reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-916 - Multi-county districts - Monthly settlements by trustees

Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to make monthly settlement with the county mayor of the county in which the district was organized, as provided by §
69-5-915
; provided, that all cash collections shall be paid to the trustee of the county in which the district was organized to be placed to the credit of the drainage district as now provided by law.
Acts 1935, ch. 159, § 2; C. Supp. 1950, § 4292.6 (Williams, § 4244.2); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1416; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-916.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-917 - Disposition of receipts - Maintenance or administration certificates

After each monthly settlement has been filed and approved as provided in §§
69-5-915
and
69-5-916
, the board of directors of the drainage district shall ascertain what part or portion of the money, bonds, coupons, or credit memorandums were received for the preceding month, or prior to that time, on the maintenance or administration assessments, or both, and when so ascertained it shall certify the amount thereof to the county mayor, and the county legislative body is hereby given jurisdiction and authority, upon application of the board of directors, to make such disposition thereof as may seem just and equitable for the benefit and protection of the district and bondholders. The county legislative body may authorize the directors to issue and sell transferable maintenance or administration certificates, or both, against that portion or part of the bonds, coupons or credit memorandums belonging to the maintenance or administration fund as so ascertained by the directors and reported to the county mayor. The certificates, when so authorized, issued and sold, may be tendered to the trustee in settlement of drainage assessments of the district, and it is the duty of the trustee, to whom tender is made, to receive such certificates at face value in the same manner as now provided by law for paying assessments with coupons or bonds, or both.
Acts 1935, ch. 159, §3; C. Supp. 1950, § 4292.7 (Williams, § 4244.3); impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §70-1417; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-917.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-918 - Lien of maintenance or administration certificates

The maintenance or administration certificates, or both, when issued as provided in this part, shall constitute the same lien on the lands in the district, upon which assessments remain unpaid, as the unpaid coupons and bonds, and may be enforced in the same manner as now provided by law for enforcement of the lien of the coupons or bonds, or both.
Acts 1935, ch. 159, § 4; C. Supp. 1950, § 4292.8 (Williams, § 4244.4); T.C.A. (orig. ed.), § 70-1418; T.C.A. § 69-6-918.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-919 - Proceeds from sale of maintenance or administration certificates

All funds received from sale of the maintenance or administration certificates, or both, shall be paid to the trustee and placed to the credit of the maintenance and administration fund, to be paid out on warrants as now provided by law.
Acts 1935, ch. 159, § 5; C. Supp. 1950, § 4292.9 (Williams, § 4244.5); T.C.A. (orig. ed.), § 70-1419; T.C.A. § 69-6-919.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-920 - Refunding bonds authorized - Terms

For the general purpose of refunding all or any part of the bonded indebtedness, now or hereafter outstanding, of any drainage or levee district now or hereafter organized and existing under any law of this state, whenever in the judgment of the county legislative body of the county in which any such district was organized, it is advisable and for the best interest of the landowners of any such district, or whenever such district is or hereafter shall become unable to pay all or any part of the principal and interest or either the principal or interest of or on its outstanding bonded indebtedness, the county legislative body may issue refunding bonds of such district in an amount that shall not exceed in the aggregate the amount of bonds to be refunded, and the accrued interest on the bonds. Such refunding bonds shall be of such denomination or denominations, shall mature at such time or times, not exceeding forty (40) years from their date, and in such manner, amount or amounts, shall be payable at such place or places, and shall bear such rate of interest payable annually or semiannually as the county legislative body may determine. Such refunding bonds may be exchanged for the bonds to be refunded upon consent of the holders of the bonds, or may be sold at such price and in such manner as the county legislative body may determine. Any expense resulting from the sale or issuance of such refunding bonds may be paid out of any available funds of the district. If the outstanding bonds have not matured, they may be refunded only with the consent of the holder or holders of the bonds, which consent shall be sufficiently evidenced by the surrender of the bonds to be refunded. Such refunding bonds shall be signed by the county mayor and countersigned by the county clerk, under the seal of the county or the seal of such clerk, and the interest coupons attached to the bonds shall be executed by the lithographed facsimile signature of the officials.
Acts 1935, ch. 51, § 1; C. Supp. 1950, § 4341.1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; Acts 1980, ch. 601, § 25; T.C.A. (orig. ed.), §70-1420; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-920.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-921 - Petition for issuance of refunding bonds

