may be determined by the board of directors to be an effort to influence the regional council's actions, recommendations or plans;
(17) To own or lease real and personal property that is necessary in order to fulfill the duties and responsibilities of the regional council as set forth in this chapter; and
(18) To have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state.
(b) The regional council has powers and duties that enable it to function as a catalyst in the implementation of projects that are planned by or for the regional council or are for the benefit of a portion of the member local governmental units of the regional council. The regional council as a public agency and any one (1) or more local governments within the region as public agencies may join together to exercise their powers in the following manner: (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise or enjoy all the powers, privileges and authority conferred by this chapter upon a public agency. The authority for joint or cooperative action of political subdivisions applies only to such powers, privileges or authority vested in their governing bodies, and no joint or cooperative agreement shall be entered into affecting or relating to the constitutional or statutory powers, privileges or authority of officers of political subdivisions or of agencies of political subdivisions having powers granted by statute independent of the governing body; (2) Any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law is necessary before any such agreement may enter into force; (3) Any such agreement shall specify the following: (A) Its duration; (B) The precise organization, composition and nature of any separate legal or administrative entity or entities created thereby, which may include, but not be limited to, a nonprofit corporation, together with the powers delegated thereto; (C) Its purpose or purposes; (D) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking; (E) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (F) Any other necessary and proper matters; (4) In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (b)(3)(A)-(F), contain the following: (A) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and, in the case of a joint board, public agencies party to the agreement shall be represented; and (B) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking; (5) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance of the agreement by a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility; (6) Financing of joint projects by agreement shall be as provided by law; (7) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state; (8) In the event that an agreement made pursuant to this chapter deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or agency's jurisdiction; (9) Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services for the undertaking as may be within its legal power to furnish; (10) Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. Contracts entered into pursuant to this section need to conform to the requirements set forth in this chapter for contracts for joint undertakings; and (11) Nothing in this chapter prohibits any public agency from contracting with other public agencies under existing statutory or charter authority.
(1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise or enjoy all the powers, privileges and authority conferred by this chapter upon a public agency. The authority for joint or cooperative action of political subdivisions applies only to such powers, privileges or authority vested in their governing bodies, and no joint or cooperative agreement shall be entered into affecting or relating to the constitutional or statutory powers, privileges or authority of officers of political subdivisions or of agencies of political subdivisions having powers granted by statute independent of the governing body;
(2) Any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law is necessary before any such agreement may enter into force;
(3) Any such agreement shall specify the following: (A) Its duration; (B) The precise organization, composition and nature of any separate legal or administrative entity or entities created thereby, which may include, but not be limited to, a nonprofit corporation, together with the powers delegated thereto; (C) Its purpose or purposes; (D) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking; (E) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (F) Any other necessary and proper matters;
(A) Its duration;
(B) The precise organization, composition and nature of any separate legal or administrative entity or entities created thereby, which may include, but not be limited to, a nonprofit corporation, together with the powers delegated thereto;
(C) Its purpose or purposes;
(D) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking;
(E) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
(F) Any other necessary and proper matters;
(4) In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (b)(3)(A)-(F), contain the following: (A) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and, in the case of a joint board, public agencies party to the agreement shall be represented; and (B) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking;
(A) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and, in the case of a joint board, public agencies party to the agreement shall be represented; and
(B) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking;
(5) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance of the agreement by a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility;
(6) Financing of joint projects by agreement shall be as provided by law;
(7) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state;
(8) In the event that an agreement made pursuant to this chapter deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or agency's jurisdiction;
(9) Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services for the undertaking as may be within its legal power to furnish;
(10) Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. Contracts entered into pursuant to this section need to conform to the requirements set forth in this chapter for contracts for joint undertakings; and
(11) Nothing in this chapter prohibits any public agency from contracting with other public agencies under existing statutory or charter authority.
