reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 34 - REVENUE BOND LAW (§§ 7-34-101 — 7-34-118) › Section 7-34-112 - Validity of bonds

The bonds bearing the signatures of officers in office on the date of the signing of the bonds shall be valid and binding obligations, notwithstanding that before delivery of, and payment for, the bonds any or all the persons whose signatures appear on the bonds have ceased to be officers of the municipality issuing the bonds. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the public works for which the bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Acts 1935 (Ex. Sess.), ch. 33, § 7; C. Supp. 1950, § 4406.48 (Williams, § 4406.40); T.C.A. (orig. ed.), § 6-1312.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 34 - REVENUE BOND LAW (§§ 7-34-101 — 7-34-118) › Section 7-34-113 - Lien on public works revenue

(a)
All bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims or obligations, have a prior and paramount lien on the revenue of the public works for which the bonds have been issued, over and ahead of all bonds of any issue payable from the revenue that may be subsequently issued, and over and ahead of any claims or obligations of any nature against the revenue subsequently arising or subsequently incurred; provided, that the proceedings authorizing any issue of bonds may provide for the issuance of additional bonds on a parity with the bonds.
(b)
All bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, of sale, or execution, or of delivery, by a lien on the revenue in accordance with this chapter and the resolution or resolutions authorizing the bonds.
Acts 1935 (Ex. Sess.), ch. 33, § 8; C. Supp. 1950, § 4406.49 (Williams, § 4406.41); Acts 1967, ch. 256, § 1; T.C.A. (orig. ed.), § 6-1313.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 34 - REVENUE BOND LAW (§§ 7-34-101 — 7-34-118) › Section 7-34-114 - Rates sufficient to support plant - Consumer use of auxiliary energy sources

(a)
The governing body of a municipality issuing bonds pursuant to this chapter shall prescribe and collect reasonable rates, fees or charges for the services, facilities and commodities of such public works, and shall revise such rates, fees or charges, from time to time, whenever necessary so that such public works shall be and always remain self-supporting. The rates, fees or charges prescribed shall be such as will produce revenue at least sufficient to:
(1)
Pay when due all bonds and interest on the bonds, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves for the payment of the bonds and interest; and
(2)
Provide for all expenses of operation and maintenance of such public works, including reserves for the expenses and maintenance.
(b)
When such public works supplies its services to consumers who use solar or wind powered equipment as a source of energy, such public works shall not discriminate against such consumers by its rates, fees or charges or by altering the availability or quality of energy.
(c)
Any consumer who uses solar power, wind power, or other auxiliary source of energy shall install and operate the equipment, property, or appliance for such energy source in compliance with any state or local code or regulation applicable to the safe operation of such equipment, property, or appliance.
Acts 1935 (Ex. Sess.), ch. 33, § 10; C. Supp. 1950, § 4406.51 (Williams, § 4406.43); T.C.A. (orig. ed.), § 6-1314; Acts 1980, ch. 756, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 34 - REVENUE BOND LAW (§§ 7-34-101 — 7-34-118) › Section 7-34-116 - Exemption from taxation

(a)
So long as a municipality owns any public works, the property and revenue of such public works shall be exempt from all state, county and municipal taxation.
(b)
Bonds and the income from bonds issued pursuant to this chapter shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.
Acts 1935 (Ex. Sess.), ch. 33, § 12; C. Supp. 1950, § 4406.53 (Williams, § 4406.45); T.C.A. (orig. ed.), § 6-1316.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 34 - REVENUE BOND LAW (§§ 7-34-101 — 7-34-118) › Section 7-34-117 - Exemption from Tennessee public utility commission jurisdiction

