Tenn. Code Ann. § 64-1-603 — TN Code / Title 64 / Chapter 1 / Section 64-1-603
Powers and duties
Status: in_force

(a) The powers, duties and functions of the agency are as follows: (1) General: (A) Perpetual succession in corporate name; (B) Sue and be sued in corporate name; (C) Adopt, use and alter a corporate seal, which shall be judicially noticed; (D) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part; (E) Adopt, amend and repeal bylaws; and (F) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the agency from any source; (2) Formulation and Execution of Development Plans: The agency is authorized to: (A) Investigate the resources of the Upper Duck River area and determine the requirements for their full development and for control and development of the Upper Duck River stream system as an integral part of the economy of the area; (B) Develop and carry out a unified comprehensive program of resource development for economic growth of the area. These plans shall be consistent with plans for statewide economic development; (C) In making such investigations and in formulating development plans, seek and utilize the assistance of appropriate federal, state and local agencies and of private citizens and citizen organizations interested in the conservation and development of the resources of the area; (D) Provide, develop and help as appropriate the needed and feasible cooperative arrangements for the construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, industrial development and recreation as a part of comprehensive plans and, in aid of such activities, to accept loans, grants or other assistance from federal, state and local governments or from agencies of such governments; and (E) Arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines; (3) Land Acquisition: Acquire by purchase, lease, gift or in any manner other than by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary or convenient to the exercise of its powers or functions; and (4) Management and Operation: (A) Enter into contracts with municipalities, corporations and other public agencies or political subdivisions of any kind or with others for the sale of water for municipal, domestic, agricultural or industrial use or of any other services, facilities or commodities that the agency may be in a position to supply; (B) Develop reservoirs and shoreline lands for recreational and other uses as may be determined by the board of directors and provide for their operation for these purposes directly or by concessionaires, lessees or vendees of shoreline lands; (C) Sell or lease shoreline lands acquired in connection with development of the Upper Duck River system for uses consistent with the agency's development plan and subject to such restrictions as the agency deems necessary for reservoir protection and to such requirements as to character of improvements and activities and the time within which such improvements or activities shall be undertaken as the agency deems appropriate to its overall development plan; (D) Acquire or operate shoreline lands of reservoirs owned by the United States as the agent of the federal agency having custody and control thereof under appropriate agreements with such agencies; (E) Acquire, construct or operate other facilities or works for improvement as are necessary to effectuate plans for comprehensive development of the area; and (F) In addition to the investment of funds authorized by any other general law, invest funds to the same extent as utility districts are authorized to invest idle funds pursuant to § 7-82-108(a) ; provided, that the criteria set out in § 64-1-604(g) shall continue to apply to investments of refunding bond proceeds. (b) The agency shall not exercise any broad governmental controls or police powers to regulate land use, planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use. Amended by 2020 Tenn. Acts, ch. 665, Secs.s4, s5 eff. 4/2/2020. Acts 1965, ch. 80, § 3; T.C.A., § 66-1-603; Acts 1991, ch. 257, §§ 3, 4; 2006, ch. 516, § 1; 2006, ch. 863, § 5.
(a) The powers, duties and functions of the agency are as follows: (1) General: (A) Perpetual succession in corporate name; (B) Sue and be sued in corporate name; (C) Adopt, use and alter a corporate seal, which shall be judicially noticed; (D) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part; (E) Adopt, amend and repeal bylaws; and (F) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the agency from any source; (2) Formulation and Execution of Development Plans: The agency is authorized to: (A) Investigate the resources of the Upper Duck River area and determine the requirements for their full development and for control and development of the Upper Duck River stream system as an integral part of the economy of the area; (B) Develop and carry out a unified comprehensive program of resource development for economic growth of the area. These plans shall be consistent with plans for statewide economic development; (C) In making such investigations and in formulating development plans, seek and utilize the assistance of appropriate federal, state and local agencies and of private citizens and citizen organizations interested in the conservation and development of the resources of the area; (D) Provide, develop and help as appropriate the needed and feasible cooperative arrangements for the construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, industrial development and recreation as a part of comprehensive plans and, in aid of such activities, to accept loans, grants or other assistance from federal, state and local governments or from agencies of such governments; and (E) Arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines; (3) Land Acquisition: Acquire by purchase, lease, gift or in any manner other than by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary or convenient to the exercise of its powers or functions; and (4) Management and Operation: (A) Enter into contracts with municipalities, corporations and other public agencies or political subdivisions of any kind or with others for the sale of water for municipal, domestic, agricultural or industrial use or of any other services, facilities or commodities that the agency may be in a position to supply; (B) Develop reservoirs and shoreline lands for recreational and other uses as may be determined by the board of directors and provide for their operation for these purposes directly or by concessionaires, lessees or vendees of shoreline lands; (C) Sell or lease shoreline lands acquired in connection with development of the Upper Duck River system for uses consistent with the agency's development plan and subject to such restrictions as the agency deems necessary for reservoir protection and to such requirements as to character of improvements and activities and the time within which such improvements or activities shall be undertaken as the agency deems appropriate to its overall development plan; (D) Acquire or operate shoreline lands of reservoirs owned by the United States as the agent of the federal agency having custody and control thereof under appropriate agreements with such agencies; (E) Acquire, construct or operate other facilities or works for improvement as are necessary to effectuate plans for comprehensive development of the area; and (F) In addition to the investment of funds authorized by any other general law, invest funds to the same extent as utility districts are authorized to invest idle funds pursuant to § 7-82-108(a) ; provided, that the criteria set out in § 64-1-604(g) shall continue to apply to investments of refunding bond proceeds.
(1) General: (A) Perpetual succession in corporate name; (B) Sue and be sued in corporate name; (C) Adopt, use and alter a corporate seal, which shall be judicially noticed; (D) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part; (E) Adopt, amend and repeal bylaws; and (F) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the agency from any source;
(A) Perpetual succession in corporate name;
(B) Sue and be sued in corporate name;
(C) Adopt, use and alter a corporate seal, which shall be judicially noticed;
(D) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part;
(E) Adopt, amend and repeal bylaws; and
(F) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the agency from any source;
(2) Formulation and Execution of Development Plans: The agency is authorized to: (A) Investigate the resources of the Upper Duck River area and determine the requirements for their full development and for control and development of the Upper Duck River stream system as an integral part of the economy of the area; (B) Develop and carry out a unified comprehensive program of resource development for economic growth of the area. These plans shall be consistent with plans for statewide economic development; (C) In making such investigations and in formulating development plans, seek and utilize the assistance of appropriate federal, state and local agencies and of private citizens and citizen organizations interested in the conservation and development of the resources of the area; (D) Provide, develop and help as appropriate the needed and feasible cooperative arrangements for the construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, industrial development and recreation as a part of comprehensive plans and, in aid of such activities, to accept loans, grants or other assistance from federal, state and local governments or from agencies of such governments; and (E) Arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines;
(A) Investigate the resources of the Upper Duck River area and determine the requirements for their full development and for control and development of the Upper Duck River stream system as an integral part of the economy of the area;
(B) Develop and carry out a unified comprehensive program of resource development for economic growth of the area. These plans shall be consistent with plans for statewide economic development;
(C) In making such investigations and in formulating development plans, seek and utilize the assistance of appropriate federal, state and local agencies and of private citizens and citizen organizations interested in the conservation and development of the resources of the area;
(D) Provide, develop and help as appropriate the needed and feasible cooperative arrangements for the construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, industrial development and recreation as a part of comprehensive plans and, in aid of such activities, to accept loans, grants or other assistance from federal, state and local governments or from agencies of such governments; and
(E) Arrange with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways, bridges and utility lines;
(3) Land Acquisition: Acquire by purchase, lease, gift or in any manner other than by condemnation property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary or convenient to the exercise of its powers or functions; and
(4) Management and Operation: (A) Enter into contracts with municipalities, corporations and other public agencies or political subdivisions of any kind or with others for the sale of water for municipal, domestic, agricultural or industrial use or of any other services, facilities or commodities that the agency may be in a position to supply; (B) Develop reservoirs and shoreline lands for recreational and other uses as may be determined by the board of directors and provide for their operation for these purposes directly or by concessionaires, lessees or vendees of shoreline lands; (C) Sell or lease shoreline lands acquired in connection with development of the Upper Duck River system for uses consistent with the agency's development plan and subject to such restrictions as the agency deems necessary for reservoir protection and to such requirements as to character of improvements and activities and the time within which such improvements or activities shall be undertaken as the agency deems appropriate to its overall development plan; (D) Acquire or operate shoreline lands of reservoirs owned by the United States as the agent of the federal agency having custody and control thereof under appropriate agreements with such agencies; (E) Acquire, construct or operate other facilities or works for improvement as are necessary to effectuate plans for comprehensive development of the area; and (F) In addition to the investment of funds authorized by any other general law, invest funds to the same extent as utility districts are authorized to invest idle funds pursuant to § 7-82-108(a) ; provided, that the criteria set out in § 64-1-604(g) shall continue to apply to investments of refunding bond proceeds.
(A) Enter into contracts with municipalities, corporations and other public agencies or political subdivisions of any kind or with others for the sale of water for municipal, domestic, agricultural or industrial use or of any other services, facilities or commodities that the agency may be in a position to supply;
(B) Develop reservoirs and shoreline lands for recreational and other uses as may be determined by the board of directors and provide for their operation for these purposes directly or by concessionaires, lessees or vendees of shoreline lands;
(C) Sell or lease shoreline lands acquired in connection with development of the Upper Duck River system for uses consistent with the agency's development plan and subject to such restrictions as the agency deems necessary for reservoir protection and to such requirements as to character of improvements and activities and the time within which such improvements or activities shall be undertaken as the agency deems appropriate to its overall development plan;
(D) Acquire or operate shoreline lands of reservoirs owned by the United States as the agent of the federal agency having custody and control thereof under appropriate agreements with such agencies;
(E) Acquire, construct or operate other facilities or works for improvement as are necessary to effectuate plans for comprehensive development of the area; and
(F) In addition to the investment of funds authorized by any other general law, invest funds to the same extent as utility districts are authorized to invest idle funds pursuant to § 7-82-108(a) ; provided, that the criteria set out in § 64-1-604(g) shall continue to apply to investments of refunding bond proceeds.
(b) The agency shall not exercise any broad governmental controls or police powers to regulate land use, planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.
Amended by 2020 Tenn. Acts, ch. 665, Secs.s4, s5 eff. 4/2/2020.
Acts 1965, ch. 80, § 3; T.C.A., § 66-1-603; Acts 1991, ch. 257, §§ 3, 4; 2006, ch. 516, § 1; 2006, ch. 863, § 5.
Tenn. Code Ann. § 64-2-204 — TN Code / Title 64 / Chapter 2 / Section 64-2-204
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; (2) Membership of the board of directors shall consist of: (A) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-202 ; (B) The mayor of each city becoming a member of the authority, in accordance with § 64-2-202 ; and (C) A county mayor of a county that is a member of the authority may select and appoint one (1) additional member, and a city mayor of a city that is a member of the authority may select and appoint one (1) additional member. The term of each selected and appointed member must be prescribed by the county or city mayor making the appointment. A mayor has the right to terminate the term of a member appointed by the mayor or the mayor's predecessor; (3) (A) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until the member's successor has been duly elected as provided in this section; (B) In the event of the death or resignation of a member or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event; (C) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding such person's election shall be eligible to serve as a member. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in such office; (4) Before entering upon their duties, all directors shall take and subscribe to the oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county; (5) (A) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains. Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair. The directors shall hold meetings at such times and places as the directors may determine; (B) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure; (6) 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) (A) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety, in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state; (B) The board, by resolution, may require all other subordinate officers or employees, to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine; (8) All directors shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority; (9) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and (10) 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. Amended by 2024 Tenn. Acts, ch. 668,s 3, eff. 4/11/2024. Acts 1977, ch. 479, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A., § 65-3104; Acts 1979, ch. 135, § 1; T.C.A., § 66-2-204; Acts 1994, ch. 596, § 3; 2003 , ch. 90, § 2.
The organization of the authority shall be as follows:
(1) The authority shall be governed by a board of directors;
(2) Membership of the board of directors shall consist of: (A) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-202 ; (B) The mayor of each city becoming a member of the authority, in accordance with § 64-2-202 ; and (C) A county mayor of a county that is a member of the authority may select and appoint one (1) additional member, and a city mayor of a city that is a member of the authority may select and appoint one (1) additional member. The term of each selected and appointed member must be prescribed by the county or city mayor making the appointment. A mayor has the right to terminate the term of a member appointed by the mayor or the mayor's predecessor;
(A) The county mayor of each county becoming a member of the authority, in accordance with § 64-2-202 ;
(B) The mayor of each city becoming a member of the authority, in accordance with § 64-2-202 ; and
(C) A county mayor of a county that is a member of the authority may select and appoint one (1) additional member, and a city mayor of a city that is a member of the authority may select and appoint one (1) additional member. The term of each selected and appointed member must be prescribed by the county or city mayor making the appointment. A mayor has the right to terminate the term of a member appointed by the mayor or the mayor's predecessor;
(3) (A) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until the member's successor has been duly elected as provided in this section; (B) In the event of the death or resignation of a member or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event; (C) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding such person's election shall be eligible to serve as a member. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in such office;
(A) In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until the member's successor has been duly elected as provided in this section;
(B) In the event of the death or resignation of a member or the member's inability to serve prior to the expiration of the member's term, the member's successor shall be elected for the unexpired term by the remaining members of the board within thirty (30) days of the event;
(C) Any person at least twenty-five (25) years of age who has resided within the boundaries of the authority for a period of at least one (1) year immediately preceding such person's election shall be eligible to serve as a member. Any director who ceases to regularly reside within the boundaries of the authority shall automatically become ineligible to serve in such office;
(4) Before entering upon their duties, all directors shall take and subscribe to the oath of office, as provided by the constitution and law for county and city officers. Copies of the oath of each director shall be filed with the county clerk of the applicable county;
(5) (A) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains. Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair. The directors shall hold meetings at such times and places as the directors may determine; (B) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure;
(A) A majority of the directors shall constitute a quorum, and the directors shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the directors shall not affect their power and authority, so long as a quorum remains. Within thirty (30) days after their election as provided in this section, the directors shall hold a meeting to elect a chair. The directors shall hold meetings at such times and places as the directors may determine;
(B) Special meetings may be called and held upon such notice and in such manner as the board may, by resolution, determine. Save as otherwise expressly provided, the board shall establish its own rules of procedure;
(6) 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) (A) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety, in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state; (B) The board, by resolution, may require all other subordinate officers or employees, to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine;
(A) The board, by resolution, shall require the treasurer or the secretary-treasurer to execute a bond with an approved corporate surety, in such amount as the board may specify, for the faithful performance of the treasurer's or the secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or the secretary-treasurer's hands. Such bond shall be filed with the secretary of state;
(B) The board, by resolution, may require all other subordinate officers or employees, to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine;
(8) All directors shall serve without compensation but may receive any per diem allowance that may be appropriated by the governing body of the county or city electing a director, for such director. Reasonable expenses incurred by members of the board while engaged in the business of the authority are subject to reimbursement by the authority;
(9) The directors shall be indemnified by the authority for any liability they might incur while acting in such capacity other than for culpable negligence; and
(10) 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.
Amended by 2024 Tenn. Acts, ch. 668,s 3, eff. 4/11/2024.
Acts 1977, ch. 479, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A., § 65-3104; Acts 1979, ch. 135, § 1; T.C.A., § 66-2-204; Acts 1994, ch. 596, § 3; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 64-4-116 — TN Code / Title 64 / Chapter 4 / Section 64-4-116
Construction of chapter
Status: in_force