(c) The regional planning function of the regional council shall be broadly interpreted from the functions in subsections (a) and (b) and shall also include specifically the following functions: (1) Developing, amending and redrafting regional goals, strategies, policies, standards and plans for the region, which goals, strategies, standards and plans may consist of, but are not limited to, a combination of the following elements: land use, transportation, water, sewer, solid waste, recreation and open space, housing and environmental concerns; (2) Reviewing and making recommendations on all comprehensive or general plans or major elements thereof developed by the local governments after the enactment of these provisions to ensure compatibility and consistency with regional goals, strategies, policies, standards and plans adopted by the regional council, which plans by the local governments include, but are not limited to, existing and future land use, functional transportation plan, public facilities plan to include water and sewer plans, capital improvements programs and budgets; (3) Reviewing all grant and loan requests from local governments or other organizations or agencies within the jurisdiction of the local governments to the state and federal governments and submitting recommendations and comments on these requests where appropriate as authorized previously by executive order of the governor; (4) Reviewing all regional impact projects; (5) Planning for any regional cooperative infrastructure projects and acting as a catalyst in the implementation of these projects by planning for these projects, assisting in the structuring of financing and financial arrangements and assisting in the formation of institutional arrangements for the construction and operation of these facilities; and (6) Calling for public hearings for the purpose of citizen participation on any of the above within the discretion of the board of directors, to resolve conflict between and among entities of local governments on any of the above, or to resolve conflicts between the regional council and any local government affected by a regional goal, policy, standard and plan.
(1) Developing, amending and redrafting regional goals, strategies, policies, standards and plans for the region, which goals, strategies, standards and plans may consist of, but are not limited to, a combination of the following elements: land use, transportation, water, sewer, solid waste, recreation and open space, housing and environmental concerns;
(2) Reviewing and making recommendations on all comprehensive or general plans or major elements thereof developed by the local governments after the enactment of these provisions to ensure compatibility and consistency with regional goals, strategies, policies, standards and plans adopted by the regional council, which plans by the local governments include, but are not limited to, existing and future land use, functional transportation plan, public facilities plan to include water and sewer plans, capital improvements programs and budgets;
(3) Reviewing all grant and loan requests from local governments or other organizations or agencies within the jurisdiction of the local governments to the state and federal governments and submitting recommendations and comments on these requests where appropriate as authorized previously by executive order of the governor;
(4) Reviewing all regional impact projects;
(5) Planning for any regional cooperative infrastructure projects and acting as a catalyst in the implementation of these projects by planning for these projects, assisting in the structuring of financing and financial arrangements and assisting in the formation of institutional arrangements for the construction and operation of these facilities; and
(6) Calling for public hearings for the purpose of citizen participation on any of the above within the discretion of the board of directors, to resolve conflict between and among entities of local governments on any of the above, or to resolve conflicts between the regional council and any local government affected by a regional goal, policy, standard and plan.
(d) The review processes as outlined in subdivisions (c)(2) and (3) are mandatory reviews, and the board of directors shall issue comments and/or recommendations to the local, state or federal governments as to the findings of these reviews. The comments and/or recommendations of the board of directors shall not be binding on these governmental units, but shall be viewed as advisory as are those of other reviewing bodies, such as local planning commissions. Review by the board of directors of items in subdivisions (c)(2) and (3) shall be based on the regional council's adopted regional goals, strategies, policies, standards and plans.
(e) The review process as outlined in subdivision (c)(4) may be initiated by any of the following means: (1) A mayor or county mayor and/or legislative body whose city or county will be impacted by the project can request the review in accordance with procedures established by the board of directors; (2) The planning staff of any jurisdiction in which the project is proposed to be located and/or the planning commission that has jurisdiction over the review, recommendation or approval of the project; (3) The board of directors may request review of the proposed project; or (4) Any agency, commission or department of the state of Tennessee, adjoining state or federal government may request the regional council to review the project.
(1) A mayor or county mayor and/or legislative body whose city or county will be impacted by the project can request the review in accordance with procedures established by the board of directors;
(2) The planning staff of any jurisdiction in which the project is proposed to be located and/or the planning commission that has jurisdiction over the review, recommendation or approval of the project;
(3) The board of directors may request review of the proposed project; or
(4) Any agency, commission or department of the state of Tennessee, adjoining state or federal government may request the regional council to review the project.
(f) The board of directors' review, comments and/or recommendations regarding a regional impact project will be based on compatibility and consistency with regional goals, strategies, policies and plans, and it will also be based on an analysis of the probable impacts of the regional impact project. The impact analysis is designed to be an aid and an information source for mayors, county mayors, planning staffs, local planning commissions, city councils, and boards of county commissioners, state and federal agencies, commissions and departments in their evaluations of a project and an aid for adjacent jurisdictions to coordinate and plan for impacts that are created by these projects.