No requirements or provisions of this chapter shall be construed so as to deprive any municipality issuing bonds pursuant to this chapter of the exemption previously granted to municipalities from the jurisdiction of the Tennessee public utility commission.
Amended by 2017 Tenn. Acts, ch. 94,s 10, eff. 4/4/2017.
Acts 1935 (Ex. Sess.), ch. 33, § 17; 1937, ch. 230, § 4; C. Supp. 1950, § 4406.58 (Williams, § 4406.50); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 6-1317; Acts 1995, ch. 305, § 74.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 34 - REVENUE BOND LAW (§§ 7-34-101 — 7-34-118) › Section 7-34-118 - Supplemental nature of chapter

The powers conferred by this chapter shall be in addition and supplemental to, and the limitations imposed by this chapter shall not affect, the powers conferred by any other general, special or local law. Public works may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and bonds may be issued under this chapter for such purposes, notwithstanding that any general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of like public works, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law, including, but not limited to, any requirement for the approval by the voters of any municipality.
Acts 1935 (Ex. Sess.), ch. 33, § 18; C. Supp. 1950, § 4406.59 (Williams, § 4406.51); T.C.A. (orig. ed.), § 6-1318.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 1 - EMINENT DOMAIN (§§ 7-35-101 — 7-35-102) › Section 7-35-101 - Power of eminent domain

All municipal corporations are empowered to take and condemn lands, property, property rights, privileges and easements of others for the purpose of constructing, laying, repairing, or extending sewers, water system or drainage ditches, both within and beyond the corporate limits, and of acquiring ingress and egress in the construction, repair or maintenance of sewers, water system or drainage ditches, and in making connection to sewers, water system or drainage ditches. Such property or interest in such property may be so acquired whether or not the property or interest in property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purpose; provided, that such prior public use will not be interfered with by this use.
Acts 1917, ch. 31, § 1; Shan. Supp., § 1880a27b1; mod. Code 1932, § 3366; T.C.A. (orig. ed.), § 6-1401; Acts 2000, ch. 726, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 1 - EMINENT DOMAIN (§§ 7-35-101 — 7-35-102) › Section 7-35-102 - Determination and payment of damages

The compensation for damages in such taking shall be paid by the municipalities, and shall be determined in the mode provided by §§
7-31-107
- 7-31-111; and the rights and powers contained in those sections are conferred upon all of the municipal corporations, as specifically as if enacted into this section.
Acts 1917, ch. 31, § 2; Shan. Supp., § 1880a27b2; mod. Code 1932, § 3367; T.C.A. (orig. ed.), § 6-1402.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 2 - REQUIREMENT OF SEWER CONNECTION (§§ 7-35-201 — 7-35-202) › Section 7-35-202 - Action for unpaid sewer or wastewater utility fees or assessments

(a)
In addition to §
7-35-201
, upon approval by a two-thirds (2/3) vote of the legislative body, any municipality having a municipal sanitary sewer system may enforce the payment of fees or assessments charged for sewer or wastewater disposal utility services by filing an action in the same manner and with the same penalties and interest attached as provided for the enforcement of unpaid taxes pursuant to title 67, including the sale or execution of such property as provided in title 26, chapter 5, and the redemption provisions of title 66, chapter 8. Such action may be taken only once every calendar year by the municipal sanitary sewer system for unpaid sewer or wastewater utility fees or assessments. The municipal sanitary sewer system shall be required to give notice to the property owner, if different from the service user, not less than ninety (90) days prior to the filing of any action, which would include levying on the real property. Such notice shall be mailed to the last known address of the property owner as contained on the tax records of the county where the property is located, and shall include the amount of the unpaid fee or assessment for sewer or wastewater disposal services, together with penalties and interest. The notice shall also contain a statement to the effect that, unless the payments are brought up to date, a lien will attach to the property and an action will be filed pursuant to title 67. The municipal sanitary sewer system shall bear the reasonable costs incurred by a property owner in defending such an action due to an error in the records or fees of the system for the provision of such sewer or wastewater disposal services.
(b)
As used in this section, "municipality" means a municipality having a population of:
(1)
Not less than eight hundred ninety (890) nor more than nine hundred (900), according to the 1990 federal census or any subsequent federal census; and
(2)
Not less than five hundred thirty (530) nor more than five hundred forty (540) that is located in a county having a population of not less than thirty-one thousand seven hundred one (31,701) nor more than thirty-one thousand eight hundred seven (31,807), according to the 2010 federal census or any subsequent federal census.
Amended by 2018 Tenn. Acts, ch. 762,Secs.s1, s2 eff. 4/19/2018.
Acts 1992, ch. 882, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 3 - CONTRACTS BETWEEN MUNICIPALITIES (§§ 7-35-301 — 7-35-304) › Section 7-35-301 - Contracts authorized