The county legislative body has the authority to issue refunding bonds as provided for in this part, upon the filing with the county legislative body of a petition duly authorized and signed by the board of directors of the district whose outstanding bonds are desired to be refunded. The petition, among other appropriate recitals, shall set forth a description of the outstanding bonds proposed to be refunded, the reason for such refunding, whether or not the holders of the outstanding bonds have consented to the refunding of the bonds, the amount of refunding bonds proposed to be issued, including the proposed date or dates when such refunding bonds are to mature. The petition shall request the county legislative body, upon the giving of the notice and upon the holding of the hearing provided for in §
69-5-924
, to direct the issuance of such refunding bonds and to provide for the levy of taxes for the payment of the refunding bonds and the interest on the refunding bonds.
Acts 1935, ch. 51, § 2; 1935, ch. 78, § 1; C. Supp. 1950, §4341.2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1421; T.C.A. § 69-6-921.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-923 - Refunding bonds - Petition and notice in multi-county districts

Where a district lies in more than one (1) county, the petition for issuance of refunding bonds shall be filed with the county legislative body of the county where the greater part of the lands of the district are situated, which the legislative body shall have full jurisdiction for the purposes of §§
69-5-920
- 69-5-927. The notice provided for in §
69-5-922
shall, in such case, be published in one (1) newspaper published and having general circulation in each county where lands of the district are situated, and also by the posting of a copy of such notice in a conspicuous place at each court house in each such county. In the event there should be no newspaper published and of general circulation in any such county, then the aforementioned notice shall be given by posting not less than five (5) copies of the notice in five (5) public places in such county, and by posting at the court house as provided in this section.
Acts 1935, ch. 51, § 4; C. Supp. 1950, § 4341.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1423; T.C.A. § 69-6-923.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-924 - Hearing - Remonstrance

At the time of the hearing provided for in §
69-5-922
, the county legislative body shall hear and dispose of all objections in a summary manner and its disposition of the objections shall be final and conclusive on all parties. In the event a remonstrance or remonstrances against the issuance of refunding bonds be filed with the county legislative body on or prior to the date set for such hearing, signed by sixty percent (60%) or more of the landowners owning sixty percent (60%) or more of the aggregate acreage of land within the district, then the county legislative body shall enter an order denying and dismissing the petition of the board of directors for the issuance of refunding bonds.
Acts 1935, ch. 51, § 5; 1935, ch. 78, § 3; C. Supp. 1950, §4341.5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1424; T.C.A. § 69-6-924.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-925 - Refunding bonds - Release of landowner from assessment

Upon the entry by the county legislative body of an order providing for the issuance of refunding bonds of any such district, any landowner in the district shall have the right at any time within two (2) weeks from and after the entry of such order, within which to pay the full amount of the principal tax or assessment chargeable to that landowner's land or any tract of the landowner's land, for the payment of the bonds proposed to be refunded, and any tract on which such tax or assessment shall be so paid shall thereupon be released from any tax or assessment for the payment of the refunding bonds so authorized to be issued, but shall remain subject to such other or additional taxes, if any, as may be levied pursuant to law.
Acts 1935, ch. 51, § 6; C. Supp. 1950, § 4341.6; T.C.A. (orig. ed.), § 70-1425; T.C.A. § 69-6-925.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-926 - Refunding bonds - Extended assessments