(g) The review and recommendations process as outlined in subdivisions (c)(3) and (4) shall be completed by the board of directors within a maximum of thirty (30) days after its submission to the board of directors. Projects, grants and loan applications will be placed on the board of directors' next available agenda when received by the board of directors if the project, grant or loan application is received within fifteen (15) days of the meeting. If the project, grant or loan application is received by the board of directors less than fifteen (15) days prior to its next meeting, it will be placed on the agenda of the next subsequent meeting. If the board of directors fails to respond to a project, grant or loan application by failing to make a review and recommendation or fails to call for a public hearing within the thirty (30) days after its submittal, it is deemed acceptable or of no regional impact. The thirty-day review period may be extended, if the board of directors finds it is appropriate to do so in the public interest in order to conduct a public hearing. The review and recommendation of the board of directors on regional impact projects is an advisory function only. The ability to approve, modify or disapprove a regional impact project is wholly and completely within the jurisdiction of the local government in which the project is proposed to be located.
Amended by 2022 Tenn. Acts, ch. 837, Secs.s 7, s 8 eff. 4/19/2022.
Acts 1988, ch. 886, §1; 2003 , ch. 90, §2; 2009 , ch. 59, § 1.
Tenn. Code Ann. § 64-10-113 — TN Code / Title 64 / Chapter 10 / Section 64-10-113
Annual audit
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 board, and if the department of audit has not prepared the audit, with the comptroller of the treasury or comptroller's designee. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that audit standards prescribed by the comptroller of the treasury are met. (b) These audits shall be prepared by certified public accountants or by the department of audit. In the event the governing body of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority. (c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section when the activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Furthermore, the comptroller of the treasury is authorized to direct the department of audit to make an audit or financial review of the books and records of the authority. (d) The current operating financial statements of the authority, and any other pertinent information as required by the comptroller, or the comptroller's designee, shall be submitted annually with the copy of the annual audit, or upon request, to the comptroller, or the comptroller's designee. Amended by 2018 Tenn. Acts, ch. 495,s 9, eff. 2/22/2018. Amended by 2014 Tenn. Acts, ch. 619,s 1, eff. 4/4/2014. Acts 1998, ch. 998, § 14; 2011, ch. 419, §§ 7, 8.
(a) The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the board, and if the department of audit has not prepared the audit, with the comptroller of the treasury or comptroller's designee. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that audit standards prescribed by the comptroller of the treasury are met.
(b) These audits shall be prepared by certified public accountants or by the department of audit. In the event the governing body of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c) The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section when the activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit. Furthermore, the comptroller of the treasury is authorized to direct the department of audit to make an audit or financial review of the books and records of the authority.
(d) The current operating financial statements of the authority, and any other pertinent information as required by the comptroller, or the comptroller's designee, shall be submitted annually with the copy of the annual audit, or upon request, to the comptroller, or the comptroller's designee.
Amended by 2018 Tenn. Acts, ch. 495,s 9, eff. 2/22/2018.
Amended by 2014 Tenn. Acts, ch. 619,s 1, eff. 4/4/2014.
Acts 1998, ch. 998, § 14; 2011, ch. 419, §§ 7, 8.
Tenn. Code Ann. § 64-10-108 — TN Code / Title 64 / Chapter 10 / Section 64-10-108
Market manager and staff
Status: in_force

The board is authorized to appoint a market manager and staff whose salaries shall be paid out of the revenues generated by the market. Acts 1998, ch. 998, § 9.
The board is authorized to appoint a market manager and staff whose salaries shall be paid out of the revenues generated by the market.
Acts 1998, ch. 998, § 9.