(a) The powers, authority and rights conferred by this chapter are in addition and supplemental to any other general, special or local law conferring powers to counties, industrial development corporations or port authorities, and the limitations imposed by this chapter do not affect the powers conferred to any county, industrial development corporation or port authority created by any other general, special or local law. (b) This chapter is remedial in nature, and shall be liberally construed to effect its purposes of: (1) Promoting navigation on the Tennessee River; (2) Facilitating the movement and transfer of goods and merchandise to, from and through the counties of Decatur, Hardin, Perry and Wayne; (3) Encouraging utilization of the natural and recreational resources therein; and (4) Promoting the growth and development of commerce and industry in such counties. (c) Nothing in this chapter shall: (1) Grant any power or control to the board of commissioners over any land or facilities now under the control of any existing port authority created by general or special act; (2) Prohibit or preclude any existing port authority from exercising control over any land or facilities now under its control or that may come under its control prior to the time the board adopts by resolution a plan for development of such land or facilities; (3) Prohibit any county from transferring by any means any interest in any land to any port authority in existence in such county on May 1, 1980; or (4) Prohibit any county from exercising any power granted by any general or special act with regard to any port authority in existence in such county on May 1, 1980. Acts 1980, ch. 900, § 16; T.C.A., § 66-4-116.
(a) The powers, authority and rights conferred by this chapter are in addition and supplemental to any other general, special or local law conferring powers to counties, industrial development corporations or port authorities, and the limitations imposed by this chapter do not affect the powers conferred to any county, industrial development corporation or port authority created by any other general, special or local law.
(b) This chapter is remedial in nature, and shall be liberally construed to effect its purposes of: (1) Promoting navigation on the Tennessee River; (2) Facilitating the movement and transfer of goods and merchandise to, from and through the counties of Decatur, Hardin, Perry and Wayne; (3) Encouraging utilization of the natural and recreational resources therein; and (4) Promoting the growth and development of commerce and industry in such counties.
(1) Promoting navigation on the Tennessee River;
(2) Facilitating the movement and transfer of goods and merchandise to, from and through the counties of Decatur, Hardin, Perry and Wayne;
(3) Encouraging utilization of the natural and recreational resources therein; and
(4) Promoting the growth and development of commerce and industry in such counties.
(c) Nothing in this chapter shall: (1) Grant any power or control to the board of commissioners over any land or facilities now under the control of any existing port authority created by general or special act; (2) Prohibit or preclude any existing port authority from exercising control over any land or facilities now under its control or that may come under its control prior to the time the board adopts by resolution a plan for development of such land or facilities; (3) Prohibit any county from transferring by any means any interest in any land to any port authority in existence in such county on May 1, 1980; or (4) Prohibit any county from exercising any power granted by any general or special act with regard to any port authority in existence in such county on May 1, 1980.
(1) Grant any power or control to the board of commissioners over any land or facilities now under the control of any existing port authority created by general or special act;
(2) Prohibit or preclude any existing port authority from exercising control over any land or facilities now under its control or that may come under its control prior to the time the board adopts by resolution a plan for development of such land or facilities;
(3) Prohibit any county from transferring by any means any interest in any land to any port authority in existence in such county on May 1, 1980; or
(4) Prohibit any county from exercising any power granted by any general or special act with regard to any port authority in existence in such county on May 1, 1980.
Acts 1980, ch. 900, § 16; T.C.A., § 66-4-116.
Tenn. Code Ann. § 64-4-102 — TN Code / Title 64 / Chapter 4 / Section 64-4-102
Legislative findings - Public and governmental character of port authorities - Declaration of public necessity
Status: in_force

(a) It is declared that a clear need exists in rural areas of Tennessee for improved transportation and navigation for the movement and transportation of people, goods and merchandise and for the creation of expanded employment opportunities through the promotion of commerce and industry and with minimal pollution, which require that such rural areas shall have the option of placing the central operation and financing of such rural port and development agencies within rural instrumentalities, and that such instrumentalities have the authority to acquire from the state or other owners real and personal property and to develop, manage and operate the same for economic and industrial development. (b) It is further declared that port authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and that the acquisition, operation, financing and disposal of ports, lands, industrial and other related facilities are declared to be for public and governmental purposes and a matter of public necessity. Acts 1980, ch. 900, § 2; T.C.A., § 66-4-102 .
(a) It is declared that a clear need exists in rural areas of Tennessee for improved transportation and navigation for the movement and transportation of people, goods and merchandise and for the creation of expanded employment opportunities through the promotion of commerce and industry and with minimal pollution, which require that such rural areas shall have the option of placing the central operation and financing of such rural port and development agencies within rural instrumentalities, and that such instrumentalities have the authority to acquire from the state or other owners real and personal property and to develop, manage and operate the same for economic and industrial development.
(b) It is further declared that port authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and that the acquisition, operation, financing and disposal of ports, lands, industrial and other related facilities are declared to be for public and governmental purposes and a matter of public necessity.
Acts 1980, ch. 900, § 2; T.C.A., § 66-4-102 .
Tenn. Code Ann. § 64-2-107 — TN Code / Title 64 / Chapter 2 / Section 64-2-107
Eminent domain
Status: in_force

(a) The authority is hereby authorized and empowered to condemn in the name of the authority any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17. (b) Where title to any property sought to be condemned is defective, title shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with a clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just. Acts 2005, ch. 396, § 8.
(a) The authority is hereby authorized and empowered to condemn in the name of the authority any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b) Where title to any property sought to be condemned is defective, title shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with a clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just.
Acts 2005, ch. 396, § 8.
Tenn. Code Ann. § 64-1-1102 — TN Code / Title 64 / Chapter 1 / Section 64-1-1102
Board of directors
Status: in_force

(a) (1) The West Tennessee River basin authority, under the administrative control of the department of environment and conservation, shall be governed and directed by a board of directors consisting of the following members: (A) The county mayor of each county electing to participate in the authority shall be a member of the board or, if the county mayor recommends, the county legislative body may select a member of the county legislative body or another citizen of the county to serve instead of the county mayor; (B) The commissioner of agriculture or a designee; (C) One (1) member who is a supervisor of a soil and water conservation district in the participating counties, as established under the Soil and Water Conservation Districts Law, compiled in title 43, chapter 14, part 2, to be appointed by the governor from a list of nominees submitted by interested soil conservation groups including, but not limited to, the Tennessee Association of Soil Conservation Districts. The term of this member shall coincide with the supervisor's term of office; (D) Two (2) members of the house of representatives representing part of the area to which this part applies, to serve on the board during that representative's term of office, to be appointed by the speaker of the house of representatives from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the house of representatives shall appoint two (2) members from that political party; (E) Two (2) members of the senate representing part of the area to which this part applies, to serve on the board during that senator's term of office, to be appointed by the speaker of the senate from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the senate shall appoint two (2) members from that political party; (F) The commissioner of environment and conservation or a designee; (G) The executive director of the wildlife resources agency or a designee; (H) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested forestry groups including, but not limited to, the Tennessee Forestry Association; (I) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested conservation groups including, but not limited to, the Tennessee Wildlife Federation; and (J) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau. (2) The governor shall consult with the interested groups described in subdivision (a)(1) to determine qualified persons to fill the positions on the board. (b) Annually, at its first meeting of the year, the board shall elect a chair, vice chair and a secretary-treasurer and shall set a regular time and place for meetings of the board. (c) Members of the board shall serve without compensation except reimbursement as provided by state travel regulations for travel expenses incurred in the performance of their official duties. (d) The terms of the members of the board that are appointed by the governor pursuant to subsection (a) shall be six (6) years. Such members shall serve until a successor is appointed. (e) (1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (e)(1). Amended by 2021 Tenn. Acts, ch. 203, s 18, eff. 4/22/2021. Amended by 2020 Tenn. Acts, ch. 667, s 3, eff. 4/2/2020. Amended by 2014 Tenn. Acts, ch. 580, s 3, eff. 3/28/2014. Amended by 2016 Tenn. Acts, ch. 699, Secs.s 1, s 2 eff. 4/6/2016. Acts 1996, ch. 890, § 3; 2003 , ch. 90, § 2; 2003 , ch. 199, § 4; 2007 , ch. 569, § 2.
(a) (1) The West Tennessee River basin authority, under the administrative control of the department of environment and conservation, shall be governed and directed by a board of directors consisting of the following members: (A) The county mayor of each county electing to participate in the authority shall be a member of the board or, if the county mayor recommends, the county legislative body may select a member of the county legislative body or another citizen of the county to serve instead of the county mayor; (B) The commissioner of agriculture or a designee; (C) One (1) member who is a supervisor of a soil and water conservation district in the participating counties, as established under the Soil and Water Conservation Districts Law, compiled in title 43, chapter 14, part 2, to be appointed by the governor from a list of nominees submitted by interested soil conservation groups including, but not limited to, the Tennessee Association of Soil Conservation Districts. The term of this member shall coincide with the supervisor's term of office; (D) Two (2) members of the house of representatives representing part of the area to which this part applies, to serve on the board during that representative's term of office, to be appointed by the speaker of the house of representatives from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the house of representatives shall appoint two (2) members from that political party; (E) Two (2) members of the senate representing part of the area to which this part applies, to serve on the board during that senator's term of office, to be appointed by the speaker of the senate from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the senate shall appoint two (2) members from that political party; (F) The commissioner of environment and conservation or a designee; (G) The executive director of the wildlife resources agency or a designee; (H) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested forestry groups including, but not limited to, the Tennessee Forestry Association; (I) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested conservation groups including, but not limited to, the Tennessee Wildlife Federation; and (J) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau. (2) The governor shall consult with the interested groups described in subdivision (a)(1) to determine qualified persons to fill the positions on the board.
(1) The West Tennessee River basin authority, under the administrative control of the department of environment and conservation, shall be governed and directed by a board of directors consisting of the following members: (A) The county mayor of each county electing to participate in the authority shall be a member of the board or, if the county mayor recommends, the county legislative body may select a member of the county legislative body or another citizen of the county to serve instead of the county mayor; (B) The commissioner of agriculture or a designee; (C) One (1) member who is a supervisor of a soil and water conservation district in the participating counties, as established under the Soil and Water Conservation Districts Law, compiled in title 43, chapter 14, part 2, to be appointed by the governor from a list of nominees submitted by interested soil conservation groups including, but not limited to, the Tennessee Association of Soil Conservation Districts. The term of this member shall coincide with the supervisor's term of office; (D) Two (2) members of the house of representatives representing part of the area to which this part applies, to serve on the board during that representative's term of office, to be appointed by the speaker of the house of representatives from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the house of representatives shall appoint two (2) members from that political party; (E) Two (2) members of the senate representing part of the area to which this part applies, to serve on the board during that senator's term of office, to be appointed by the speaker of the senate from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the senate shall appoint two (2) members from that political party; (F) The commissioner of environment and conservation or a designee; (G) The executive director of the wildlife resources agency or a designee; (H) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested forestry groups including, but not limited to, the Tennessee Forestry Association; (I) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested conservation groups including, but not limited to, the Tennessee Wildlife Federation; and (J) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau.
(A) The county mayor of each county electing to participate in the authority shall be a member of the board or, if the county mayor recommends, the county legislative body may select a member of the county legislative body or another citizen of the county to serve instead of the county mayor;
(B) The commissioner of agriculture or a designee;
(C) One (1) member who is a supervisor of a soil and water conservation district in the participating counties, as established under the Soil and Water Conservation Districts Law, compiled in title 43, chapter 14, part 2, to be appointed by the governor from a list of nominees submitted by interested soil conservation groups including, but not limited to, the Tennessee Association of Soil Conservation Districts. The term of this member shall coincide with the supervisor's term of office;
(D) Two (2) members of the house of representatives representing part of the area to which this part applies, to serve on the board during that representative's term of office, to be appointed by the speaker of the house of representatives from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the house of representatives shall appoint two (2) members from that political party;
(E) Two (2) members of the senate representing part of the area to which this part applies, to serve on the board during that senator's term of office, to be appointed by the speaker of the senate from different political parties unless all members representing part of the area only belong to one (1) political party then the speaker of the senate shall appoint two (2) members from that political party;
(F) The commissioner of environment and conservation or a designee;
(G) The executive director of the wildlife resources agency or a designee;
(H) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested forestry groups including, but not limited to, the Tennessee Forestry Association;
(I) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested conservation groups including, but not limited to, the Tennessee Wildlife Federation; and
(J) One (1) member who is a resident of a participating county appointed by the governor from a list of nominees submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau.
(2) The governor shall consult with the interested groups described in subdivision (a)(1) to determine qualified persons to fill the positions on the board.
(b) Annually, at its first meeting of the year, the board shall elect a chair, vice chair and a secretary-treasurer and shall set a regular time and place for meetings of the board.
(c) Members of the board shall serve without compensation except reimbursement as provided by state travel regulations for travel expenses incurred in the performance of their official duties.
(d) The terms of the members of the board that are appointed by the governor pursuant to subsection (a) shall be six (6) years. Such members shall serve until a successor is appointed.
(e) (1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (e)(1).
(1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
(2) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement as prescribed in subdivision (e)(1).
Amended by 2021 Tenn. Acts, ch. 203, s 18, eff. 4/22/2021.
Amended by 2020 Tenn. Acts, ch. 667, s 3, eff. 4/2/2020.
Amended by 2014 Tenn. Acts, ch. 580, s 3, eff. 3/28/2014.
Amended by 2016 Tenn. Acts, ch. 699, Secs.s 1, s 2 eff. 4/6/2016.
Acts 1996, ch. 890, § 3; 2003 , ch. 90, § 2; 2003 , ch. 199, § 4; 2007 , ch. 569, § 2.
Tenn. Code Ann. § 64-1-101 — TN Code / Title 64 / Chapter 1 / Section 64-1-101
Legislative findings - Authority creation - Board of directors - Chair - Meetings - Employees
Status: in_force