Municipalities to which this part may apply are authorized to contract with each other for the use by one (1) of the municipalities of the sewer or water pipes and system belonging to the other.
Acts 1897, ch. 76, § 1; Shan., § 1924a1; mod. Code 1932, § 3337; T.C.A. (orig. ed.), § 6-1404.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 3 - CONTRACTS BETWEEN MUNICIPALITIES (§§ 7-35-301 — 7-35-304) › Section 7-35-302 - Applicability of part - Consolidated systems

This part shall apply to municipalities that adjoin one another, or that are in such proximity to one another as to make it of the interest to both that such system of each be in substance consolidated and unified, the question of the mutual advantages to accrue to such municipalities, respectively, to be determined by the municipalities, and their determination of the advantages by entering into such contract or contracts to be conclusive.
Acts 1897, ch. 76, § 2; Shan., § 1924a2; mod. Code 1932, § 3338; T.C.A. (orig. ed.), § 6-1405.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 3 - CONTRACTS BETWEEN MUNICIPALITIES (§§ 7-35-301 — 7-35-304) › Section 7-35-303 - Construction between contracting municipalities

When such municipalities do not adjoin but lie in such proximity to one another as to make such contract to their mutual advantage, then either of the municipalities may, from the public funds of either of the municipalities, build such lines of main sewer or water pipes over the intermediate territory, using any streets, roads, or public ways for the sewers or water pipes that may be necessary, so as to enable the pipes and systems of the two (2) or more municipalities to be joined together and consolidated into one.
Acts 1897, ch. 76, § 3; Shan., § 1924a3; mod. Code 1932, § 3339; T.C.A. (orig. ed.), § 6-1406.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 3 - CONTRACTS BETWEEN MUNICIPALITIES (§§ 7-35-301 — 7-35-304) › Section 7-35-304 - Enforcement of contracts

Any contract or contracts made by the municipalities under the authority conferred by this chapter shall be binding and obligatory upon the municipalities, respectively, and may be enforced against the municipalities, or either of the municipalities, as any other contract obligation might be enforced.
Acts 1897, ch. 76, § 4; Shan., § 1924a4; Code 1932, § 3340; T.C.A. (orig. ed.), § 6-1407.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-402 - Purchase and combining of works

One (1) or more waterworks or sewerage systems, owned by one (1) or more persons or corporations, may be acquired under authority of this part as a single enterprise, and the governing body of a city or town shall be and is empowered to enter into agreement with the owners as to the value of the waterworks or sewerage systems, and to purchase the waterworks or sewerage systems at an agreed price to be fixed by resolution passed by the governing body of the city or town upon three (3) separate readings on three (3) separate days. The city or town shall be understood to have all authority necessary to combine new works acquired under this part by purchase, construction or otherwise with any similar existing works owned by the city or town, all to be a part of the same single enterprise under the same supervision and control.
Acts 1933, ch. 68, § 4; C. Supp. 1950, § 3695.4; T.C.A. (orig. ed.), § 6-1409.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-403 - Condemnation or purchase of necessary property