Tenn. Code Ann. § 64-8-206 — TN Code / Title 64 / Chapter 8 / Section 64-8-206
Development of plan - Additional powers and duties
Status: in_force

(a) The board shall develop a plan for the operation and expansion of mass transit services in the authority's region. The plan shall be consistent with the multi-modal regional transportation plan adopted by the region's metropolitan planning organization or similar regional transportation planning body and be reflective of the transportation goals and objectives of the municipalities and counties located within the authority's area. An authority shall work cooperatively with any state or federally mandated metropolitan planning organization having planning and programming powers in the authority's area to produce a regional transit plan. It is not the intent of this section to establish or designate an authority as the metropolitan planning organization for any particular region. The plan shall include, but not be limited to, the following: (1) A map and description of existing and proposed transit corridors; (2) A map and description of areas to be served; (3) A description of the frequency and method of providing existing and proposed transit services in those areas; (4) A description of how regional services will be coordinated with local public and private transportation operators and agencies; (5) A description of how existing and proposed regional services will be funded, including a plan to coordinate contributions from public and private sources throughout the region; (6) A description of how the regional transportation authority plans to deliver service, either directly or through contract, agreement or some other method, with other public or private transportation agencies or other entities; (7) A provision for the conduct of special services for disabled persons or other persons unable to use regularly scheduled and equipped services sufficient to meet the requirements of the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); (8) A provision of services for special events or occasions; (9) A description for how the regional transportation authority intends to use its property around existing and proposed transit stations to encourage ridership and to support local community goals for quality growth. The description shall include an overview of any intent of the authority to pursue transit oriented development or transit adjacent development plans, or both, in cooperation with local governments and within local zoning regulations and land use policies. It is the legislative intent to allow the authority to negotiate with private developers or other public agencies for the best use of land owned or leased by the authority, including long-term land leases or subleases, or the development of office, retail, or residential establishments, or any of these, on transit district property to generate transit ridership and to support local and regional economic growth; and (10) Any other provisions necessary or desirable to establish a coordinated, reliable, scheduled regional service. (b) In addition to the powers to plan for mass transit services, the authority shall have the following additional powers and duties in order to implement its plans for mass transit and other transportation services and plans for transit adjacent and transit oriented development: (1) To organize itself into a public body, elect officers and adopt bylaws for the purpose of carrying out the functions authorized by this part; (2) To sue and be sued in its name with any causes of action against the authority or recovery against the authority governed by and subject to the limitations imposed by the Governmental Tort Liability Act, compiled in title 29, chapter 20. No claim may be brought or judgment entered against any metropolitan government, municipality or county that creates or joins an authority for the acts or omissions of the authority; (3) To enter into contracts and cooperative agreements with governmental, not-for-profit and for-profit entities; (4) To purchase, own, lease and dispose of real and personal property, and construct buildings and other structures, in furtherance of the purposes of and the implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development. The authority shall comply with all local land use and land development laws and regulations, including zoning ordinances and resolutions, subdivision regulations and building codes, in the implementation of the authority's plans. Local governments may waive all or part of applicable local laws and regulations to assist the authority in plan implementation; (5) To employ personnel or contract with public or private entities to construct or operate transportation and transit services and to participate in the development of transit adjacent and transit oriented developments. An authority shall not operate local transit services in an area already receiving those services without the consent of the local governing body of that area; (6) To employ or contract for professional services, such as, but not limited to, management, planning, support, engineering, legal, accounting and auditing services; (7) To utilize for transit or transportation services any property, right-of-way, easement or other similar property owned or held by the state or any municipality, county or metropolitan government or federal government department or agency within the transportation service area of the authority that may be necessary and convenient for the implementation of the authority's transit and transportation plans so long as the governmental entity owning or controlling such property shall consent to the authority's use; (8) To establish local assessments for the purposes of paying expenses related to the administration of the authority's activities, including, but not limited to, the costs associated with insurance policies and deductibles, to be paid by its city, town, metropolitan government and county government members. Local assessments shall not be used for the construction or operation of transportation facilities or services. The local assessment shall be based on a per capita and a flat rate. In establishing the per capita assessment, the authority shall use the population figures of the latest census as described for the use of development districts in § 13-14-111(d) . For any regional transportation authority created under this part, the per capita assessment shall be established by a majority vote of the governing board, but shall not be less than ten cents (10¢) per capita. For the purpose of calculating the assessment for any county or metropolitan government, the population of any town or city located wholly or partly within the county, or the towns or cities within the geographic boundary of the metropolitan government, but that are not a part of the metropolitan government, shall not be included in the population of the county or metropolitan government. The authority's local assessment shall be imposed on October 1 of each calendar year, and the member government shall pay either the per capita rate or the flat assessment, whichever is greater. Failure of a city, town, metropolitan or county government to pay the assessment shall result in the loss of that government's participation in the governance and benefits of the authority; (9) To impose fees for the services provided by the authority; (10) To accept grant funds from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor and to accept contributions or donations from other public or private entities. Metropolitan governments, counties, cities and towns may provide, and the authority may accept, funds from any source allowable by law and not prohibited by the Tennessee constitution. The authority shall not claim any federal or state grants used to provide local transit services awarded to a local transit operator or local government without the consent of the local government or governments. Such restriction shall not prohibit a metropolitan planning organization, the governor or other grantor from allocating or programming funds to transportation projects as required by federal law; and (11) To borrow money in order to proceed with or finish the construction of mass transit or other transportation services or to fund the operations and capital cost of such services and purchase of real property and the construction of infrastructure and improvements or contract for the construction of the infrastructure and improvements to implement the authority's plans. The authority may enter into a security agreement pledging, as appropriate, to secure the loan with: (A) Anticipated forthcoming grants from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if the funds are not received within one (1) year of the initial approval; (B) Anticipated assessments from local governments pursuant to subdivision (b)(8); (C) The authority's real or personal property; or (D) Other revenues. (c) The implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development will necessitate the acquisition, construction, operation and maintenance of properties, facilities and equipment and the employment of personnel or contracting for services, all of which the authority is authorized to undertake and accomplish and all of which are declared and deemed to be for public and governmental functions conducted by the authority. The authority is a public body corporate and politic and all powers and duties granted by this part are and shall be declared public and corporate purposes and matters of public necessity. Acts 2009 , ch. 362, § 1.