Upon the issuance of refunding bonds as provided for in §§
69-5-920
- 69-5-927, the time of payment of the subsequently accruing original annual installments of taxes shall be extended, and the taxes shall become due and payable in such greater number of annual installments and in such respective amounts as the county legislative body, in its order directing the issuance of refunding bonds, shall direct. And the county legislative body shall direct the county clerk to prepare and to certify a new drainage assessment book showing such extended assessments and to file the same with the county trustee, or with the respective county trustees in the event the district should embrace lands in more than one (1) county. The taxes shall be collected and the payment of the taxes enforced at the same time and in the same manner as is now provided by law for the collection and enforcement of payment of drainage taxes. It is the duty of the county legislative body in fixing the respective annual installments of the extended assessments to provide for the collection annually of amounts sufficient to provide for the payment of such refunding bonds and the accruing interest on the bonds.
Acts 1935, ch. 51, § 7; C. Supp. 1950, § 4341.7; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-1426; T.C.A. § 69-6-926.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-927 - Refunding bonds - Powers conferred on board of directors

No proceedings shall be required for the issuance of refunding bonds of drainage or levee districts other than those provided by §§
69-5-920
- 69-5-927, and all powers necessary to be exercised by the board of directors of any drainage or levee district or by the county legislative body in order to carry out those sections are hereby conferred.
Acts 1935, ch. 51, § 9; C. Supp. 1950, § 4341.9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1428; T.C.A. § 69-6-927.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-928 - Borrowing money to pay bonds and interest

If in any year, on account of the delinquent assessments, and the incidental delay in enforcing their collection, the funds are insufficient to pay the bonds and interest, or bonds or interest maturing for payment in that year, the board of directors of the district has the power to borrow the necessary money to make up the deficiency and prevent default, and may make a note or notes, in the name of the drainage district, or drainage and levee district, signed by the board officially. For security, the board may pledge or bind, for the payment of the note or notes, the delinquent, or unpaid assessment, for the particular year. The delinquent assessments, when collected, shall constitute a fund for the payment of the money borrowed. The amount so borrowed by the board of directors shall be paid to the trustee of the county to be used by the trustee as other funds are used in the payment of the bonds and interest maturing.
Acts 1915, ch. 63, §4; Shan., § 3871a134; Code 1932, § 4366; T.C.A. (orig. ed.), § 70-1429; T.C.A. § 69-6-928.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-929 - Appointment of receiver for defaulting drainage district

When any bond or interest coupon of any bond, issued by any district within the state has been past due for two (2) years, and payment has been demanded by the holder of any such at the place designated for payment in such instrument, and also to the chair of the board of directors of any such district, such holder of any bond, or interest coupon on any such bond, has the right to make application to any court of competent jurisdiction within the county or counties of the district for the appointment of a receiver for the defaulting district, and it is the duty of the court, upon presentation of a petition properly verified, to appoint a receiver in such case to collect the assessments and taxes due any such district.
Acts 1909, ch. 185, § 34b, as added by Acts 1923, ch. 73, § 3; Shan. Supp., § 3871a135b2; mod. Code 1932, § 4369; T.C.A. (orig. ed.), § 70-1430; T.C.A. § 69-6-929.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-930 - Powers of receiver - Removal and appointment of another

Any receiver appointed pursuant to §
69-5-929
shall have the power to institute suits for the collection of delinquent assessments in the same manner as the district itself would have had and with the same effect and to do all things necessary to collect delinquent assessments or other debts due the district. Such receiver shall first pay all costs out of the assessments as soon as collected, and shall then prorate the remainder to the payment of bonds and coupons then due. The receiver shall be under the jurisdiction and control of the court appointing the receiver, and shall have power to proceed in any court of competent jurisdiction where it is necessary to enforce any lien against any land within the district. The court shall have the power to discharge the receiver at any time and appoint another receiver, and when all bonds and interest coupons overdue have been paid, the receiver shall be discharged. The receiver shall have further authority to give a deed and pass good title to any lands in the district that may be advertised for sale and sold for delinquent taxes, subject only to the rights of the owner of the lands to redeem the land within two (2) years from the date of the sale, on payment of the amount paid by the purchaser for the land, with legal interest on the amount paid, to the date of redemption. Any person owning an undivided interest or any specific portion thereof or any part of any tract or tracts of land that is assessed for drainage sums assessed to another shall receive receipt in full for that person's taxes on paying such portion of the taxes as the claims of the property or such proportion of the taxes as that person's quantity of the property bears to the whole quantity taxed.
Acts 1909, ch. 185, § 34b, as added by Acts 1923, ch. 73, § 3; Shan. Supp., § 3871a135b3; mod. Code 1932, § 4370; T.C.A. (orig. ed.), § 70-1431; T.C.A. § 69-6-930.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 9 - BOND ISSUES AND WARRANTS (§§ 69-5-901 — 69-5-931) › Section 69-5-931 - County trustee's compensation