(a) (1) The general assembly finds and declares that: (A) The tributaries and subtributaries of the major waterways of Tennessee are among the basic resources of the state; (B) Determination and effectuation of the best means for control of the flood waters of those tributaries and subtributaries, development of their full potential as a domestic, municipal, industrial and agricultural water source and use of their waters and shoreline lands for recreation and industrial development are public purposes essential to the integrated economic development of the areas drained by these streams and to the future economic welfare of the entire state; (C) Development of the watershed of the Beech River by a local development authority will provide information on problems of water control and development valuable in the formulation of state policy with respect to similar action on larger streams; and (D) Creation of a local development authority is essential to the achievement of these objectives in the watershed of the Beech River in Decatur and Henderson counties. (2) There is, therefore, hereby created the Beech River watershed development authority, referred to as "authority" in this part, to exercise the powers granted in this part, in and with respect to the portions of the counties of Decatur and Henderson making up the watershed of the Beech River. (b) The authority shall be a body politic and corporate and shall be governed by a board of directors consisting of: (1) The commissioner of environment and conservation or the commissioner's designee, the county mayor of Decatur County or the mayor's designee, and the county mayor of Henderson County or the mayor's designee as ex officio members; and (2) Five (5) additional members to be appointed by the governor from persons residing in Decatur or Henderson County and to include persons active in municipal, industrial, agricultural and commercial groups concerned with the development of the Beech River watershed. One (1) such member shall be appointed for a three-year term, two (2) for six-year terms and two (2) for nine-year terms, but such terms shall continue in all events until successors are appointed. Their successors shall be appointed by the governor for terms of nine (9) years. Two (2) members shall be appointed from persons residing in Decatur County and three (3) from persons residing in Henderson County. In the event of a vacancy on the board, the governor shall appoint a successor for the unexpired term. (c) The board of directors of the authority shall elect a chair from the voting members of the board for a term of three (3) years or for so long as such person remains a member of the board, whichever is less. (d) The commissioner shall serve on the board in an advisory capacity without vote. The other members shall each have one (1) vote. The directors shall serve without pay except for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority. (e) (1) Upon completion of the membership of the board, the members shall meet and organize in Lexington, Tennessee, set a regular time and place for the meetings of the authority, and obtain offices and all necessary equipment for the office. (2) (A) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement prescribed in subdivision (e)(2)(A). (3) The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this part and the salary of any such employees may be paid out of such funds as may be available to the authority from any source. The executive secretary is the custodian of funds belonging to the authority and shall keep the records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board. Amended by 2020 Tenn. Acts, ch. 661, Secs.s3, s4 eff. 4/2/2020. Acts 1961, ch. 315, § 1; impl. am. Acts 1963, ch. 169, §§ 1, 3; Acts 1963, ch. 343, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 66-1-101 ; Acts 1995, ch. 501, § 4; 2003 , ch. 90, § 2.
(a) (1) The general assembly finds and declares that: (A) The tributaries and subtributaries of the major waterways of Tennessee are among the basic resources of the state; (B) Determination and effectuation of the best means for control of the flood waters of those tributaries and subtributaries, development of their full potential as a domestic, municipal, industrial and agricultural water source and use of their waters and shoreline lands for recreation and industrial development are public purposes essential to the integrated economic development of the areas drained by these streams and to the future economic welfare of the entire state; (C) Development of the watershed of the Beech River by a local development authority will provide information on problems of water control and development valuable in the formulation of state policy with respect to similar action on larger streams; and (D) Creation of a local development authority is essential to the achievement of these objectives in the watershed of the Beech River in Decatur and Henderson counties. (2) There is, therefore, hereby created the Beech River watershed development authority, referred to as "authority" in this part, to exercise the powers granted in this part, in and with respect to the portions of the counties of Decatur and Henderson making up the watershed of the Beech River.
(1) The general assembly finds and declares that: (A) The tributaries and subtributaries of the major waterways of Tennessee are among the basic resources of the state; (B) Determination and effectuation of the best means for control of the flood waters of those tributaries and subtributaries, development of their full potential as a domestic, municipal, industrial and agricultural water source and use of their waters and shoreline lands for recreation and industrial development are public purposes essential to the integrated economic development of the areas drained by these streams and to the future economic welfare of the entire state; (C) Development of the watershed of the Beech River by a local development authority will provide information on problems of water control and development valuable in the formulation of state policy with respect to similar action on larger streams; and (D) Creation of a local development authority is essential to the achievement of these objectives in the watershed of the Beech River in Decatur and Henderson counties.
(A) The tributaries and subtributaries of the major waterways of Tennessee are among the basic resources of the state;
(B) Determination and effectuation of the best means for control of the flood waters of those tributaries and subtributaries, development of their full potential as a domestic, municipal, industrial and agricultural water source and use of their waters and shoreline lands for recreation and industrial development are public purposes essential to the integrated economic development of the areas drained by these streams and to the future economic welfare of the entire state;
(C) Development of the watershed of the Beech River by a local development authority will provide information on problems of water control and development valuable in the formulation of state policy with respect to similar action on larger streams; and
(D) Creation of a local development authority is essential to the achievement of these objectives in the watershed of the Beech River in Decatur and Henderson counties.
(2) There is, therefore, hereby created the Beech River watershed development authority, referred to as "authority" in this part, to exercise the powers granted in this part, in and with respect to the portions of the counties of Decatur and Henderson making up the watershed of the Beech River.
(b) The authority shall be a body politic and corporate and shall be governed by a board of directors consisting of: (1) The commissioner of environment and conservation or the commissioner's designee, the county mayor of Decatur County or the mayor's designee, and the county mayor of Henderson County or the mayor's designee as ex officio members; and (2) Five (5) additional members to be appointed by the governor from persons residing in Decatur or Henderson County and to include persons active in municipal, industrial, agricultural and commercial groups concerned with the development of the Beech River watershed. One (1) such member shall be appointed for a three-year term, two (2) for six-year terms and two (2) for nine-year terms, but such terms shall continue in all events until successors are appointed. Their successors shall be appointed by the governor for terms of nine (9) years. Two (2) members shall be appointed from persons residing in Decatur County and three (3) from persons residing in Henderson County. In the event of a vacancy on the board, the governor shall appoint a successor for the unexpired term.
(1) The commissioner of environment and conservation or the commissioner's designee, the county mayor of Decatur County or the mayor's designee, and the county mayor of Henderson County or the mayor's designee as ex officio members; and
(2) Five (5) additional members to be appointed by the governor from persons residing in Decatur or Henderson County and to include persons active in municipal, industrial, agricultural and commercial groups concerned with the development of the Beech River watershed. One (1) such member shall be appointed for a three-year term, two (2) for six-year terms and two (2) for nine-year terms, but such terms shall continue in all events until successors are appointed. Their successors shall be appointed by the governor for terms of nine (9) years. Two (2) members shall be appointed from persons residing in Decatur County and three (3) from persons residing in Henderson County. In the event of a vacancy on the board, the governor shall appoint a successor for the unexpired term.
(c) The board of directors of the authority shall elect a chair from the voting members of the board for a term of three (3) years or for so long as such person remains a member of the board, whichever is less.
(d) The commissioner shall serve on the board in an advisory capacity without vote. The other members shall each have one (1) vote. The directors shall serve without pay except for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority.
(e) (1) Upon completion of the membership of the board, the members shall meet and organize in Lexington, Tennessee, set a regular time and place for the meetings of the authority, and obtain offices and all necessary equipment for the office. (2) (A) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement prescribed in subdivision (e)(2)(A). (3) The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this part and the salary of any such employees may be paid out of such funds as may be available to the authority from any source. The executive secretary is the custodian of funds belonging to the authority and shall keep the records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board.
(1) Upon completion of the membership of the board, the members shall meet and organize in Lexington, Tennessee, set a regular time and place for the meetings of the authority, and obtain offices and all necessary equipment for the office.
(2) (A) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement prescribed in subdivision (e)(2)(A).
(A) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
(B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of the member who fails to satisfy the attendance requirement prescribed in subdivision (e)(2)(A).
(3) The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this part and the salary of any such employees may be paid out of such funds as may be available to the authority from any source. The executive secretary is the custodian of funds belonging to the authority and shall keep the records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board.
Amended by 2020 Tenn. Acts, ch. 661, Secs.s3, s4 eff. 4/2/2020.
Acts 1961, ch. 315, § 1; impl. am. Acts 1963, ch. 169, §§ 1, 3; Acts 1963, ch. 343, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 66-1-101 ; Acts 1995, ch. 501, § 4; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 64-9-104 — TN Code / Title 64 / Chapter 9 / Section 64-9-104
Powers
Status: in_force