(a) The board shall develop a plan for the operation and expansion of mass transit services in the authority's region. The plan shall be consistent with the multi-modal regional transportation plan adopted by the region's metropolitan planning organization or similar regional transportation planning body and be reflective of the transportation goals and objectives of the municipalities and counties located within the authority's area. An authority shall work cooperatively with any state or federally mandated metropolitan planning organization having planning and programming powers in the authority's area to produce a regional transit plan. It is not the intent of this section to establish or designate an authority as the metropolitan planning organization for any particular region. The plan shall include, but not be limited to, the following: (1) A map and description of existing and proposed transit corridors; (2) A map and description of areas to be served; (3) A description of the frequency and method of providing existing and proposed transit services in those areas; (4) A description of how regional services will be coordinated with local public and private transportation operators and agencies; (5) A description of how existing and proposed regional services will be funded, including a plan to coordinate contributions from public and private sources throughout the region; (6) A description of how the regional transportation authority plans to deliver service, either directly or through contract, agreement or some other method, with other public or private transportation agencies or other entities; (7) A provision for the conduct of special services for disabled persons or other persons unable to use regularly scheduled and equipped services sufficient to meet the requirements of the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); (8) A provision of services for special events or occasions; (9) A description for how the regional transportation authority intends to use its property around existing and proposed transit stations to encourage ridership and to support local community goals for quality growth. The description shall include an overview of any intent of the authority to pursue transit oriented development or transit adjacent development plans, or both, in cooperation with local governments and within local zoning regulations and land use policies. It is the legislative intent to allow the authority to negotiate with private developers or other public agencies for the best use of land owned or leased by the authority, including long-term land leases or subleases, or the development of office, retail, or residential establishments, or any of these, on transit district property to generate transit ridership and to support local and regional economic growth; and (10) Any other provisions necessary or desirable to establish a coordinated, reliable, scheduled regional service.
(1) A map and description of existing and proposed transit corridors;
(2) A map and description of areas to be served;
(3) A description of the frequency and method of providing existing and proposed transit services in those areas;
(4) A description of how regional services will be coordinated with local public and private transportation operators and agencies;
(5) A description of how existing and proposed regional services will be funded, including a plan to coordinate contributions from public and private sources throughout the region;
(6) A description of how the regional transportation authority plans to deliver service, either directly or through contract, agreement or some other method, with other public or private transportation agencies or other entities;
(7) A provision for the conduct of special services for disabled persons or other persons unable to use regularly scheduled and equipped services sufficient to meet the requirements of the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.);
(8) A provision of services for special events or occasions;
(9) A description for how the regional transportation authority intends to use its property around existing and proposed transit stations to encourage ridership and to support local community goals for quality growth. The description shall include an overview of any intent of the authority to pursue transit oriented development or transit adjacent development plans, or both, in cooperation with local governments and within local zoning regulations and land use policies. It is the legislative intent to allow the authority to negotiate with private developers or other public agencies for the best use of land owned or leased by the authority, including long-term land leases or subleases, or the development of office, retail, or residential establishments, or any of these, on transit district property to generate transit ridership and to support local and regional economic growth; and
(10) Any other provisions necessary or desirable to establish a coordinated, reliable, scheduled regional service.