The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one half of one percent (0.5%) for receiving the same, and one half of one percent (0.5%) for paying out the same. The trustee shall pay over to the trustee's successor in office any of the moneys and funds remaining in the trustee's hands at the expiration of the trustee's term of office, when the successor trustee has executed bond, as provided by §
69-5-908
. It is the duty of such succeeding trustee to execute such bond, and for failure to do so, the succeeding trustee shall be liable to the penalties provided by §
69-5-908
. Whichever trustee actually disburses the funds so arising from the sale of bonds or warrants shall be entitled to the commission of one half of one percent (0.5%); provided, that the succeeding trustee shall not be entitled to any commissions for receiving such funds from the predecessor trustee.
Acts 1913 (1st Ex. Sess.), ch. 25, § 12; Shan., § 3871a140; Code 1932, §4375; T.C.A. (orig. ed.), § 70-1432; T.C.A. § 69-6-931.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 10 - MULTI-COUNTY DISTRICTS GENERALLY (§§ 69-5-1001 — 69-5-1006) › Section 69-5-1001 - Application by petitions - Engineer - Viewers

(a)
Where a proposed or desired improvement will require a location in more than one (1) county, applications by petition shall be made to the county court of each of the counties as provided by part 1 of this chapter for applications where the improvement to be made lies wholly in one (1) county, and signed by one (1) or more persons owning lands lying in each county to be affected, or assessed for the proposed improvement.
(b)
When such petitions have been filed, the county court of the county in which the larger or largest percent of the lands to be affected by such improvement lies shall appoint a competent engineer to make survey, of such proposed improvement district in the same manner as when the proposed improvement lies wholly in one (1) county, and such engineer shall proceed in the same manner as when the improvement lies wholly in one (1) county, and the engineer shall make out duplicate reports of the survey and work and file one (1) with each of the county clerks in the counties where the petition for such improvement is filed. After the reports of the engineer are so filed, the county court of each of the counties shall proceed as provided in part 1 of this chapter for improvement districts located wholly in one (1) county until the point in the proceeding is reached when viewers are to be appointed to assess damages, as provided by part 2 of this chapter. As to such viewers, the county court of the county in which the larger or largest percent of the lands to be affected or assessed on account of such improvement is located, or lies, shall appoint two (2) viewers, and one (1) of whom shall be appointed by the county court of each of the other counties concerned, if more than one (1) other county, and if only one (1) other, by the county court of such county, the viewers to have the same qualifications, as provided for viewers in part 2 of this chapter. When so appointed, the viewers shall meet as soon as practicable at some convenient point to be designated by the clerk of the county, the court of which appoints two (2) of the viewers, and shall then proceed to assess damages, as provided in part 2 of this chapter for districts lying in one (1) county only, the engineer rendering them like assistance, as provided in part 2 of this chapter. When their work is completed, the viewers shall make out one (1) copy of their report for each of the counties, signing same, and shall file a copy of such report with each of the county clerks of the counties where such petitions have been filed for the establishment of such improvement or district.
Acts 1909, ch. 185, § 29; Shan., § 3871a116; Code 1932, §4345; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1501; T.C.A. § 69-6-1001.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 10 - MULTI-COUNTY DISTRICTS GENERALLY (§§ 69-5-1001 — 69-5-1006) › Section 69-5-1002 - Proceedings after reports of viewers - Assessment of lands