(a) The authority is vested with all powers necessary for and consistent with accomplishing the purposes of this chapter, including, but not limited to, the power to: (1) Adopt, amend, and repeal bylaws; (2) Execute contracts; (3) Subject to the approval of the commissioner of general services, employ individuals and create, combine, consolidate, or abolish divisions within the authority as the board deems necessary for the transaction of the authority's business; (4) Retain third-party contractors and agents as the board deems necessary for the transaction of the authority's business and require or waive the bond of a contractor or agent as the board may deem appropriate. The engagement of outside legal counsel must comply with § 8-6-106 ; (5) Enforce compliance with this chapter and the rules, policies, or land use regulations adopted pursuant to this chapter in a court of competent jurisdiction and seek any remedy available under applicable law or in equity; (6) Own, acquire, purchase, option, convey, exchange, donate, sell, gift, rent, lease, improve, maintain, operate, and equip real and personal property, without the need for separate approval from another state agency, board, or commission, notwithstanding the requirements contained in § 12-2-112 . These powers include, but are not limited to, the power to: (A) Acquire, whether by purchase, exchange, gift, lease, or otherwise, and develop, improve, maintain, equip, and furnish one (1) or more projects, including, but not limited to, all real and personal property that the board may deem necessary in connection with the projects, regardless of whether or not such projects are then in existence; (B) Lease to others one (1) or more projects and, in the board's sole discretion, establish, charge, waive, and collect rent for the projects, and execute amendments to such leases, which amendments, among other things, may provide for extending the terms of such leases, amending or extending payments in lieu of taxes due under the leases, and amending or extending rents or other payments due under the leases, together with all other terms and conditions as the board may deem advisable. The authority may include in a lease or amendment an option for the lessee to purchase all or a portion of the project with or without consideration; (C) Sell to others one (1) or more projects for such payments and upon such terms and conditions as the board may deem advisable; (D) Develop, improve, and maintain the grounds within the megasite, including, but not limited to, construction and maintenance of roads and buildings, utilities, signage, trash removal, vegetation control, and landscaping; (E) Grant mortgages, deeds of trust, easements, or other encumbrances on all or a part of the megasite, including, but not limited to, subordinating this state's ownership interest in all or a part of the megasite; and (F) Have exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this chapter, except as otherwise expressly provided in this chapter and except as applied to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4; (7) Accept and distribute grants and other incentives to induce projects to locate at or expand operations at the megasite or otherwise to further the purposes of this chapter; (8) Have the exclusive authority to regulate land use, including the subdivision of property, located within the megasite; (9) Enter into agreements with lessees of real and personal property located at the megasite regarding payments in lieu of ad valorem taxes and, at the authority's discretion, direct a lessee to make such payments in lieu of taxes directly to a municipality or county. A payment in lieu of taxes under such an agreement becomes and remains a first lien upon the fee interest in the leased property from January 1 of the year in which such payment in lieu of taxes is due. The authority and a municipality or county intended to receive such payment in lieu of taxes may each enforce such lien and obtain interest at ten percent (10%) per annum from the date due and reasonable attorneys' fees, by suit filed in a court of competent jurisdiction; (10) Enter into agreements with local governments pursuant to title 12, chapter 9, regarding the provisions of governmental services to the megasite and the distribution to local governments of payments in lieu of ad valorem property taxes; (11) Offer and provide water and wastewater services to customers located on the initial megasite property, together with all actions necessary or incidental to the provision of water and wastewater services, including the power to: (A) Plan, establish, develop, investigate, study, acquire, purchase, construct, equip, improve, repair, extend, maintain, and operate a water system or wastewater system within or outside the megasite boundary to serve the initial megasite property; (B) Buy, collect, store, process, treat, sell, transfer, dispose of, and distribute water and wastewater from, with, or to a county, municipality, utility district, this state or an agency thereof, the United States or an agency thereof, or a person, whether public or private; (C) Acquire and own each type of property, franchise, or asset, whether real, personal, or mixed, tangible or intangible, whether located within or without the boundaries of the initial megasite property, and sell, lease, exchange, or convey properties, facilities, and services for the purpose of operating a water system or wastewater system; (D) Establish and charge rates and set terms and conditions of service for the use of the water system or wastewater system and the sale of materials or commodities by the authority; (E) Use a right-of-way, easement, or other similar property right held by this state or a political subdivision of this state that is necessary or convenient in connection with a water system or wastewater system; provided, that this state or the political subdivision consents to such use; (F) Sell or otherwise dispose of all or a part of a water system or wastewater system; (G) Adopt and enforce a pretreatment program, as that term is defined in § 69-3-103 , pursuant to and in compliance with the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1, and rules promulgated by the board of water quality, oil, and gas; and (H) Operate a public water system, as that term is defined in § 68-221-703 , pursuant to and in compliance with title 68, chapter 221, part 7, and rules promulgated by the board of water quality, oil, and gas; (12) Condemn land, a right in land, an easement, or a right-of-way as the board deems necessary for effectuating the purposes of this chapter, whether or not the condemned property interest is owned or held for public use by a person or persons having the power of eminent domain or otherwise held or used for public purposes. Condemnation by the authority must not interfere with a prior public use of the property interest that is being condemned. The power conferred in this subdivision (a)(12) may be exercised pursuant to any applicable statutory provision, now in force or later enacted, for the exercise of the power of eminent domain; (13) Do and perform each and every act and thing and have and exercise each and every power that the board, in the board's sole discretion, deems necessary, convenient, or appropriate, to accomplish the purposes of this chapter. The inclusion of a specific power in this chapter does not limit the broad general powers granted to the authority. The exercise of the authority's powers, including, but not limited to, the powers with respect to the disposition, development, encumbrance, lease, sublease, or improvement of state property, are exclusive and are not subject to further approval, except as expressly provided in this chapter; and (14) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The board may, in the board's sole discretion, require that a board action be accomplished by rule. Otherwise, a board action may be accomplished by majority vote of the entire membership of the board. (b) Except as otherwise expressly provided in this chapter, and notwithstanding title 4, chapter 15, or any other law to the contrary, the powers of the authority are exclusively vested in the authority. Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
(a) The authority is vested with all powers necessary for and consistent with accomplishing the purposes of this chapter, including, but not limited to, the power to: (1) Adopt, amend, and repeal bylaws; (2) Execute contracts; (3) Subject to the approval of the commissioner of general services, employ individuals and create, combine, consolidate, or abolish divisions within the authority as the board deems necessary for the transaction of the authority's business; (4) Retain third-party contractors and agents as the board deems necessary for the transaction of the authority's business and require or waive the bond of a contractor or agent as the board may deem appropriate. The engagement of outside legal counsel must comply with § 8-6-106 ; (5) Enforce compliance with this chapter and the rules, policies, or land use regulations adopted pursuant to this chapter in a court of competent jurisdiction and seek any remedy available under applicable law or in equity; (6) Own, acquire, purchase, option, convey, exchange, donate, sell, gift, rent, lease, improve, maintain, operate, and equip real and personal property, without the need for separate approval from another state agency, board, or commission, notwithstanding the requirements contained in § 12-2-112 . These powers include, but are not limited to, the power to: (A) Acquire, whether by purchase, exchange, gift, lease, or otherwise, and develop, improve, maintain, equip, and furnish one (1) or more projects, including, but not limited to, all real and personal property that the board may deem necessary in connection with the projects, regardless of whether or not such projects are then in existence; (B) Lease to others one (1) or more projects and, in the board's sole discretion, establish, charge, waive, and collect rent for the projects, and execute amendments to such leases, which amendments, among other things, may provide for extending the terms of such leases, amending or extending payments in lieu of taxes due under the leases, and amending or extending rents or other payments due under the leases, together with all other terms and conditions as the board may deem advisable. The authority may include in a lease or amendment an option for the lessee to purchase all or a portion of the project with or without consideration; (C) Sell to others one (1) or more projects for such payments and upon such terms and conditions as the board may deem advisable; (D) Develop, improve, and maintain the grounds within the megasite, including, but not limited to, construction and maintenance of roads and buildings, utilities, signage, trash removal, vegetation control, and landscaping; (E) Grant mortgages, deeds of trust, easements, or other encumbrances on all or a part of the megasite, including, but not limited to, subordinating this state's ownership interest in all or a part of the megasite; and (F) Have exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this chapter, except as otherwise expressly provided in this chapter and except as applied to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4; (7) Accept and distribute grants and other incentives to induce projects to locate at or expand operations at the megasite or otherwise to further the purposes of this chapter; (8) Have the exclusive authority to regulate land use, including the subdivision of property, located within the megasite; (9) Enter into agreements with lessees of real and personal property located at the megasite regarding payments in lieu of ad valorem taxes and, at the authority's discretion, direct a lessee to make such payments in lieu of taxes directly to a municipality or county. A payment in lieu of taxes under such an agreement becomes and remains a first lien upon the fee interest in the leased property from January 1 of the year in which such payment in lieu of taxes is due. The authority and a municipality or county intended to receive such payment in lieu of taxes may each enforce such lien and obtain interest at ten percent (10%) per annum from the date due and reasonable attorneys' fees, by suit filed in a court of competent jurisdiction; (10) Enter into agreements with local governments pursuant to title 12, chapter 9, regarding the provisions of governmental services to the megasite and the distribution to local governments of payments in lieu of ad valorem property taxes; (11) Offer and provide water and wastewater services to customers located on the initial megasite property, together with all actions necessary or incidental to the provision of water and wastewater services, including the power to: (A) Plan, establish, develop, investigate, study, acquire, purchase, construct, equip, improve, repair, extend, maintain, and operate a water system or wastewater system within or outside the megasite boundary to serve the initial megasite property; (B) Buy, collect, store, process, treat, sell, transfer, dispose of, and distribute water and wastewater from, with, or to a county, municipality, utility district, this state or an agency thereof, the United States or an agency thereof, or a person, whether public or private; (C) Acquire and own each type of property, franchise, or asset, whether real, personal, or mixed, tangible or intangible, whether located within or without the boundaries of the initial megasite property, and sell, lease, exchange, or convey properties, facilities, and services for the purpose of operating a water system or wastewater system; (D) Establish and charge rates and set terms and conditions of service for the use of the water system or wastewater system and the sale of materials or commodities by the authority; (E) Use a right-of-way, easement, or other similar property right held by this state or a political subdivision of this state that is necessary or convenient in connection with a water system or wastewater system; provided, that this state or the political subdivision consents to such use; (F) Sell or otherwise dispose of all or a part of a water system or wastewater system; (G) Adopt and enforce a pretreatment program, as that term is defined in § 69-3-103 , pursuant to and in compliance with the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1, and rules promulgated by the board of water quality, oil, and gas; and (H) Operate a public water system, as that term is defined in § 68-221-703 , pursuant to and in compliance with title 68, chapter 221, part 7, and rules promulgated by the board of water quality, oil, and gas; (12) Condemn land, a right in land, an easement, or a right-of-way as the board deems necessary for effectuating the purposes of this chapter, whether or not the condemned property interest is owned or held for public use by a person or persons having the power of eminent domain or otherwise held or used for public purposes. Condemnation by the authority must not interfere with a prior public use of the property interest that is being condemned. The power conferred in this subdivision (a)(12) may be exercised pursuant to any applicable statutory provision, now in force or later enacted, for the exercise of the power of eminent domain; (13) Do and perform each and every act and thing and have and exercise each and every power that the board, in the board's sole discretion, deems necessary, convenient, or appropriate, to accomplish the purposes of this chapter. The inclusion of a specific power in this chapter does not limit the broad general powers granted to the authority. The exercise of the authority's powers, including, but not limited to, the powers with respect to the disposition, development, encumbrance, lease, sublease, or improvement of state property, are exclusive and are not subject to further approval, except as expressly provided in this chapter; and (14) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The board may, in the board's sole discretion, require that a board action be accomplished by rule. Otherwise, a board action may be accomplished by majority vote of the entire membership of the board.
(1) Adopt, amend, and repeal bylaws;
(2) Execute contracts;
(3) Subject to the approval of the commissioner of general services, employ individuals and create, combine, consolidate, or abolish divisions within the authority as the board deems necessary for the transaction of the authority's business;
(4) Retain third-party contractors and agents as the board deems necessary for the transaction of the authority's business and require or waive the bond of a contractor or agent as the board may deem appropriate. The engagement of outside legal counsel must comply with § 8-6-106 ;
(5) Enforce compliance with this chapter and the rules, policies, or land use regulations adopted pursuant to this chapter in a court of competent jurisdiction and seek any remedy available under applicable law or in equity;
(6) Own, acquire, purchase, option, convey, exchange, donate, sell, gift, rent, lease, improve, maintain, operate, and equip real and personal property, without the need for separate approval from another state agency, board, or commission, notwithstanding the requirements contained in § 12-2-112 . These powers include, but are not limited to, the power to: (A) Acquire, whether by purchase, exchange, gift, lease, or otherwise, and develop, improve, maintain, equip, and furnish one (1) or more projects, including, but not limited to, all real and personal property that the board may deem necessary in connection with the projects, regardless of whether or not such projects are then in existence; (B) Lease to others one (1) or more projects and, in the board's sole discretion, establish, charge, waive, and collect rent for the projects, and execute amendments to such leases, which amendments, among other things, may provide for extending the terms of such leases, amending or extending payments in lieu of taxes due under the leases, and amending or extending rents or other payments due under the leases, together with all other terms and conditions as the board may deem advisable. The authority may include in a lease or amendment an option for the lessee to purchase all or a portion of the project with or without consideration; (C) Sell to others one (1) or more projects for such payments and upon such terms and conditions as the board may deem advisable; (D) Develop, improve, and maintain the grounds within the megasite, including, but not limited to, construction and maintenance of roads and buildings, utilities, signage, trash removal, vegetation control, and landscaping; (E) Grant mortgages, deeds of trust, easements, or other encumbrances on all or a part of the megasite, including, but not limited to, subordinating this state's ownership interest in all or a part of the megasite; and (F) Have exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this chapter, except as otherwise expressly provided in this chapter and except as applied to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4;
(A) Acquire, whether by purchase, exchange, gift, lease, or otherwise, and develop, improve, maintain, equip, and furnish one (1) or more projects, including, but not limited to, all real and personal property that the board may deem necessary in connection with the projects, regardless of whether or not such projects are then in existence;
(B) Lease to others one (1) or more projects and, in the board's sole discretion, establish, charge, waive, and collect rent for the projects, and execute amendments to such leases, which amendments, among other things, may provide for extending the terms of such leases, amending or extending payments in lieu of taxes due under the leases, and amending or extending rents or other payments due under the leases, together with all other terms and conditions as the board may deem advisable. The authority may include in a lease or amendment an option for the lessee to purchase all or a portion of the project with or without consideration;
(C) Sell to others one (1) or more projects for such payments and upon such terms and conditions as the board may deem advisable;
(D) Develop, improve, and maintain the grounds within the megasite, including, but not limited to, construction and maintenance of roads and buildings, utilities, signage, trash removal, vegetation control, and landscaping;
(E) Grant mortgages, deeds of trust, easements, or other encumbrances on all or a part of the megasite, including, but not limited to, subordinating this state's ownership interest in all or a part of the megasite; and
(F) Have exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this chapter, except as otherwise expressly provided in this chapter and except as applied to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4;
(7) Accept and distribute grants and other incentives to induce projects to locate at or expand operations at the megasite or otherwise to further the purposes of this chapter;
(8) Have the exclusive authority to regulate land use, including the subdivision of property, located within the megasite;
(9) Enter into agreements with lessees of real and personal property located at the megasite regarding payments in lieu of ad valorem taxes and, at the authority's discretion, direct a lessee to make such payments in lieu of taxes directly to a municipality or county. A payment in lieu of taxes under such an agreement becomes and remains a first lien upon the fee interest in the leased property from January 1 of the year in which such payment in lieu of taxes is due. The authority and a municipality or county intended to receive such payment in lieu of taxes may each enforce such lien and obtain interest at ten percent (10%) per annum from the date due and reasonable attorneys' fees, by suit filed in a court of competent jurisdiction;
(10) Enter into agreements with local governments pursuant to title 12, chapter 9, regarding the provisions of governmental services to the megasite and the distribution to local governments of payments in lieu of ad valorem property taxes;
(11) Offer and provide water and wastewater services to customers located on the initial megasite property, together with all actions necessary or incidental to the provision of water and wastewater services, including the power to: (A) Plan, establish, develop, investigate, study, acquire, purchase, construct, equip, improve, repair, extend, maintain, and operate a water system or wastewater system within or outside the megasite boundary to serve the initial megasite property; (B) Buy, collect, store, process, treat, sell, transfer, dispose of, and distribute water and wastewater from, with, or to a county, municipality, utility district, this state or an agency thereof, the United States or an agency thereof, or a person, whether public or private; (C) Acquire and own each type of property, franchise, or asset, whether real, personal, or mixed, tangible or intangible, whether located within or without the boundaries of the initial megasite property, and sell, lease, exchange, or convey properties, facilities, and services for the purpose of operating a water system or wastewater system; (D) Establish and charge rates and set terms and conditions of service for the use of the water system or wastewater system and the sale of materials or commodities by the authority; (E) Use a right-of-way, easement, or other similar property right held by this state or a political subdivision of this state that is necessary or convenient in connection with a water system or wastewater system; provided, that this state or the political subdivision consents to such use; (F) Sell or otherwise dispose of all or a part of a water system or wastewater system; (G) Adopt and enforce a pretreatment program, as that term is defined in § 69-3-103 , pursuant to and in compliance with the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1, and rules promulgated by the board of water quality, oil, and gas; and (H) Operate a public water system, as that term is defined in § 68-221-703 , pursuant to and in compliance with title 68, chapter 221, part 7, and rules promulgated by the board of water quality, oil, and gas;
(A) Plan, establish, develop, investigate, study, acquire, purchase, construct, equip, improve, repair, extend, maintain, and operate a water system or wastewater system within or outside the megasite boundary to serve the initial megasite property;
(B) Buy, collect, store, process, treat, sell, transfer, dispose of, and distribute water and wastewater from, with, or to a county, municipality, utility district, this state or an agency thereof, the United States or an agency thereof, or a person, whether public or private;
(C) Acquire and own each type of property, franchise, or asset, whether real, personal, or mixed, tangible or intangible, whether located within or without the boundaries of the initial megasite property, and sell, lease, exchange, or convey properties, facilities, and services for the purpose of operating a water system or wastewater system;
(D) Establish and charge rates and set terms and conditions of service for the use of the water system or wastewater system and the sale of materials or commodities by the authority;
(E) Use a right-of-way, easement, or other similar property right held by this state or a political subdivision of this state that is necessary or convenient in connection with a water system or wastewater system; provided, that this state or the political subdivision consents to such use;
(F) Sell or otherwise dispose of all or a part of a water system or wastewater system;
(G) Adopt and enforce a pretreatment program, as that term is defined in § 69-3-103 , pursuant to and in compliance with the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1, and rules promulgated by the board of water quality, oil, and gas; and
(H) Operate a public water system, as that term is defined in § 68-221-703 , pursuant to and in compliance with title 68, chapter 221, part 7, and rules promulgated by the board of water quality, oil, and gas;
(12) Condemn land, a right in land, an easement, or a right-of-way as the board deems necessary for effectuating the purposes of this chapter, whether or not the condemned property interest is owned or held for public use by a person or persons having the power of eminent domain or otherwise held or used for public purposes. Condemnation by the authority must not interfere with a prior public use of the property interest that is being condemned. The power conferred in this subdivision (a)(12) may be exercised pursuant to any applicable statutory provision, now in force or later enacted, for the exercise of the power of eminent domain;
(13) Do and perform each and every act and thing and have and exercise each and every power that the board, in the board's sole discretion, deems necessary, convenient, or appropriate, to accomplish the purposes of this chapter. The inclusion of a specific power in this chapter does not limit the broad general powers granted to the authority. The exercise of the authority's powers, including, but not limited to, the powers with respect to the disposition, development, encumbrance, lease, sublease, or improvement of state property, are exclusive and are not subject to further approval, except as expressly provided in this chapter; and
(14) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The board may, in the board's sole discretion, require that a board action be accomplished by rule. Otherwise, a board action may be accomplished by majority vote of the entire membership of the board.
(b) Except as otherwise expressly provided in this chapter, and notwithstanding title 4, chapter 15, or any other law to the contrary, the powers of the authority are exclusively vested in the authority.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.
Tenn. Code Ann. § 64-1-1108 — TN Code / Title 64 / Chapter 1 / Section 64-1-1108
Cooperation from state agencies
Status: in_force