Any city or town proceeding under this part is authorized and empowered to condemn property for any and all purposes necessary for the proper completion of the works and the proper operation of the works. Where condemnation proceedings are employed, they shall be in accordance with the established laws of the state in title 29, chapter 16. The cities and towns are authorized to acquire by purchase any existing works, lands, rights, easements, franchises and any other property, real or personal, necessary to the proper completion and operation of the works. Title to property so condemned or purchased shall be taken in the name of the city or town. Where title to any property necessary to the completion or operation of the works is defective, authority is conferred to cure the defects by proper court proceedings. Where a condemnation proceeding becomes necessary, right of possession may issue immediately upon filing proceedings for condemnation, upon the posting of a bond for the value of the property with the clerk of the court.
Acts 1933, ch. 68, § 5; mod. C. Supp. 1950, § 3695.5; T.C.A. (orig. ed.), § 6-1410.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-404 - Elements included in cost of works

The costs of the works shall be deemed to include all the costs of acquisition or construction of the works, the costs of all property, rights, easements, and franchises deemed necessary or convenient for the works, and for the improvements determined upon as provided in §
7-35-420
; interest upon bonds prior to and during construction or acquisition and for six (6) months after the completion of construction or acquisition of the improvements; engineering and legal expenses; expense for estimates of cost and of revenues; expense for plans, specifications and surveys; other expenses incident or necessary to determining the feasibility or practicability of the enterprise; administrative expense; and such other expenses as may be necessary to the financing authorized in this part and the construction or acquisition of the works and the placing of the works in operation and the performance of the things required in this part or permitted in connection with any of the provisions of this part.
Acts 1933, ch. 68, § 10; C. Supp. 1950, § 3695.10; T.C.A. (orig. ed.), § 6-1411.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-405 - Payment of preliminary expense

(a)
All necessary expenses actually incurred by the governing body of any city or town in the making of surveys, estimates of costs and revenues, employment of engineers or other employees, the giving of notices, taking of options and all other expenses of whatever nature, necessary to be paid prior to the issuance and delivery of the revenue bonds pursuant to this part, may be met and paid in the following manner:
(1)
The governing body may from time to time certify such items of expenses to the proper fiscal agent of the city or town, directing the fiscal agent to pay the several amounts of the expenses; and
(2)
The expenses shall be paid out of the general fund of such city or town not otherwise appropriated, or from any other available fund without a special appropriation being made for the payments by the governing body of the city or town.
(b)
All such payments from the general or other funds shall be considered as temporary loans and shall be repaid immediately upon sale and delivery of the bonds, and claim for such repayment shall have priority over all other claims against the proceeds derived from the sale of the bonds.
Acts 1933, ch. 68, § 8; C. Supp. 1950, § 3695.8; T.C.A. (orig. ed.), § 6-1412.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-406 - Board of commissioners - Authorized - Governing body may perform duties of board - Jurisdiction over gas systems

(a)
(1)
Every incorporated city and town in this state acquiring a waterworks or sewerage system under this part shall be required and is hereby authorized and empowered to appoint a board of waterworks and/or sewerage commissioners to have supervision and control of construction and operation of such works. "Board," as used in this part, means a board of waterworks and/or sewerage commissioners as required and authorized in this section, constituted and appointed as provided in §§
7-35-407
- 7-35-409. The governing body of any incorporated city or town may, by proper ordinance, elect to perform the duties required of the boards under this part, in which event the governing body shall have all the powers, duties and responsibilities imposed upon the board, and all references to the board shall refer to such governing body acting in the capacity of such board.
(2)
If a governing body elects to perform the duties, powers, and responsibilities required of the board pursuant to subdivision (a)(1), then the governing body may carry out such duties, powers, and responsibilities, and approve projects and works authorized under this part, by passage of a proper ordinance or resolution.
(b)
Municipalities now or hereafter owning or operating a gas system shall have the power and are hereby authorized to transfer to and confer upon the board of waterworks and sewerage commissioners the jurisdiction over such gas system.
Amended by 2024 Tenn. Acts, ch. 692,s 1, eff. 4/11/2024.
Acts 1933, ch. 68, § 2; C. Supp. 1950, § 3695.2; Acts 1963, ch. 232, § 1; 1968, ch. 465, § 1; T.C.A. (orig. ed.), § 6-1413.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-407 - Board of commissioners - Provided - Jurisdiction - Creation - First board