(a)
When the viewers have so reported, each of the county courts shall proceed as provided in other cases in parts 1 and 2 of this chapter until the point is reached to appoint commissioners to make assessments and apportion them as to the lands affected, when the county court of the county in which the larger or largest percent of the land lies to be assessed or affected, shall appoint two (2) of the commissioners, one (1) of these appointees to be a competent engineer, and the other county court, or courts, shall appoint one (1) of the commissioners each, the commissioners so appointed to have the same qualifications as provided in part 3 of this chapter.
(b)
When so appointed, the commissioners shall, as soon as practicable, meet at some convenient place to be designated by the county clerk of the county, the court of which has appointed two (2) of the commissioners, one (1) being an engineer, and shall then proceed to assess the lands in such district, and apportion the assessments in the same manner as provided in part 3 of this chapter where such district lies wholly in one (1) county, and shall report in like manner, and shall file a copy of their report with the clerk of each county having lands within such improvement district.
(c)
When such commissioners have so reported, each of such county courts shall proceed as to the reports and in levying assessments, as provided by part 3 of this chapter, in cases of districts lying in one (1) county only.
Acts 1909, ch. 185, § 30; Shan., § 3871a117; Code 1932, §4346; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1502; T.C.A. § 69-6-1002.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 10 - MULTI-COUNTY DISTRICTS GENERALLY (§§ 69-5-1001 — 69-5-1006) › Section 69-5-1003 - Board of directors

In cases of districts so lying in more than one (1) county, the board of directors of such districts shall consist of one (1) member from each county, to be appointed by the county court of such county, and the county mayor of each of the counties shall be a member of such board of directors, and the qualifications, powers, and duties of such board of directors shall be the same as provided by parts 6 through 9 of this chapter for boards of directors and members of boards in improvement districts lying entirely in one (1) county.
Acts 1909, ch. 185, § 31; Shan., § 3871a118; Code 1932, §4347; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1503; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1003.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 10 - MULTI-COUNTY DISTRICTS GENERALLY (§§ 69-5-1001 — 69-5-1006) › Section 69-5-1004 - Removal of viewers, commissioners, and directors

The county courts have the same right to remove the viewers, commissioners, and directors appointed by such court, and to appoint others in their stead, and to fill vacancies that the county courts have where such improvement district lies wholly in one (1) county.
Acts 1909, ch. 185, § 31; Shan., § 3871a119; Code 1932, § 4348; T.C.A. (orig. ed.), § 70-1504; T.C.A. § 69-6-1004.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 10 - MULTI-COUNTY DISTRICTS GENERALLY (§§ 69-5-1001 — 69-5-1006) › Section 69-5-1005 - Chair and secretary-treasurer

The county mayor of the county in which the larger or largest percent of the lands of such improvement district lies shall be chair of such board of directors, with authority to call meetings of the board. The board shall elect one (1) of the appointed directors secretary and treasurer of the board of directors, and such treasurer shall give bond, as provided by part 6 of this chapter, such bond or a duplicate of same to be filed with the county clerk in each of the counties and recorded in the drainage record, the bond to be taken before and approved by the county court of the county in which the larger or largest percent of the lands of the district lies.
Acts 1909, ch. 185, § 31; Shan., § 3871a120; Code 1932, §4349; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-150; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1005.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 10 - MULTI-COUNTY DISTRICTS GENERALLY (§§ 69-5-1001 — 69-5-1006) › Section 69-5-1006 - Map of district

The engineer of such district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district.
Acts 1915, ch. 61, §8; Shan., § 3871a170; mod. Code 1932, § 4406; T.C.A. (orig. ed.), § 70-1514; T.C.A. § 69-6-1006.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1101 - Legislative intent

It is the intention of this part to provide an additional method of proceedings in the establishment of improvement or drainage districts, lying in more than one (1) county, and to leave the parties concerned, and petitioners for the improvement or drainage districts, to their option whether they will proceed under one (1) or the other alternative methods in creating such districts where the lands to be included lie in more than one (1) county.
Acts 1915, ch. 61, §7; Shan., § 3871a169; mod. Code 1932, § 4405; T.C.A. (orig. ed.), § 70-1506; T.C.A. § 69-6-1101.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1102 - Petition for formation