(b) In addition to the powers to plan for mass transit services, the authority shall have the following additional powers and duties in order to implement its plans for mass transit and other transportation services and plans for transit adjacent and transit oriented development: (1) To organize itself into a public body, elect officers and adopt bylaws for the purpose of carrying out the functions authorized by this part; (2) To sue and be sued in its name with any causes of action against the authority or recovery against the authority governed by and subject to the limitations imposed by the Governmental Tort Liability Act, compiled in title 29, chapter 20. No claim may be brought or judgment entered against any metropolitan government, municipality or county that creates or joins an authority for the acts or omissions of the authority; (3) To enter into contracts and cooperative agreements with governmental, not-for-profit and for-profit entities; (4) To purchase, own, lease and dispose of real and personal property, and construct buildings and other structures, in furtherance of the purposes of and the implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development. The authority shall comply with all local land use and land development laws and regulations, including zoning ordinances and resolutions, subdivision regulations and building codes, in the implementation of the authority's plans. Local governments may waive all or part of applicable local laws and regulations to assist the authority in plan implementation; (5) To employ personnel or contract with public or private entities to construct or operate transportation and transit services and to participate in the development of transit adjacent and transit oriented developments. An authority shall not operate local transit services in an area already receiving those services without the consent of the local governing body of that area; (6) To employ or contract for professional services, such as, but not limited to, management, planning, support, engineering, legal, accounting and auditing services; (7) To utilize for transit or transportation services any property, right-of-way, easement or other similar property owned or held by the state or any municipality, county or metropolitan government or federal government department or agency within the transportation service area of the authority that may be necessary and convenient for the implementation of the authority's transit and transportation plans so long as the governmental entity owning or controlling such property shall consent to the authority's use; (8) To establish local assessments for the purposes of paying expenses related to the administration of the authority's activities, including, but not limited to, the costs associated with insurance policies and deductibles, to be paid by its city, town, metropolitan government and county government members. Local assessments shall not be used for the construction or operation of transportation facilities or services. The local assessment shall be based on a per capita and a flat rate. In establishing the per capita assessment, the authority shall use the population figures of the latest census as described for the use of development districts in § 13-14-111(d) . For any regional transportation authority created under this part, the per capita assessment shall be established by a majority vote of the governing board, but shall not be less than ten cents (10¢) per capita. For the purpose of calculating the assessment for any county or metropolitan government, the population of any town or city located wholly or partly within the county, or the towns or cities within the geographic boundary of the metropolitan government, but that are not a part of the metropolitan government, shall not be included in the population of the county or metropolitan government. The authority's local assessment shall be imposed on October 1 of each calendar year, and the member government shall pay either the per capita rate or the flat assessment, whichever is greater. Failure of a city, town, metropolitan or county government to pay the assessment shall result in the loss of that government's participation in the governance and benefits of the authority; (9) To impose fees for the services provided by the authority; (10) To accept grant funds from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor and to accept contributions or donations from other public or private entities. Metropolitan governments, counties, cities and towns may provide, and the authority may accept, funds from any source allowable by law and not prohibited by the Tennessee constitution. The authority shall not claim any federal or state grants used to provide local transit services awarded to a local transit operator or local government without the consent of the local government or governments. Such restriction shall not prohibit a metropolitan planning organization, the governor or other grantor from allocating or programming funds to transportation projects as required by federal law; and (11) To borrow money in order to proceed with or finish the construction of mass transit or other transportation services or to fund the operations and capital cost of such services and purchase of real property and the construction of infrastructure and improvements or contract for the construction of the infrastructure and improvements to implement the authority's plans. The authority may enter into a security agreement pledging, as appropriate, to secure the loan with: (A) Anticipated forthcoming grants from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if the funds are not received within one (1) year of the initial approval; (B) Anticipated assessments from local governments pursuant to subdivision (b)(8); (C) The authority's real or personal property; or (D) Other revenues.