All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation of its program. Acts 1996, ch. 890, § 7.
All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation of its program.
Acts 1996, ch. 890, § 7.
Tenn. Code Ann. § 64-1-507 — TN Code / Title 64 / Chapter 1 / Section 64-1-507
Issuance of bonds - Securing of bonds
Status: in_force

(a) The agency is authorized and empowered to issue its bonds from time to time in an amount not to exceed a total of two million dollars ($2,000,000) outstanding at any time for the purpose of paying in whole or in part the cost of acquiring lands or interests in land and of constructing facilities and improvements on the land as authorized in this part. (b) The agency is authorized to secure such bonds by a pledge of all or any of the revenues that may come to the agency from any source, by a mortgage or deed of trust of the agency's land or any part thereof, including improvements thereon, or by a combination of the two (2). (c) The agency is also authorized to enter into such contracts and to make such covenants in the issuance of its bonds as may be necessary to assure the marketability of the bonds. Acts 1968, ch. 460, § 7; T.C.A., § 66-1-507.
(a) The agency is authorized and empowered to issue its bonds from time to time in an amount not to exceed a total of two million dollars ($2,000,000) outstanding at any time for the purpose of paying in whole or in part the cost of acquiring lands or interests in land and of constructing facilities and improvements on the land as authorized in this part.
(b) The agency is authorized to secure such bonds by a pledge of all or any of the revenues that may come to the agency from any source, by a mortgage or deed of trust of the agency's land or any part thereof, including improvements thereon, or by a combination of the two (2).
(c) The agency is also authorized to enter into such contracts and to make such covenants in the issuance of its bonds as may be necessary to assure the marketability of the bonds.
Acts 1968, ch. 460, § 7; T.C.A., § 66-1-507.
Tenn. Code Ann. § 64-2-113 — TN Code / Title 64 / Chapter 2 / Section 64-2-113
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 within the boundaries of the authority; 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 2005, ch. 396, § 14.
(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 within the boundaries of the authority; 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 within the boundaries of the authority; 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 2005, ch. 396, § 14.
Tenn. Code Ann. § 64-10-106 — TN Code / Title 64 / Chapter 10 / Section 64-10-106
Powers and duties
Status: in_force