When a proposed improvement, drainage district, or drainage and levee district will require its location in more than one (1) county, the application by petition may in the alternative be made to the county court of any one (1) of the counties in which such district will be in part located, if established, such petition to be signed by persons residing in, and owning lands in, any one (1) or more of the counties. The court in which such petition is filed shall have full jurisdiction in the premises for the purpose of creating and establishing such drainage or drainage and levee district. It is not necessary to file such petition in the county court of any other county in which some of the lands lie that are to be included in the proposed district.
Acts 1915, ch. 61, §1; Shan., § 3871a162; mod. Code 1932, § 4398; T.C.A. (orig. ed.), § 70-1507; T.C.A. § 69-6-1102.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1103 - Engineer, viewers, commissioners, and directors

The court in which the petition is filed has full power and authority to appoint the engineer, viewers to assess damages, commissioners to make assessments and apportion the same on the lands affected, and directors, just as if such district lay wholly in one (1) county, and as provided in parts 1-7 of this chapter, when such district lies entirely in one (1) county. The viewers and commissioners shall make their reports to the court where the petition was filed and only to that court. The county mayor of the county where such petition is filed shall be, ex officio, chair of such board of directors. The viewers and commissioners may be resident citizens of any one (1) or more of the counties having lands embraced in such district, but with all the other qualifications set out in parts 2 and 3 of this chapter.
Acts 1915, ch. 61, §2; Shan., § 3871a163; Code 1932, §4399; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1508; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1103.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1104 - Assessments

The assessments levied on the lands shall be made in and by the court where the petition was filed and the proceeding is pending, as provided in part 8 of this chapter as to assessments where the district is wholly in one (1) county, such assessments to be made on the lands in all of the counties included within the district. The clerk of the county in which the petition is filed and the proceeding pending shall make out the drainage assessment book in which the assessment for the entire district appears. The clerk shall then copy so much of the drainage assessment book as contains the assessment of lands in any other county than that where the petition was filed and proceeding is pending, certify under seal that it is a correct copy of that portion, or part of such book, and transmit or deliver it, to the trustee of such other county, taking a clerk's receipt for the copy.
Acts 1915, ch. 61, §3; Shan., § 3871a164; Code 1932, §4400; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1509; T.C.A. § 69-6-1104.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1105 - Disposition of collected assessments

It is the duty of the trustee of any county in which part of the lands of such district lie to receive the certified copy mentioned in §
69-5-1104
, and to collect the assessments shown by the same, as provided in part 8 of this chapter where the district lies entirely in one (1) county, and to duly account for and pay over the same when collected. The trustee collecting such assessments in any county shall pay the same upon the warrants drawn on the trustee by the county mayor of the county where the proceeding is pending, or petition was filed, as provided by law. Such warrants may be drawn to transfer such amounts collected from the hands of the trustee of any other county to the trustee of the county where the proceeding is pending, to the end that all the vouchers for money disbursed shall be on file in the county where the proceeding is pending.
Acts 1915, ch. 61, §4; Shan., § 3871a165; Code 1932, §4401; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1510; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1105.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1106 - Assessments become liens

The assessments provided for by this part, when made and levied shall be and become valid liens upon all the lands so assessed as state and county taxes are liens upon lands.
Acts 1915, ch. 61, §5; Shan., § 3871a166; mod. Code 1932, § 4402; T.C.A. (orig. ed.), § 70-1511; T.C.A. § 69-6-1106.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1107 - Bonds