Any city or town acquiring a waterworks or sewerage system under this part shall provide a board of waterworks or sewerage commissioners, to consist of five (5) members, who shall have custody, administration, operation, maintenance and control of such works. The board of commissioners shall be created in the following manner: at the time the governing body of the city or town passes the ordinance authorizing the acquisition of a waterworks or sewerage system, the governing body shall appoint five (5) members from among the property holders, who are and have been residents of the city or town for not less than one (1) year next preceding the date of appointment. The governing body of the municipality may, in its discretion, appoint as one (1) of the five (5) members a member from such governing board of the municipality, but in that event, the term of the member shall never extend beyond the member's term of office in the governing body of the municipality.
Acts 1933, ch. 68, § 19; C. Supp. 1950, § 3695.19; Acts 1968, ch. 465, § 2; T.C.A. (orig. ed.), § 6-1414.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-408 - Board of commissioners - Appointment - Terms

Commissioners shall be appointed by majority vote of the governing body of the city or town, the original appointees to serve from the date of appointment for one (1), two (2), three (3), four (4) and five (5) years, respectively, from the next succeeding July 1, unless a member of the governing body of the city is appointed to serve on the board, and in that event, the original appointees to serve from the date of appointment for one (1), two (2), three (3), and four (4) years, respectively, from the next succeeding July 1. Each successor to a retired member of the board shall be appointed for a term of five (5) years in the same manner, at the next regular meeting of the governing body of the city in June next preceding the expiration of the term of office of the retiring member. Appointments to complete unexpired terms of office, vacant for any cause, shall be made in the same manner as the original appointments.
Acts 1933, ch. 68, § 19; C. Supp. 1950, § 3695.19; Acts 1968, ch. 465, § 3; T.C.A. (orig. ed.), § 6-1415.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-409 - Board of commissioners - Bond - Oath - Officers of board - Meetings - Compensation

(a)
Each member shall give such bond, if any, as may be required by ordinance, and shall qualify by taking the same oath of office as required for governing officials of the city or town. Within ten (10) days after appointment and qualification of members, the board shall hold a meeting to elect a chair, and designate a secretary and treasurer, or a secretary-treasurer, who need not be a member or members of the board, and fix the amount of the surety bond that shall be required of such treasurer and shall fix such person's compensation. The board shall hold public meetings at least once per month, at such regular time and place as the board may determine. Changes in the time and place of meeting shall be made known to the public as far in advance as practicable. Except as otherwise expressly provided, the board shall establish its own rules of procedure.
(b)
All members of the board shall serve without compensation, but they shall be allowed necessary traveling and other expenses while engaged in the business of the board, including an allowance not to exceed one hundred dollars ($100) per month for attendance at meetings. Such expenses, as well as the salaries of the secretary and treasurer, or secretary-treasurer, shall constitute a cost of operation and maintenance.
(c)
All members of the board shall receive an additional allowance, not to exceed twenty-five dollars ($25.00), per month for attendance at meetings when the municipalities have thereby authorized to transfer to and confer upon the board of waterworks or sewerage commissioners the jurisdiction over the gas system. Such additional allowances shall constitute a cost of operation and maintenance of the utility systems.
Acts 1933, ch. 68, § 19; C. Supp. 1950, § 3695.19; Acts 1979, ch. 229, § 1; T.C.A. (orig. ed.), § 6-1416.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-410 - Removal of commissioners

Any member of the board may be removed from office for cause, but only after preferment of formal charges and trial before a court of proper jurisdiction. Charges may be preferred by resolution of the governing body of the city or town by any member of the board, or by a petition signed by two percent (2%) or more, but no fewer than twenty-five (25) in number, of the owners of property served by the works.
Acts 1933, ch. 68, § 19; C. Supp. 1950, § 3695.19; T.C.A. (orig. ed.), § 6-1417.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-411 - Use of existing boards