(a) The authority has the following powers: (1) Perpetual succession in corporate name; (2) Sue and be sued in its name; (3) Adopt, use and alter a corporate seal, which shall be judicially noticed; (4) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part; (5) Adopt, amend and repeal bylaws; (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the authority; (7) Accept the transfer of grants, funds, assets and liabilities of the East Tennessee agribusiness authority upon the termination of the interlocal government cooperative agreement establishing such authority, in accordance with § 64-10-117 ; and (8) Enter into lease purchase agreements with private individuals, corporations, associations, and other organizations currently leasing property from the authority or wishing to establish a location on authority property. Any lease purchase agreement entered into under this subdivision (a)(8) must be approved by a two-thirds (2/3) majority vote of the board. (b) The board shall: (1) Approve an annual budget for the authority; (2) Adopt a purchasing policy and a personnel policy consistent with state and federal law; and (3) Adopt policies and procedures for fiscal control and accounting. (c) Without limiting the foregoing, the authority shall have the following powers with respect to a system: (1) To plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and to construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more systems within the region, including all real and personal property, facilities and appurtenances that the board of directors of the authority deems necessary in connection therewith and regardless of whether or not such system shall then be in existence; (2) To enter into agreements with any county, city or utility district for the orderly transfer of any part of the system of such county, city or utility district and, to the extent permitted by law and contract, to assume, to reimburse or to otherwise agree to pay outstanding obligations or liability of such county, city or utility district incurred to acquire, extend or equip the system; (3) To enter into agreements with any county, city or utility district to acquire by lease, gift, purchase or otherwise any system or property related to the system, of any county, city or utility district and operate such system separately or as a part of its system or enter into agreements with any county, city or utility district providing for the operation by the authority of a system, or any portion of the system, owned by any county, city or utility district; (4) To acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain, or otherwise, any and all types of property, franchises, assets and liabilities, whether real, personal or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances and to hold, sell, lease, exchange, donate or convey its property, facilities or services for the purpose of continuing operation of any system by the authority; (5) To collect and provide treatment for wastewater from, with or to any county, city, utility district, or other governmental unit of the state, or any agency thereof, or the United States, or any agency thereof, and to enter into contracts, agreements or other arrangements with any county, city, utility district, or other persons in connection therewith; provided, however, that the authority shall not enter into any agreement to collect or provide treatment for wastewater from any private person except with the prior consent of any county, city, utility district, or other governmental entity that is authorized to provide wastewater treatment services to such private person; (6) To make and enter into all contracts, trust instruments, agreements and other instruments with any county, city or utility district, the state, or agency thereof, the United States, or any agency thereof, or any person, including, without limitation, bonds, notes, loan agreements with the Tennessee local development authority or the Tennessee department of environment and conservation and other forms of indebtedness as if the authority were a local government as such term is defined in applicable statutes governing grants and loans, to construct, equip or extend the system and to enter into contracts for the management and operation of a system or any facilities or service of the authority for the treatment, processing, collection, distribution, storage, transfer or disposal of wastewater; (7) To incur debts, to borrow money, to issue bonds and to provide for the rights of the holders of such debts, notes, and bonds as provided in this part; (8) To apply for, accept and pledge donations, contributions, loans, guarantees, financial assistance, capital grants or gifts from any county, city or utility district, the state, or any agency thereof, the United States, or any agency thereof, or any person, whether public or private, for, or in aid of, the purposes of the authority and to enter into agreements in connection with such donations, contributions, loans, guarantees, financial assistance, capital grants or gifts; (9) To pledge all or any part of the revenues, receipts, donations, contributions, loans, guarantees, financial assistance, capital grants or gifts of the authority, to mortgage and pledge one (1) or more of its systems, or any part or parts thereof, whether owned at the time the pledge is entered into, or acquired after the pledge is entered into, and to assign and pledge all or any part of its interest in and rights under contracts and other instruments relating thereto as security for the payment of the principal, premium, if any and interest on bonds, notes or other obligations issued by the authority with respect to a system; (10) To have control of its systems, facilities and services with the right and duty to establish and charge rates, fees, rental, tolls, deposits and other charges for the use of the facilities and services of the authority and to collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds, notes or other obligations; (11) To enter onto any lands, waters and premises for the purposes of making surveys, soundings and examinations in and for the furtherance of the powers of the authority under this subsection (c); (12) To use any right-of-way, easement or other similar property right necessary or convenient in connection with a system held by the state or any political subdivision thereof; provided, that the state or the governing body of such political subdivision consents to such use; (13) To employ and pay compensation to such agents, including attorneys, accountants, engineers, architects and financial advisors, as the board deems necessary for the business of the authority; (14) To employ and pay compensation to such employees, including a general manager, who shall have such authority, duties and responsibilities as the board deems necessary; and (15) To procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any act of any member, officer or employee of the authority in the performance of the duties of the office or employment or any other insurance risk, including the payment of its bonds, notes or other obligations, as the board deems necessary. (d) The board may do all other things that are necessary or appropriate for carrying out the purposes of this part that are not prohibited to it by law or this part. Amended by 2019 Tenn. Acts, ch. 180, s 2, eff. 4/23/2019. Acts 1998, ch. 998, § 7; 2011 , ch. 419, § 4.
(a) The authority has the following powers: (1) Perpetual succession in corporate name; (2) Sue and be sued in its name; (3) Adopt, use and alter a corporate seal, which shall be judicially noticed; (4) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part; (5) Adopt, amend and repeal bylaws; (6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the authority; (7) Accept the transfer of grants, funds, assets and liabilities of the East Tennessee agribusiness authority upon the termination of the interlocal government cooperative agreement establishing such authority, in accordance with § 64-10-117 ; and (8) Enter into lease purchase agreements with private individuals, corporations, associations, and other organizations currently leasing property from the authority or wishing to establish a location on authority property. Any lease purchase agreement entered into under this subdivision (a)(8) must be approved by a two-thirds (2/3) majority vote of the board.
(1) Perpetual succession in corporate name;
(2) Sue and be sued in its name;
(3) Adopt, use and alter a corporate seal, which shall be judicially noticed;
(4) Enter into such contracts and cooperative agreements with the federal, state and local governments, with agencies of such governments, with private individuals, corporations, associations and other organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part;
(5) Adopt, amend and repeal bylaws;
(6) Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine. The salaries of any such employees may be paid out of such funds as may be available to the authority;
(7) Accept the transfer of grants, funds, assets and liabilities of the East Tennessee agribusiness authority upon the termination of the interlocal government cooperative agreement establishing such authority, in accordance with § 64-10-117 ; and
(8) Enter into lease purchase agreements with private individuals, corporations, associations, and other organizations currently leasing property from the authority or wishing to establish a location on authority property. Any lease purchase agreement entered into under this subdivision (a)(8) must be approved by a two-thirds (2/3) majority vote of the board.
(b) The board shall: (1) Approve an annual budget for the authority; (2) Adopt a purchasing policy and a personnel policy consistent with state and federal law; and (3) Adopt policies and procedures for fiscal control and accounting.
(1) Approve an annual budget for the authority;
(2) Adopt a purchasing policy and a personnel policy consistent with state and federal law; and
(3) Adopt policies and procedures for fiscal control and accounting.
(c) Without limiting the foregoing, the authority shall have the following powers with respect to a system: (1) To plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and to construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more systems within the region, including all real and personal property, facilities and appurtenances that the board of directors of the authority deems necessary in connection therewith and regardless of whether or not such system shall then be in existence; (2) To enter into agreements with any county, city or utility district for the orderly transfer of any part of the system of such county, city or utility district and, to the extent permitted by law and contract, to assume, to reimburse or to otherwise agree to pay outstanding obligations or liability of such county, city or utility district incurred to acquire, extend or equip the system; (3) To enter into agreements with any county, city or utility district to acquire by lease, gift, purchase or otherwise any system or property related to the system, of any county, city or utility district and operate such system separately or as a part of its system or enter into agreements with any county, city or utility district providing for the operation by the authority of a system, or any portion of the system, owned by any county, city or utility district; (4) To acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain, or otherwise, any and all types of property, franchises, assets and liabilities, whether real, personal or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances and to hold, sell, lease, exchange, donate or convey its property, facilities or services for the purpose of continuing operation of any system by the authority; (5) To collect and provide treatment for wastewater from, with or to any county, city, utility district, or other governmental unit of the state, or any agency thereof, or the United States, or any agency thereof, and to enter into contracts, agreements or other arrangements with any county, city, utility district, or other persons in connection therewith; provided, however, that the authority shall not enter into any agreement to collect or provide treatment for wastewater from any private person except with the prior consent of any county, city, utility district, or other governmental entity that is authorized to provide wastewater treatment services to such private person; (6) To make and enter into all contracts, trust instruments, agreements and other instruments with any county, city or utility district, the state, or agency thereof, the United States, or any agency thereof, or any person, including, without limitation, bonds, notes, loan agreements with the Tennessee local development authority or the Tennessee department of environment and conservation and other forms of indebtedness as if the authority were a local government as such term is defined in applicable statutes governing grants and loans, to construct, equip or extend the system and to enter into contracts for the management and operation of a system or any facilities or service of the authority for the treatment, processing, collection, distribution, storage, transfer or disposal of wastewater; (7) To incur debts, to borrow money, to issue bonds and to provide for the rights of the holders of such debts, notes, and bonds as provided in this part; (8) To apply for, accept and pledge donations, contributions, loans, guarantees, financial assistance, capital grants or gifts from any county, city or utility district, the state, or any agency thereof, the United States, or any agency thereof, or any person, whether public or private, for, or in aid of, the purposes of the authority and to enter into agreements in connection with such donations, contributions, loans, guarantees, financial assistance, capital grants or gifts; (9) To pledge all or any part of the revenues, receipts, donations, contributions, loans, guarantees, financial assistance, capital grants or gifts of the authority, to mortgage and pledge one (1) or more of its systems, or any part or parts thereof, whether owned at the time the pledge is entered into, or acquired after the pledge is entered into, and to assign and pledge all or any part of its interest in and rights under contracts and other instruments relating thereto as security for the payment of the principal, premium, if any and interest on bonds, notes or other obligations issued by the authority with respect to a system; (10) To have control of its systems, facilities and services with the right and duty to establish and charge rates, fees, rental, tolls, deposits and other charges for the use of the facilities and services of the authority and to collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds, notes or other obligations; (11) To enter onto any lands, waters and premises for the purposes of making surveys, soundings and examinations in and for the furtherance of the powers of the authority under this subsection (c); (12) To use any right-of-way, easement or other similar property right necessary or convenient in connection with a system held by the state or any political subdivision thereof; provided, that the state or the governing body of such political subdivision consents to such use; (13) To employ and pay compensation to such agents, including attorneys, accountants, engineers, architects and financial advisors, as the board deems necessary for the business of the authority; (14) To employ and pay compensation to such employees, including a general manager, who shall have such authority, duties and responsibilities as the board deems necessary; and (15) To procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any act of any member, officer or employee of the authority in the performance of the duties of the office or employment or any other insurance risk, including the payment of its bonds, notes or other obligations, as the board deems necessary.
(1) To plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and to construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more systems within the region, including all real and personal property, facilities and appurtenances that the board of directors of the authority deems necessary in connection therewith and regardless of whether or not such system shall then be in existence;
(2) To enter into agreements with any county, city or utility district for the orderly transfer of any part of the system of such county, city or utility district and, to the extent permitted by law and contract, to assume, to reimburse or to otherwise agree to pay outstanding obligations or liability of such county, city or utility district incurred to acquire, extend or equip the system;
(3) To enter into agreements with any county, city or utility district to acquire by lease, gift, purchase or otherwise any system or property related to the system, of any county, city or utility district and operate such system separately or as a part of its system or enter into agreements with any county, city or utility district providing for the operation by the authority of a system, or any portion of the system, owned by any county, city or utility district;
(4) To acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain, or otherwise, any and all types of property, franchises, assets and liabilities, whether real, personal or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances and to hold, sell, lease, exchange, donate or convey its property, facilities or services for the purpose of continuing operation of any system by the authority;
(5) To collect and provide treatment for wastewater from, with or to any county, city, utility district, or other governmental unit of the state, or any agency thereof, or the United States, or any agency thereof, and to enter into contracts, agreements or other arrangements with any county, city, utility district, or other persons in connection therewith; provided, however, that the authority shall not enter into any agreement to collect or provide treatment for wastewater from any private person except with the prior consent of any county, city, utility district, or other governmental entity that is authorized to provide wastewater treatment services to such private person;
(6) To make and enter into all contracts, trust instruments, agreements and other instruments with any county, city or utility district, the state, or agency thereof, the United States, or any agency thereof, or any person, including, without limitation, bonds, notes, loan agreements with the Tennessee local development authority or the Tennessee department of environment and conservation and other forms of indebtedness as if the authority were a local government as such term is defined in applicable statutes governing grants and loans, to construct, equip or extend the system and to enter into contracts for the management and operation of a system or any facilities or service of the authority for the treatment, processing, collection, distribution, storage, transfer or disposal of wastewater;
(7) To incur debts, to borrow money, to issue bonds and to provide for the rights of the holders of such debts, notes, and bonds as provided in this part;
(8) To apply for, accept and pledge donations, contributions, loans, guarantees, financial assistance, capital grants or gifts from any county, city or utility district, the state, or any agency thereof, the United States, or any agency thereof, or any person, whether public or private, for, or in aid of, the purposes of the authority and to enter into agreements in connection with such donations, contributions, loans, guarantees, financial assistance, capital grants or gifts;
(9) To pledge all or any part of the revenues, receipts, donations, contributions, loans, guarantees, financial assistance, capital grants or gifts of the authority, to mortgage and pledge one (1) or more of its systems, or any part or parts thereof, whether owned at the time the pledge is entered into, or acquired after the pledge is entered into, and to assign and pledge all or any part of its interest in and rights under contracts and other instruments relating thereto as security for the payment of the principal, premium, if any and interest on bonds, notes or other obligations issued by the authority with respect to a system;
(10) To have control of its systems, facilities and services with the right and duty to establish and charge rates, fees, rental, tolls, deposits and other charges for the use of the facilities and services of the authority and to collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds, notes or other obligations;
(11) To enter onto any lands, waters and premises for the purposes of making surveys, soundings and examinations in and for the furtherance of the powers of the authority under this subsection (c);
(12) To use any right-of-way, easement or other similar property right necessary or convenient in connection with a system held by the state or any political subdivision thereof; provided, that the state or the governing body of such political subdivision consents to such use;
(13) To employ and pay compensation to such agents, including attorneys, accountants, engineers, architects and financial advisors, as the board deems necessary for the business of the authority;
(14) To employ and pay compensation to such employees, including a general manager, who shall have such authority, duties and responsibilities as the board deems necessary; and
(15) To procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any act of any member, officer or employee of the authority in the performance of the duties of the office or employment or any other insurance risk, including the payment of its bonds, notes or other obligations, as the board deems necessary.
(d) The board may do all other things that are necessary or appropriate for carrying out the purposes of this part that are not prohibited to it by law or this part.
Amended by 2019 Tenn. Acts, ch. 180, s 2, eff. 4/23/2019.
Acts 1998, ch. 998, § 7; 2011 , ch. 419, § 4.
Tenn. Code Ann. § 64-2-406 — TN Code / Title 64 / Chapter 2 / Section 64-2-406
Powers and duties of directors
Status: in_force

(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions: (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-403 , and to make such properties and facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier, and to charge for their use and for any and all services performed by the authority; (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part; (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority; (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purpose of the authority; (5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority; (6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) Make all other contracts and execute all other instruments including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments; (7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render; (8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority; (9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and (10) Do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government. (b) Except as otherwise expressly provided in this part, the directors have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government. Acts 1983, ch. 302, §§ 5, 6.
(a) The directors have the following duties and powers and, in exercising such duties and powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions: (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-403 , and to make such properties and facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier, and to charge for their use and for any and all services performed by the authority; (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part; (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority; (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purpose of the authority; (5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority; (6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) Make all other contracts and execute all other instruments including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments; (7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render; (8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority; (9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and (10) Do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-403 , and to make such properties and facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier, and to charge for their use and for any and all services performed by the authority;
(2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part;
(3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority;
(4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the authority directors, is necessary or convenient to carry out the purpose of the authority;
(5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
(6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) Make all other contracts and execute all other instruments including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
(B) Make all other contracts and execute all other instruments including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and
(C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render;
(8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
(9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
(10) Do all acts and things necessary, or deemed necessary or convenient, to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
Acts 1983, ch. 302, §§ 5, 6.
Tenn. Code Ann. § 64-2-306 — TN Code / Title 64 / Chapter 2 / Section 64-2-306
Powers and duties of directors
Status: in_force