Bonds may be issued by such drainage district, or drainage and levee district, located in more than one (1) county, to pay for the cost and expenses of the proposed improvement in the general method provided in part 9 of this chapter. Such bonds shall be signed by the county mayor of each of the counties that have lands in such district, and countersigned by the county clerk of each of the counties, and the county seal, or seal of the county clerk, of each county shall be affixed to such bonds by each of the clerks, and the bonds shall be signed and sealed first by the officers of counties other than that in which the proceeding is pending, and last by the officers of the county in which the petition was filed and the proceeding pending, and shall then be ready for issuance. Such bonds shall show upon their face that they are issued by the several counties having lands in such district. The assessments on the lands in each county shall only be bound and liable for their pro rata part of such bonds and interest on the bonds, and according to assessments levied; and only the lands in such district shall be liable for the assessments levied on the lands as provided in part 9 of this chapter. It is the duty of each of the officers in each of the counties to sign, and countersign, and seal such bonds, as provided in part 9 of this chapter, when they have been ordered issued by the court in which the petition was filed and proceeding is pending.
Acts 1915, ch. 61, §6; Shan., § 3871a167; Code 1932, §4403; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1512; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1107.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1108 - Proceeds of bond sale

The proceeds of the bonds, when sold, shall be deposited with one (1) or more of the trustees as directors of such district shall direct, but so the same, or any part thereof, that may be placed in the hands of a county trustee other than the trustee of the county where the proceeding is pending, may be transferred to the trustee of the county where the proceeding is pending, if deemed best, to the end that the entire fund may be paid out by the trustee on proper warrants drawn. The county mayor of the county where the proceeding is pending shall draw all warrants upon, or against the funds, or proceeds of bonds to meet lawful demands of the district, as now provided by law, and draw warrants to transfer the funds as provided in this section. But any of the trustees before receiving any of the proceeds of such bonds shall give bond to account for them as the law now provides.
Acts 1915, ch. 61, §6; Shan., § 3871a168; Code 1932, §4404; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1513; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1108.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 11 - MULTI-COUNTY DISTRICTS - ALTERNATIVE PROCEDURE (§§ 69-5-1101 — 69-5-1109) › Section 69-5-1109 - Map of district

The engineer of the district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district.
Acts 1915, ch. 61, §8; Shan., § 3871a170; mod. Code 1932, § 4406; T.C.A. (orig. ed.), § 70-1514; T.C.A. § 69-6-1109.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 12 - SUBDISTRICTS (§ 69-5-1201) › Section 69-5-1201 - General provisions

(a)
Any person, who owns lands within any drainage district, and who desires to establish a subdistrict within the limits of the original district for the purpose of securing more complete drainage, may file a petition with the county clerk, asking the county court to establish such subdistrict, and describing the lands to be affected by the subdistrict so as to convey an intelligible description of such lands. The bond and all other proceedings shall be the same as provided in parts 1-11 of this chapter for the establishment, formation, and construction of original districts and improvements of districts, including the assessment of damages and assessment of benefits.
(b)
When established and constructed, it shall be and become a part of the drainage system of such drainage district, and be under the control and supervision of the board of directors of such drainage district.
(c)
The subdistrict shall only be established when conducive to the public health or welfare, or to the public benefit or utility.
(d)
Any special assessments made for the benefit of such subdistrict shall be secondary in lien and in right to the assessments for the benefit of the original district.
Acts 1909, ch. 185, § 26; Shan., § 3871a106; Code 1932, § 4334; T.C.A. (orig. ed.), § 70-1601; T.C.A. § 69-6-1201.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 13 - DISTRICTS BY MUTUAL CONSENT (§§ 69-5-1301 — 69-5-1303) › Section 69-5-1301 - Mutual agreements authorized

The owners of land that requires combined drainage may provide for the establishment of a drainage district, or location and construction of drains, ditches, and watercourses upon their own lands by mutual agreement in writing duly signed, acknowledged, and filed with the county clerk.
Acts 1909, ch. 185, § 38; Shan., § 3871a146; Code 1932, § 4381; T.C.A. (orig. ed.), § 70-1701; T.C.A. § 69-6-1301.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 13 - DISTRICTS BY MUTUAL CONSENT (§§ 69-5-1301 — 69-5-1303) › Section 69-5-1302 - Contents of agreement - Validity