The provisions of this part requiring any city or town acquiring a waterworks or sewerage system to create a board of waterworks or sewerage commissioners, defining their duties, qualifications, method of appointment or election, term of office, compensation, time of meetings, organization, removal from office and powers, shall not apply to any city or town having in existence on April 11, 1933, a department, board or commission, invested with similar duties and powers, and, in its discretion, any such city or town may substitute for the board of waterworks or sewerage commissioners provided for in this part such department, board or commission as is in existence on April 11, 1933, which shall be clothed with all powers and duties given to the board of waterworks or sewerage commissioners by this part, but shall be required to qualify by giving bond or taking oath as provided in this part.
Acts 1933, ch. 68, § 24; C. Supp. 1950, § 3695.24; modified; T.C.A. (orig. ed.), § 6-1418.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-412 - Powers and duties of board

(a)
The board of waterworks or sewerage commissioners, constituted and appointed as provided in this part and referred to in this part as the "board", has the power to take all steps and proceedings and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this part, subject only to limitations on matters requiring approval by the governing body of the city or town in question.
(b)
From and after its first meeting, the board shall act in an advisory capacity to the governing body of the city or town in all matters pertaining to the financing of the enterprise and the acquisition of any or all parts of the proposed works or extensions to the works by purchase, condemnation or construction, and it is the board's duty to collect and furnish all necessary data and information, and to recommend such appropriate action by the governing body as may appear to the board to be necessary from time to time.
(c)
Subject to and after approval by the governing body of the city or town, the board shall have the power, and it shall be the board's duty, to proceed with all matters pertaining to construction, extensions, improvements and repairs necessary to proper completion of the works. After completion and acceptance of the works by the board, and approval of such acceptance by the governing body of the city or town, the board shall have the power, and it shall be its duty, to proceed with all matters and perform everything necessary to the proper operation of the works and collection of charges for service rendered, subject only to the limitation of funds available for operation and maintenance. To this end, the board may employ such employees as in its judgment may be necessary and may fix their compensation, all of whom shall do such work as the board shall direct. The board shall have power to employ engineers and attorneys whenever in its judgment such services are necessary.
Acts 1933, ch. 68, § 20; C. Supp. 1950, § 3695.20; T.C.A. (orig. ed.), § 6-1419.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-413 - Records and reports

The board shall keep a complete and accurate record of all meetings and actions taken, receipts and disbursements, and shall make reports of the records to the governing body of the city or town, at stated intervals, not to exceed one (1) year. The reports shall be in writing, and in open meeting of the governing body of the city or town, and a copy filed with the city or town clerk.
Acts 1933, ch. 68, § 22; C. Supp. 1950, § 3695.22; T.C.A. (orig. ed.), § 6-1420.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-414 - Rates and charges - Minimum base rate charge considered a local tax

(a)
The governing body of any city or town acquiring and operating a waterworks or sewerage system under this part has the power, and it is the governing body's duty, by ordinance, to establish and maintain just and equitable rates and charges for the use of and the service rendered by the waterworks or sewerage system, to be paid by the beneficiary of the service. The rates and charges shall be adjusted so as to provide funds sufficient to pay all reasonable expenses of operation, repair, and maintenance, provide for a sinking fund for payment of principal and interest of bonds when due, and maintain an adequate depreciation account, and the rates and charges may be readjusted as necessary from time to time by amendment to the ordinance establishing the rates then in force. Any upward adjustment of rates and charges for sewage services shall not be granted solely on the basis of increases of rates and charges for water services, but shall be made only after a finding by the governing body that such an adjustment is reasonable and justified; provided, that this restriction on any upward adjustment of rates and charges for water services shall not apply to counties with a metropolitan form of government. A copy of the schedule of the rates and charges so established shall be kept on file in the office of the board having charge of the operation of such works, and also in the office of the city or town clerk, and shall be open to inspection by all interested parties.
(b)
If any municipality in Tennessee adopts a sewer fee ordinance which includes a minimum base rate charge payable by all sewer users, it is declared the public policy of the state that such minimum base rate charge shall be considered to be a local tax upon sewer users in the same manner that local property taxes are so considered. However, user fees paid in excess of the minimum base rate charge that are related to the volume or strength of sewage discharged shall be considered as user fees in the same manner in which electrical, gas, or water consumption is related to actual use.
Acts 1933, ch. 68, § 11; C. Supp. 1950, § 3695.11; Acts 1977, ch. 63, § 1; 1979, ch. 245, §§ 1, 3; T.C.A. (orig. ed.), § 6-1421.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-415 - Charges to municipality