(a) The directors have the following duties and powers and, in exercising such duties and powers shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions: (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-303(a) and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority; (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part; (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority; (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the directors, is necessary or convenient to carry out the purpose of the authority; (5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority; (6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments; (7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render; (8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority; (9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and (10) Do all acts and things necessary or deemed necessary or convenient to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government. (b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 5, 6; T.C.A., § 66-2-306.
(a) The directors have the following duties and powers and, in exercising such duties and powers shall abide by all statutes, regulations and procedures to which counties must generally adhere in making such transactions: (1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-303(a) and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority; (2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part; (3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority; (4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the directors, is necessary or convenient to carry out the purpose of the authority; (5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority; (6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments; (7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render; (8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority; (9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and (10) Do all acts and things necessary or deemed necessary or convenient to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(1) Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve within the boundaries of the authority the properties and facilities described in § 64-2-303(a) and to make such properties and facilities available to any firm, person, public or private corporation or to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
(2) Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purpose of this part;
(3) Accept grants, loans or other financial assistance from any federal, state, county or municipal agency, or other aid for the acquisition or improvement of any of the facilities of the authority;
(4) Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, whether or not subject to mortgages, liens, charges or other encumbrances, for the authority, that, in the judgment of the directors, is necessary or convenient to carry out the purpose of the authority;
(5) Acquire property that is suitable for use by industries requiring access to any railroad track owned, operated or subsidized by the authority;
(6) (A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part; (B) Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and (C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(A) Make contracts and execute instruments containing such covenants, terms and conditions as, in the judgment of the directors, may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided in this part;
(B) Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part, and the full exercise of the powers granted in this section; and
(C) Carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(7) Establish schedules of tolls, fees, rates, charges and rentals for the use of the properties and facilities under its jurisdiction, and for services that it may render;
(8) Enter upon any lands and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities of the authority;
(9) Promulgate and enforce such rules and regulations as the board of directors may deem proper for the orderly administration of the authority and the efficient operation of its facilities; and
(10) Do all acts and things necessary or deemed necessary or convenient to carry out the powers expressly given in this part. This subdivision (a)(10) shall not be construed to authorize the directors, in doing all things necessary and convenient, to conduct the administrative and business affairs of the authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
(b) Except as otherwise expressly provided in this part, the directors shall have full and exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this part. The authority may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations. This subsection (b) shall not be construed to authorize the directors to exercise such authority in a manner inconsistent with the statutes, regulations and procedures governing such matters in county government.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 5, 6; T.C.A., § 66-2-306.
Tenn. Code Ann. § 64-7-105 — TN Code / Title 64 / Chapter 7 / Section 64-7-105
Uniform accounting system
Status: in_force

The regional council shall establish and maintain the uniform accounting system as developed by the comptroller of the treasury and approved by the commissioner of finance and administration in compliance with § 13-14-108 as they relate to development districts. Acts 1988, ch. 886, § 1.
The regional council shall establish and maintain the uniform accounting system as developed by the comptroller of the treasury and approved by the commissioner of finance and administration in compliance with § 13-14-108 as they relate to development districts.
Acts 1988, ch. 886, § 1.
Tenn. Code Ann. § 64-10-204 — TN Code / Title 64 / Chapter 10 / Section 64-10-204
Executive committee
Status: in_force

The board shall establish an executive committee consisting of the chair, vice chair, secretary, treasurer and the president of Roane State Community College or the president's designee, as an ex officio member. The executive committee is authorized to act on behalf of the board in the day-to-day operations of the authority. The executive committee shall meet at least monthly, either in person or by telephone conference, and make a full report to the board at its regular meetings. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
The board shall establish an executive committee consisting of the chair, vice chair, secretary, treasurer and the president of Roane State Community College or the president's designee, as an ex officio member. The executive committee is authorized to act on behalf of the board in the day-to-day operations of the authority. The executive committee shall meet at least monthly, either in person or by telephone conference, and make a full report to the board at its regular meetings.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-1-606 — TN Code / Title 64 / Chapter 1 / Section 64-1-606
Annual reports
Status: in_force

The board of directors of the agency shall report annually to the governor and shall likewise report annually to the governing bodies of the various counties, towns and incorporated municipalities of the area. Such reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year. Acts 1965, ch. 80, § 6; T.C.A., § 66-1-606.
The board of directors of the agency shall report annually to the governor and shall likewise report annually to the governing bodies of the various counties, towns and incorporated municipalities of the area. Such reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year.
Acts 1965, ch. 80, § 6; T.C.A., § 66-1-606.
Tenn. Code Ann. § 64-2-305 — TN Code / Title 64 / Chapter 2 / Section 64-2-305
Employees, professional staff and advisors
Status: in_force

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 4; T.C.A., § 66-2-305.
The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 4; T.C.A., § 66-2-305.
Tenn. Code Ann. § 64-7-108 — TN Code / Title 64 / Chapter 7 / Section 64-7-108
Requirements for appropriated funds
Status: in_force

Funds appropriated to implement this chapter are subject to the requirements of § 13-14-113 . Amended by 2022 Tenn. Acts, ch. 837, s 6, eff. 4/19/2022. Acts 1988, ch. 886, § 1.
Funds appropriated to implement this chapter are subject to the requirements of § 13-14-113 .
Amended by 2022 Tenn. Acts, ch. 837, s 6, eff. 4/19/2022.
Acts 1988, ch. 886, § 1.
Tenn. Code Ann. § 64-2-308 — TN Code / Title 64 / Chapter 2 / Section 64-2-308
Funds and funding
Status: in_force

The authority has the powers with respect to finance as follows and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters: (1) (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale; (B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in such lease or contract; (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority, and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof; (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes; (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable; (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes; (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes; (H) With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and (2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part. Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 8, 11; T.C.A., § 66-2-308; Acts 1989, ch. 403, § 8; 2005, ch. 396, § 16.
The authority has the powers with respect to finance as follows and, in exercising such powers, shall abide by all statutes, regulations and procedures to which counties must generally adhere in such matters:
(1) (A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale; (B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in such lease or contract; (C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority, and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof; (D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes; (E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable; (F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes; (G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes; (H) With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
(A) To borrow money for any of its corporate purposes and issue its bonds for its corporate purposes, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale;
(B) Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the properties. Any such fees, rents or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in such lease or contract;
(C) Any bonds issued pursuant to this part shall state on their face that they are payable as to principal and interest solely from revenues of the authority and shall not constitute a debt of the state or any political subdivision thereof other than the authority, and shall not constitute any indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither a director of the authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof;
(D) In case any of the directors or officers of the authority whose signatures appear on any bonds or coupons cease to be directors or officers after authorization but before delivery of the bonds, their signatures shall be valid and sufficient for all purposes;
(E) Any provision of the law to the contrary notwithstanding, any bonds issued pursuant to this part are fully negotiable;
(F) Any bond reciting in substance that it has been issued by the authority pursuant to this part and for a purpose or purposes authorized by this part shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this part and for such purpose or purposes;
(G) Obligations issued by the authority pursuant to this part are declared to be issued for an essential public and governmental purpose and shall be exempt from taxation by the state or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes;
(H) With respect to refunding bonds, title 9, chapter 21 applies; with respect to funding bonds, § 9-11-108 applies; and
(2) To receive funds from county or city governments for purposes of planning, the acquisition of properties and facilities and the construction, operation, management and maintenance of all properties and facilities, to which end such governments are authorized to provide funds for any of these purposes, upon grant or loan, and are empowered, but not required, to impose taxes to accomplish the purposes of this part.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 8, 11; T.C.A., § 66-2-308; Acts 1989, ch. 403, § 8; 2005, ch. 396, § 16.
Tenn. Code Ann. § 64-10-216 — TN Code / Title 64 / Chapter 10 / Section 64-10-216
Annual reports
Status: in_force

The board of directors of the authority shall report annually to the governing bodies of the various counties of the area. Such reports shall include a summary of all activities and accomplishments for the period, a copy of the annual audit prepared in accordance with § 64-10-213 , and the proposed plans for the next year. Added by 2013 Tenn. Acts, ch. 474, s 1, eff. 5/20/2013.
The board of directors of the authority shall report annually to the governing bodies of the various counties of the area. Such reports shall include a summary of all activities and accomplishments for the period, a copy of the annual audit prepared in accordance with § 64-10-213 , and the proposed plans for the next year.
Added by 2013 Tenn. Acts, ch. 474, s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-2-209 — TN Code / Title 64 / Chapter 2 / Section 64-2-209
Operating revenues
Status: in_force

(a) The revenues derived from the operation of the properties and facilities authorized, and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities, shall be applied and used as follows: (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; and (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government. (b) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the authority directors. (c) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government. Acts 1977, ch. 479, § 10; T.C.A., §§ 65-3109, 66-2-209.
(a) The revenues derived from the operation of the properties and facilities authorized, and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities, shall be applied and used as follows: (1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; and (2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government.
(1) The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose; and
(2) The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government.
(b) Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(c) Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.
Acts 1977, ch. 479, § 10; T.C.A., §§ 65-3109, 66-2-209.
Tenn. Code Ann. § 64-10-211 — TN Code / Title 64 / Chapter 10 / Section 64-10-211
Receipt of grants, appropriations and other contributions
Status: in_force

In addition to § 64-10-210 , the authority may receive grants, appropriations, other contributions of funds, and real or personal property, from the state of Tennessee, the federal government, any other governmental entity or any nonprofit organization, individuals, companies, or corporations. Added by 2013 Tenn. Acts, ch. 474, s 1, eff. 5/20/2013.
In addition to § 64-10-210 , the authority may receive grants, appropriations, other contributions of funds, and real or personal property, from the state of Tennessee, the federal government, any other governmental entity or any nonprofit organization, individuals, companies, or corporations.
Added by 2013 Tenn. Acts, ch. 474, s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-2-405 — TN Code / Title 64 / Chapter 2 / Section 64-2-405
Employees, professional staff and advisors
Status: in_force

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions. Acts 1983, ch. 302, § 4.
The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.
Acts 1983, ch. 302, § 4.
Tenn. Code Ann. § 64-10-201 — TN Code / Title 64 / Chapter 10 / Section 64-10-201
Creation - Purposes
Status: in_force

(a) The Cumberland regional business and agribusiness marketing authority is hereby created as a public body corporate and politic, referred to as the "authority" in this part. The authority is a public and governmental body acting as an agent and instrumentality of the counties with respect to which the authority is organized. As such, all property of the authority, both real and personal, is exempt from all local, state and federal taxation. (b) The acquisition, operating and financing of the authority and related purposes are hereby declared to be for public and governmental purposes and a matter of public necessity to further the economy and growth of the business and agricultural industry of the region. (c) The purposes of the Cumberland regional business and agribusiness marketing authority are to: (1) Create a business support process that accelerates the successful development of start-up and fledgling companies by providing entrepreneurs with an array of targeted resources and services; (2) Have the authority to establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products, and to provide the citizens of the region and other buyers a convenient place to purchase these products; and (3) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining support for small business incubators for the region through the establishment of a pilot program for such purposes. Amended by 2014 Tenn. Acts, ch. 812,s 2, eff. 4/25/2014. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
(a) The Cumberland regional business and agribusiness marketing authority is hereby created as a public body corporate and politic, referred to as the "authority" in this part. The authority is a public and governmental body acting as an agent and instrumentality of the counties with respect to which the authority is organized. As such, all property of the authority, both real and personal, is exempt from all local, state and federal taxation.
(b) The acquisition, operating and financing of the authority and related purposes are hereby declared to be for public and governmental purposes and a matter of public necessity to further the economy and growth of the business and agricultural industry of the region.
(c) The purposes of the Cumberland regional business and agribusiness marketing authority are to: (1) Create a business support process that accelerates the successful development of start-up and fledgling companies by providing entrepreneurs with an array of targeted resources and services; (2) Have the authority to establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products, and to provide the citizens of the region and other buyers a convenient place to purchase these products; and (3) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining support for small business incubators for the region through the establishment of a pilot program for such purposes.
(1) Create a business support process that accelerates the successful development of start-up and fledgling companies by providing entrepreneurs with an array of targeted resources and services;
(2) Have the authority to establish and operate a market for agricultural products of the region through a food distribution center, to provide farmers of the region with a ready market for agricultural products, and to provide the citizens of the region and other buyers a convenient place to purchase these products; and
(3) Further the economy and growth of the region served by the authority by planning, acquiring, constructing, improving, extending, furnishing, equipping, financing, owning, operating and maintaining support for small business incubators for the region through the establishment of a pilot program for such purposes.
Amended by 2014 Tenn. Acts, ch. 812,s 2, eff. 4/25/2014.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-2-205 — TN Code / Title 64 / Chapter 2 / Section 64-2-205
Employees, professional staff and advisors
Status: in_force

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions. Acts 1977, ch. 479, § 4; T.C.A., §§ 65-3105, 66-2-205.
The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.
Acts 1977, ch. 479, § 4; T.C.A., §§ 65-3105, 66-2-205.
Tenn. Code Ann. § 64-1-701 — TN Code / Title 64 / Chapter 1 / Section 64-1-701
Creation - Purposes - Declaration of public function
Status: in_force