(1) To organize itself into a public body, elect officers and adopt bylaws for the purpose of carrying out the functions authorized by this part;
(2) To sue and be sued in its name with any causes of action against the authority or recovery against the authority governed by and subject to the limitations imposed by the Governmental Tort Liability Act, compiled in title 29, chapter 20. No claim may be brought or judgment entered against any metropolitan government, municipality or county that creates or joins an authority for the acts or omissions of the authority;
(3) To enter into contracts and cooperative agreements with governmental, not-for-profit and for-profit entities;
(4) To purchase, own, lease and dispose of real and personal property, and construct buildings and other structures, in furtherance of the purposes of and the implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development. The authority shall comply with all local land use and land development laws and regulations, including zoning ordinances and resolutions, subdivision regulations and building codes, in the implementation of the authority's plans. Local governments may waive all or part of applicable local laws and regulations to assist the authority in plan implementation;
(5) To employ personnel or contract with public or private entities to construct or operate transportation and transit services and to participate in the development of transit adjacent and transit oriented developments. An authority shall not operate local transit services in an area already receiving those services without the consent of the local governing body of that area;
(6) To employ or contract for professional services, such as, but not limited to, management, planning, support, engineering, legal, accounting and auditing services;
(7) To utilize for transit or transportation services any property, right-of-way, easement or other similar property owned or held by the state or any municipality, county or metropolitan government or federal government department or agency within the transportation service area of the authority that may be necessary and convenient for the implementation of the authority's transit and transportation plans so long as the governmental entity owning or controlling such property shall consent to the authority's use;
(8) To establish local assessments for the purposes of paying expenses related to the administration of the authority's activities, including, but not limited to, the costs associated with insurance policies and deductibles, to be paid by its city, town, metropolitan government and county government members. Local assessments shall not be used for the construction or operation of transportation facilities or services. The local assessment shall be based on a per capita and a flat rate. In establishing the per capita assessment, the authority shall use the population figures of the latest census as described for the use of development districts in § 13-14-111(d) . For any regional transportation authority created under this part, the per capita assessment shall be established by a majority vote of the governing board, but shall not be less than ten cents (10¢) per capita. For the purpose of calculating the assessment for any county or metropolitan government, the population of any town or city located wholly or partly within the county, or the towns or cities within the geographic boundary of the metropolitan government, but that are not a part of the metropolitan government, shall not be included in the population of the county or metropolitan government. The authority's local assessment shall be imposed on October 1 of each calendar year, and the member government shall pay either the per capita rate or the flat assessment, whichever is greater. Failure of a city, town, metropolitan or county government to pay the assessment shall result in the loss of that government's participation in the governance and benefits of the authority;
(9) To impose fees for the services provided by the authority;
(10) To accept grant funds from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor and to accept contributions or donations from other public or private entities. Metropolitan governments, counties, cities and towns may provide, and the authority may accept, funds from any source allowable by law and not prohibited by the Tennessee constitution. The authority shall not claim any federal or state grants used to provide local transit services awarded to a local transit operator or local government without the consent of the local government or governments. Such restriction shall not prohibit a metropolitan planning organization, the governor or other grantor from allocating or programming funds to transportation projects as required by federal law; and
(11) To borrow money in order to proceed with or finish the construction of mass transit or other transportation services or to fund the operations and capital cost of such services and purchase of real property and the construction of infrastructure and improvements or contract for the construction of the infrastructure and improvements to implement the authority's plans. The authority may enter into a security agreement pledging, as appropriate, to secure the loan with: (A) Anticipated forthcoming grants from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if the funds are not received within one (1) year of the initial approval; (B) Anticipated assessments from local governments pursuant to subdivision (b)(8); (C) The authority's real or personal property; or (D) Other revenues.
(A) Anticipated forthcoming grants from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if the funds are not received within one (1) year of the initial approval;
(B) Anticipated assessments from local governments pursuant to subdivision (b)(8);
(C) The authority's real or personal property; or
(D) Other revenues.
(c) The implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development will necessitate the acquisition, construction, operation and maintenance of properties, facilities and equipment and the employment of personnel or contracting for services, all of which the authority is authorized to undertake and accomplish and all of which are declared and deemed to be for public and governmental functions conducted by the authority. The authority is a public body corporate and politic and all powers and duties granted by this part are and shall be declared public and corporate purposes and matters of public necessity.
Acts 2009 , ch. 362, § 1.
Tenn. Code Ann. § 64-10-104 — TN Code / Title 64 / Chapter 10 / Section 64-10-104
Executive committee
Status: in_force

(a) The board shall establish an executive committee consisting of the chair, vice chair, secretary, treasurer and the center manager as an ex officio member. The executive committee is authorized to act on behalf of the board in the day to day operations of the authority. The executive committee shall meet at least monthly, either in person or by telephone conference, and make a full report to the board at its regular meetings. (b) (1) The board is authorized to establish a wastewater board composed of members of the board of the authority and other commissioners appointed by the board. The appointed commissioners shall be representatives of any city or utility district that: (A) Has entered into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district; or (B) Certifies to the authority that it intends to enter into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district. (2) The authority is authorized to adopt policies and procedures, including bylaws, for the conduct of business of the wastewater board and is authorized to establish the terms of office of the commissioners of the wastewater board. Except as is expressly reserved by the authority, the wastewater board shall have the full authority and right to undertake all powers of the authority relating to a system, except that the wastewater board is not authorized to commit the authority to borrow money or undertake any condemnation without the approval of the board. Acts 1998, ch. 998, § 5; 2011, ch. 419, § 3.