The reasonable cost and value of any service rendered to a city or town by a waterworks or sewerage system shall be charged against the city or town, and shall be paid when due as the service accrues from the current funds or proceeds of taxes that the city or town is authorized and required to levy in an amount sufficient for the purpose. The funds so paid shall be deemed to be a part of the revenues of the works and shall be applied only as provided in this part for the application of such revenues.
Acts 1933, ch. 68, § 12; C. Supp. 1950, § 3695.12; T.C.A. (orig. ed.), § 6-1422.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-416 - Service contracts

Any city or town operating a waterworks or sewerage system under this part is authorized and empowered to contract with one (1) or more other cities or towns or with corporations, firms, or individuals to furnish service by such works, and to collect charges for the service, and such other cities, towns, corporations, firms and individuals are authorized to enter into such contracts for such service, but only to the extent of the capacity of the works, without impairing the usefulness of the works to the owners. Cities or towns entering into contracts with owners of waterworks or sewerage systems under this part are authorized to establish, charge, and adjust by ordinance, rates and charges for the service rendered by such system or systems. Revenues derived from this source shall be used to meet the obligations of the contract. The income received by the owner of the works under any such contract shall be deemed to be a part of the revenues of the works, and shall be applied only as provided in this part for the application of such revenues.
Acts 1933, ch. 68, § 13; C. Supp. 1950, § 3695.13; T.C.A. (orig. ed.), § 6-1423.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-420 - Borrowing and bonds authorized

For the purpose of defraying the cost of acquiring a waterworks or sewerage system or any extensions to the waterworks or sewage system either by purchase or construction, or both, any municipal corporation may borrow money and issue its bonds and notes pursuant to the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21.
Acts 1933, ch. 68, § 3; C. Supp. 1950, § 3695.3; Acts 1969, ch. 284, § 2; T.C.A. (orig. ed.), § 6-1427; Acts 1988, ch. 750, § 21.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 35 - SEWERS AND WATERWORKS (§§ 7-35-101 — 7-35-432) › Part 4 - AUTHORITY TO OWN AND OPERATE SYSTEM (§§ 7-35-401 — 7-35-432) › Section 7-35-432 - Supplemental to other laws

This part creates an additional and alternate method for the acquisition of waterworks or a sewerage system by any incorporated city or town and does not include, amend, alter, or repeal any other statute. A proceeding is not required for either the acquisition of a waterworks or sewerage system, or for the issuance of bonds under this part, except as provided by this part or §
68-221-1017
, notwithstanding any other law to the contrary.
Amended by 2020 Tenn. Acts, ch. 720, s 2, eff. 6/22/2020.
Acts 1933, ch. 68, § 23; C. Supp. 1950, § 3695.23; T.C.A. (orig. ed.), § 6-1439.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 36 - MUNICIPAL ENERGY AUTHORITY (§§ 7-36-101 — 7-36-132) › Section 7-36-101 - Short title

This chapter shall be known and may be cited as the "Municipal Energy Authority Act".
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 36 - MUNICIPAL ENERGY AUTHORITY (§§ 7-36-101 — 7-36-132) › Section 7-36-103 - Formation of authority