(a) There is hereby created and established the Tellico Reservoir development agency, being a public body corporate and politic, referred to as the "agency" in this part. (b) The agency is created for the purpose of developing and effectuating plans and programs for the comprehensive development of, acquiring, operating, managing, selling, leasing and the development of all or a portion of the lands lying within the Tennessee Valley authority Tellico Reservoir project area, as shown on the official tract maps of the Tennessee Valley authority, and such contiguous lands as may be acquired by or transferred to the agency within the watershed of the Little Tennessee River, including portions of Monroe, Loudon and Blount counties, referred to as "development lands" in this part, all in accordance with the public purposes for which the Tellico Reservoir project was established and developed. (c) The development, management and operation of lands and facilities within the development lands set forth in subsection (b) by the agency are declared to be essentially public and governmental functions. The powers and authorities granted in connection therewith are declared to be public and corporate purposes and matters of public necessity. Acts 1982, ch. 679, § 2.
(a) There is hereby created and established the Tellico Reservoir development agency, being a public body corporate and politic, referred to as the "agency" in this part.
(b) The agency is created for the purpose of developing and effectuating plans and programs for the comprehensive development of, acquiring, operating, managing, selling, leasing and the development of all or a portion of the lands lying within the Tennessee Valley authority Tellico Reservoir project area, as shown on the official tract maps of the Tennessee Valley authority, and such contiguous lands as may be acquired by or transferred to the agency within the watershed of the Little Tennessee River, including portions of Monroe, Loudon and Blount counties, referred to as "development lands" in this part, all in accordance with the public purposes for which the Tellico Reservoir project was established and developed.
(c) The development, management and operation of lands and facilities within the development lands set forth in subsection (b) by the agency are declared to be essentially public and governmental functions. The powers and authorities granted in connection therewith are declared to be public and corporate purposes and matters of public necessity.
Acts 1982, ch. 679, § 2.
Tenn. Code Ann. § 64-8-205 — TN Code / Title 64 / Chapter 8 / Section 64-8-205
Employment of personnel or contracting for services
Status: in_force

The board may employ such personnel or contract for professional planning, engineering, management, operating, and support services as it may deem necessary from funds available to it. The board may also utilize services or assistance including the loan of personnel from any member county or municipality, public transit agency, metropolitan planning organization, rural planning organization, regional council of governments, development district or state agency or department. Acts 2009, ch. 362, § 1.
The board may employ such personnel or contract for professional planning, engineering, management, operating, and support services as it may deem necessary from funds available to it. The board may also utilize services or assistance including the loan of personnel from any member county or municipality, public transit agency, metropolitan planning organization, rural planning organization, regional council of governments, development district or state agency or department.
Acts 2009, ch. 362, § 1.
Tenn. Code Ann. § 64-6-107 — TN Code / Title 64 / Chapter 6 / Section 64-6-107
Exemption from taxation - Payments in lieu of taxes
Status: in_force

(a) (1) The authority is declared to be performing a public function on behalf of the participating municipalities and to be a public instrumentality of the municipalities. Accordingly, the authority and all properties at any time owned by the authority, the income and revenues from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all taxation in the state. (2) For purposes of the Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state. (b) (1) A participating municipality in which a portion of a megasite is located may delegate to the authority the power to negotiate and enter into, with an authority's lessees, payments in lieu of ad valorem taxes; provided, that the authorization shall be granted only upon a finding that the payments are deemed to be in furtherance of the authority's public purposes as defined in this chapter. No contract, lease, understanding, or other agreement of any kind, including any renewal or extension of the agreement, entered into by the authority to which such power has been delegated shall permit payment in lieu of taxes to be waived or otherwise not assessed for a period of greater than twenty (20) years from the date of the contract, lease, understanding or other agreement, unless both the commissioner of economic and community development and the comptroller of the treasury have made a written determination that the agreement is in the best interest of the state. The authority shall attach to each agreement an analysis of the costs and benefits of the agreement, in such manner and under such conditions as shall be prescribed by the commissioner of economic and community development or the commissioner's designee. The legislative body of a participating municipality making the delegation may, in its sole discretion, require the authority to submit any such agreement to the applicable legislative body for its approval. (2) If the project is located within the corporate limits of a municipality, then payments shall be shared between the incorporated municipality and the county in which the megasite is located, proportionate to their property tax levies in effect on the date of execution of the agreement for payments in lieu of taxes. (3) The trustee shall bill and collect all payments in lieu of taxes based on the agreement and the apportioned taxes. (c) An agreement for payment in lieu of taxes shall contain such terms and conditions as the authority may determine, which may include, but shall not be limited to, provisions to: (1) Defer and subordinate or defer or subordinate payment of all or a portion of the payment in lieu of taxes to such future time as the authority may determine; and (2) Require interest to accrue on such deferred amount. (d) (1) Before October 1 of each year, each lessee of the authority shall submit to the state board of equalization an annual report containing: (A) A list of all the real and personal property owned by the authority and its associated entities and subsidiaries; (B) The value of each listed property as estimated by the lessee; (C) The date and term of the lease for each listed property; (D) The amount of payments made in lieu of property taxes for each listed property; (E) The date each listed property is scheduled to return to the regular tax rolls; and (F) A calculation of the taxes that would have been due for each listed property if the properties were privately owned or otherwise subject to taxation. (2) Each lessee of the authority shall be responsible for the timely completion and filing of the report and failure to timely complete and file the report shall subject the lessees to a penalty; provided, that no lessee shall be liable that has provided the state board of equalization with the information required by this section insofar as may be pertinent to property leased by the lessee from the authority. The penalty for late filing shall be fifty dollars ($50.00) for each day the report is late up to a maximum of five hundred dollars ($500), and the maximum penalty shall accrue interest at the rate of one and one-half percent (1.5%) per month, plus any cost of collection. Acts 2007, ch. 426, § 1.
(a) (1) The authority is declared to be performing a public function on behalf of the participating municipalities and to be a public instrumentality of the municipalities. Accordingly, the authority and all properties at any time owned by the authority, the income and revenues from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all taxation in the state. (2) For purposes of the Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(1) The authority is declared to be performing a public function on behalf of the participating municipalities and to be a public instrumentality of the municipalities. Accordingly, the authority and all properties at any time owned by the authority, the income and revenues from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all taxation in the state.
(2) For purposes of the Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(b) (1) A participating municipality in which a portion of a megasite is located may delegate to the authority the power to negotiate and enter into, with an authority's lessees, payments in lieu of ad valorem taxes; provided, that the authorization shall be granted only upon a finding that the payments are deemed to be in furtherance of the authority's public purposes as defined in this chapter. No contract, lease, understanding, or other agreement of any kind, including any renewal or extension of the agreement, entered into by the authority to which such power has been delegated shall permit payment in lieu of taxes to be waived or otherwise not assessed for a period of greater than twenty (20) years from the date of the contract, lease, understanding or other agreement, unless both the commissioner of economic and community development and the comptroller of the treasury have made a written determination that the agreement is in the best interest of the state. The authority shall attach to each agreement an analysis of the costs and benefits of the agreement, in such manner and under such conditions as shall be prescribed by the commissioner of economic and community development or the commissioner's designee. The legislative body of a participating municipality making the delegation may, in its sole discretion, require the authority to submit any such agreement to the applicable legislative body for its approval. (2) If the project is located within the corporate limits of a municipality, then payments shall be shared between the incorporated municipality and the county in which the megasite is located, proportionate to their property tax levies in effect on the date of execution of the agreement for payments in lieu of taxes. (3) The trustee shall bill and collect all payments in lieu of taxes based on the agreement and the apportioned taxes.
(1) A participating municipality in which a portion of a megasite is located may delegate to the authority the power to negotiate and enter into, with an authority's lessees, payments in lieu of ad valorem taxes; provided, that the authorization shall be granted only upon a finding that the payments are deemed to be in furtherance of the authority's public purposes as defined in this chapter. No contract, lease, understanding, or other agreement of any kind, including any renewal or extension of the agreement, entered into by the authority to which such power has been delegated shall permit payment in lieu of taxes to be waived or otherwise not assessed for a period of greater than twenty (20) years from the date of the contract, lease, understanding or other agreement, unless both the commissioner of economic and community development and the comptroller of the treasury have made a written determination that the agreement is in the best interest of the state. The authority shall attach to each agreement an analysis of the costs and benefits of the agreement, in such manner and under such conditions as shall be prescribed by the commissioner of economic and community development or the commissioner's designee. The legislative body of a participating municipality making the delegation may, in its sole discretion, require the authority to submit any such agreement to the applicable legislative body for its approval.
(2) If the project is located within the corporate limits of a municipality, then payments shall be shared between the incorporated municipality and the county in which the megasite is located, proportionate to their property tax levies in effect on the date of execution of the agreement for payments in lieu of taxes.
(3) The trustee shall bill and collect all payments in lieu of taxes based on the agreement and the apportioned taxes.
(c) An agreement for payment in lieu of taxes shall contain such terms and conditions as the authority may determine, which may include, but shall not be limited to, provisions to: (1) Defer and subordinate or defer or subordinate payment of all or a portion of the payment in lieu of taxes to such future time as the authority may determine; and (2) Require interest to accrue on such deferred amount.
(1) Defer and subordinate or defer or subordinate payment of all or a portion of the payment in lieu of taxes to such future time as the authority may determine; and
(2) Require interest to accrue on such deferred amount.
(d) (1) Before October 1 of each year, each lessee of the authority shall submit to the state board of equalization an annual report containing: (A) A list of all the real and personal property owned by the authority and its associated entities and subsidiaries; (B) The value of each listed property as estimated by the lessee; (C) The date and term of the lease for each listed property; (D) The amount of payments made in lieu of property taxes for each listed property; (E) The date each listed property is scheduled to return to the regular tax rolls; and (F) A calculation of the taxes that would have been due for each listed property if the properties were privately owned or otherwise subject to taxation. (2) Each lessee of the authority shall be responsible for the timely completion and filing of the report and failure to timely complete and file the report shall subject the lessees to a penalty; provided, that no lessee shall be liable that has provided the state board of equalization with the information required by this section insofar as may be pertinent to property leased by the lessee from the authority. The penalty for late filing shall be fifty dollars ($50.00) for each day the report is late up to a maximum of five hundred dollars ($500), and the maximum penalty shall accrue interest at the rate of one and one-half percent (1.5%) per month, plus any cost of collection.
(1) Before October 1 of each year, each lessee of the authority shall submit to the state board of equalization an annual report containing: (A) A list of all the real and personal property owned by the authority and its associated entities and subsidiaries; (B) The value of each listed property as estimated by the lessee; (C) The date and term of the lease for each listed property; (D) The amount of payments made in lieu of property taxes for each listed property; (E) The date each listed property is scheduled to return to the regular tax rolls; and (F) A calculation of the taxes that would have been due for each listed property if the properties were privately owned or otherwise subject to taxation.
(A) A list of all the real and personal property owned by the authority and its associated entities and subsidiaries;
(B) The value of each listed property as estimated by the lessee;
(C) The date and term of the lease for each listed property;
(D) The amount of payments made in lieu of property taxes for each listed property;
(E) The date each listed property is scheduled to return to the regular tax rolls; and
(F) A calculation of the taxes that would have been due for each listed property if the properties were privately owned or otherwise subject to taxation.
(2) Each lessee of the authority shall be responsible for the timely completion and filing of the report and failure to timely complete and file the report shall subject the lessees to a penalty; provided, that no lessee shall be liable that has provided the state board of equalization with the information required by this section insofar as may be pertinent to property leased by the lessee from the authority. The penalty for late filing shall be fifty dollars ($50.00) for each day the report is late up to a maximum of five hundred dollars ($500), and the maximum penalty shall accrue interest at the rate of one and one-half percent (1.5%) per month, plus any cost of collection.
Acts 2007, ch. 426, § 1.
Tenn. Code Ann. § 64-10-214 — TN Code / Title 64 / Chapter 10 / Section 64-10-214
Obsolete or surplus property - Disposal
Status: in_force

The board may direct the disposal of the authority's obsolete or surplus property, except for land purchased under the state's grant agreement, contract number 100/005-01-91, executed May 23, 1991, and any improvements thereon, which shall immediately be offered, at no cost, to the state. Any disposal of interest in land or improvements to real property purchased pursuant to the abovementioned grant agreement shall receive prior approval of the state building commission. Such disposal shall comply with the general law applicable to counties' sound business practices. Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
The board may direct the disposal of the authority's obsolete or surplus property, except for land purchased under the state's grant agreement, contract number 100/005-01-91, executed May 23, 1991, and any improvements thereon, which shall immediately be offered, at no cost, to the state. Any disposal of interest in land or improvements to real property purchased pursuant to the abovementioned grant agreement shall receive prior approval of the state building commission. Such disposal shall comply with the general law applicable to counties' sound business practices.
Added by 2013 Tenn. Acts, ch. 474,s 1, eff. 5/20/2013.
Tenn. Code Ann. § 64-2-101 — TN Code / Title 64 / Chapter 2 / Section 64-2-101
Creation - Purpose
Status: in_force

(a) There is hereby created the North East Tennessee railroad authority in the counties of Anderson, Campbell and Scott. (b) This authority is intended to secure economic benefits to the counties of Anderson, Campbell and Scott, by providing for the continuation of railroad service in Anderson, Campbell and Scott counties. Acts 2005, ch. 396, § 2.
(a) There is hereby created the North East Tennessee railroad authority in the counties of Anderson, Campbell and Scott.
(b) This authority is intended to secure economic benefits to the counties of Anderson, Campbell and Scott, by providing for the continuation of railroad service in Anderson, Campbell and Scott counties.
Acts 2005, ch. 396, § 2.