A mutual agreement may include the location, the character of work to be done, the adjustment of the damages, the classification of the lands to be benefited by the agreement, the amount of special assessments to be levied, when the special assessments shall be levied, or so many of these or other provisions as may be agreed upon, and to such extent shall be as valid and binding as though performed in the mode and manner provided for in parts 1-12 of this chapter.
Acts 1909, ch. 185, § 38; Shan., § 3871a147; Code 1932, § 4382; T.C.A. (orig. ed.), § 70-1702; T.C.A. § 69-6-1302.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 13 - DISTRICTS BY MUTUAL CONSENT (§§ 69-5-1301 — 69-5-1303) › Section 69-5-1303 - Jurisdiction over mutual agreement districts

Upon the filing of the agreement with the county clerk, the county court shall establish such drainage district and locate the ditch, drain, or watercourse provided for in the mutual agreement according to the terms of the agreement, and shall have full and complete jurisdiction of the parties and subject matter, and order such procedure under this chapter as may be required to carry out the object and intent of such agreement, and to complete and construct the desired improvement, and shall retain jurisdiction of the parties and subject matter as fully as in other cases provided for in this chapter.
Acts 1909, ch. 185, § 38; Shan., § 3871a148; mod. Code 1932, § 4383; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1703; T.C.A. § 69-6-1303.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-101 - Short title

This chapter shall be known as the "Watershed District Act of 1955."
Acts 1955, ch. 112, § 1; T.C.A., § 70-1801; T.C.A. §
69-7-101
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of directors of a watershed district;
(2)
"District" means a watershed district for which organization is proposed or which has been granted under this chapter;
(3)
"Land" means "real property" as defined by the laws of this state and includes, but is not limited to, easements, water rights, or any other interest in real property;
(4)
"Landowner" means any person owning any interest in land located in a district, including tenants in common, tenants by the entireties, joint tenants, life tenants, owners of dower or curtesy rights, vested beneficiaries of the remainder interests, and the holders of leasehold interests of more than three (3) years' duration. Where more than one (1) person owns any such interest in a particular tract of land, each shall be deemed a "landowner" for the purpose of this chapter;
(5)
"Person" means any person, firm, partnership, association or corporation;
(6)
"Publication" means the publication in a newspaper or newspapers admitted to the United States mail as second-class matter, of general circulation within the watershed district; and
(7)
"Voter" means any landowner of the district who is more than eighteen (18) years of age and who is sui juris.
Acts 1955, ch. 112, § 2; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 70-1802; T.C.A. §
69-7-102
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-103 - Organization of district - Petition - Copies - Certification - Filing

(a)
(1)
Before any watershed district is organized, a petition shall be filed in the office of the Tennessee soil and water conservation commission, signed by not less than twenty percent (20%) of the landowners of the real property, and representing twenty-five percent (25%) of the acreage within the proposed district, as shown by a verified enumeration of the landowners taken by a landowner of the proposed district to be selected by the first ten (10) signers of the petition. In the event the proposed district embraces land in more than one (1) county, the enumeration shall be separated as to counties.
(2)
(A)
A verified copy of the enumeration shall be filed with the county clerk of each county in which any portion of the proposed district is located.
(B)
A duplicate copy of the petition, containing the text of the petition in full, shall be filed with the county clerk of each county where any part of the proposed district lies.
(b)
There shall be filed with the Tennessee soil and water conservation commission, as an exhibit to the petition, a certification as to the number of landowners within the proposed district, that the petition is signed by not less than twenty percent (20%) of such landowners, and that the signers of the petition represent twenty-five percent (25%) of the acreage within the proposed district. The certification as to each respective county shall be signed by the county clerk, or the county assessor of property of such county.
Amended by 2021 Tenn. Acts, ch. 203, s 21, eff. 4/22/2021.
Acts 1955, ch. 112, §§ 3, 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §§ 70-1803, 70-1805; impl. am. Acts 1984, ch. 687, § 3; T.C.A., § 69-7-105; T.C.A. §
69-7-102
.