(a) The board shall establish an executive committee consisting of the chair, vice chair, secretary, treasurer and the center manager as an ex officio member. The executive committee is authorized to act on behalf of the board in the day to day operations of the authority. The executive committee shall meet at least monthly, either in person or by telephone conference, and make a full report to the board at its regular meetings.
(b) (1) The board is authorized to establish a wastewater board composed of members of the board of the authority and other commissioners appointed by the board. The appointed commissioners shall be representatives of any city or utility district that: (A) Has entered into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district; or (B) Certifies to the authority that it intends to enter into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district. (2) The authority is authorized to adopt policies and procedures, including bylaws, for the conduct of business of the wastewater board and is authorized to establish the terms of office of the commissioners of the wastewater board. Except as is expressly reserved by the authority, the wastewater board shall have the full authority and right to undertake all powers of the authority relating to a system, except that the wastewater board is not authorized to commit the authority to borrow money or undertake any condemnation without the approval of the board.
(1) The board is authorized to establish a wastewater board composed of members of the board of the authority and other commissioners appointed by the board. The appointed commissioners shall be representatives of any city or utility district that: (A) Has entered into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district; or (B) Certifies to the authority that it intends to enter into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district.
(A) Has entered into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district; or
(B) Certifies to the authority that it intends to enter into an agreement with the authority pursuant to which the authority agrees to collect or treat wastewater generated within such city or utility district.
(2) The authority is authorized to adopt policies and procedures, including bylaws, for the conduct of business of the wastewater board and is authorized to establish the terms of office of the commissioners of the wastewater board. Except as is expressly reserved by the authority, the wastewater board shall have the full authority and right to undertake all powers of the authority relating to a system, except that the wastewater board is not authorized to commit the authority to borrow money or undertake any condemnation without the approval of the board.
Acts 1998, ch. 998, § 5; 2011, ch. 419, § 3.
Tenn. Code Ann. § 64-10-202 — TN Code / Title 64 / Chapter 10 / Section 64-10-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Agribusiness" means a business dealing with agricultural products or engaged in providing products or services to farmers; (2) "Authority" means the Cumberland regional business and agribusiness marketing authority; (3) "Board" means the board of directors of the Cumberland regional business and agribusiness marketing authority; (4) "Business" means any start-up or existing business; (5) "Center" means the regional food distribution center established by the authority; (6) "Department" means the department of agriculture; and (7) "Region" means the area consisting of the counties of Anderson, Campbell, Cumberland, Fentress, Loudon, Morgan, Roane, Scott and any other county in the eastern grand division that becomes a member of the authority in accordance with § 64-10-215 . Added by 2013 Tenn. Acts, ch. 474, s 1, eff. 5/20/2013.
As used in this part, unless the context otherwise requires:
(1) "Agribusiness" means a business dealing with agricultural products or engaged in providing products or services to farmers;
(2) "Authority" means the Cumberland regional business and agribusiness marketing authority;
(3) "Board" means the board of directors of the Cumberland regional business and agribusiness marketing authority;
(4) "Business" means any start-up or existing business;
(5) "Center" means the regional food distribution center established by the authority;
(6) "Department" means the department of agriculture; and
(7) "Region" means the area consisting of the counties of Anderson, Campbell, Cumberland, Fentress, Loudon, Morgan, Roane, Scott and any other county in the eastern grand division that becomes a member of the authority in accordance with § 64-10-215 .
Added by 2013 Tenn. Acts, ch. 474, s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-2-313 — TN Code / Title 64 / Chapter 2 / Section 64-2-313
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 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 15; T.C.A., § 66-2-313.
(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 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 15; T.C.A., § 66-2-313.
Tenn. Code Ann. § 64-1-707 — TN Code / Title 64 / Chapter 1 / Section 64-1-707
Powers of represented counties
Status: in_force

The counties represented on the board of directors are hereby authorized and empowered to: (1) Contribute to the public works of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. The county legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and (2) Issue their bonds as provided in former §§ 5-11-101 - 5-11-125 [repealed] to obtain funds for the financing of public works by the agency or to secure advances made to the agency for the construction of public works pursuant to cooperative agreements with the agency. Acts 1982, ch. 679, § 8.
The counties represented on the board of directors are hereby authorized and empowered to:
(1) Contribute to the public works of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county. The county legislative bodies are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for county public purposes; and
(2) Issue their bonds as provided in former §§ 5-11-101 - 5-11-125 [repealed] to obtain funds for the financing of public works by the agency or to secure advances made to the agency for the construction of public works pursuant to cooperative agreements with the agency.
Acts 1982, ch. 679, § 8.