(a)
If the governing body of an associated municipality, by appropriate resolution, duly adopted by a two-thirds (2/3) or greater vote, finds and determines that it is wise, expedient, necessary, or advisable that an authority be formed, it shall authorize the mayor of the associated municipality or other person to proceed to form an authority, and shall approve the form of certificate of incorporation proposed to be used in organizing the authority, and then the mayor or other person authorized by the resolution shall execute, acknowledge, and file a certificate of incorporation for the corporation as provided in this chapter.
(b)
No authority may be formed pursuant to this chapter unless the governing body has adopted a resolution as provided in this section.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 36 - MUNICIPAL ENERGY AUTHORITY (§§ 7-36-101 — 7-36-132) › Section 7-36-104 - Certificate of incorporation

(a)
The certificate of incorporation shall set forth:
(1)
The name of the authority;
(2)
A recital that permission to organize the authority has been granted by resolution duly adopted by the governing body of the associated municipality and the date of the adoption of the resolution;
(3)
The location of the principal office of the authority;
(4)
The purposes for which the authority is proposed to be organized;
(5)
The number of directors of the authority;
(6)
The period for the duration of the authority, if other than perpetual; and
(7)
Any other matter that the governing body of the associated municipality may choose to insert in the certificate of incorporation, which shall not be inconsistent with this chapter or with the laws of this state. It shall not be necessary to set forth in the certificate of incorporation the powers enumerated in this chapter.
(b)
The certificate of incorporation shall be acknowledged by the mayor of the associated municipality or other person authorized by the resolution described in §
7-36-103
before an officer authorized by the laws of this state to take acknowledgments of deeds.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 36 - MUNICIPAL ENERGY AUTHORITY (§§ 7-36-101 — 7-36-132) › Section 7-36-105 - Filing and approval of certificate of incorporation - Creation of authority - Corporate name

(a)
When executed and acknowledged in conformity with §
7-36-104
, the certificate of incorporation shall be filed with the secretary of state. The secretary of state shall examine the certificate of incorporation and, if the secretary of state finds that the recitals contained in the certificate of incorporation are correct, that the requirements of §
7-36-104
have been complied with, and that the name is not identical with or so nearly similar to that of another entity already in existence in this state as to lead to confusion and uncertainty, then the secretary of state shall approve the certificate of incorporation and record it in an appropriate book of record in the secretary of state's office.
(b)
When the certificate has been made, filed, and approved, the corporate existence shall begin, and the certificate shall be conclusive evidence that the authority has been formed pursuant to this chapter.
(c)
Upon its formation, a governmental authority shall be created and constituted. The authority shall be a public corporation under the corporate name set forth in its certificate of incorporation, and shall under that name be a political subdivision of this state and a body politic and corporate. The authority shall be for the purpose of planning, acquiring, constructing, improving, furnishing, equipping, financing, owning, operating, and maintaining electric, water, and wastewater systems, and telecommunications systems as are specified in its certificate of incorporation. The authority may provide such services within or outside the corporate limits of the associated municipality and within or outside this state.
(d)
An authority may elect to adopt one (1) or more assumed corporate names other than its true corporate name. Before conducting affairs in this state under an assumed corporate name or names, the authority shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file an application with the secretary of state setting forth the true corporate name of the authority as stated in its certificate of incorporation, that the authority intends to transact business under an assumed corporate name, and the assumed corporate name which it proposes to use. An authority may, by resolution of its board of directors, amend or withdraw any of its assumed corporate names by filing notice of such amendment or withdrawal with the secretary of state.
Amended by 2017 Tenn. Acts, ch. 446,s 4, eff. 5/25/2017.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › MUNICIPAL FUNCTIONS (§§ 7-31-101 — 7-41-111) › Chapter 36 - MUNICIPAL ENERGY AUTHORITY (§§ 7-36-101 — 7-36-132) › Section 7-36-106 - Amendment of certificate of incorporation

(a)
The certificate of incorporation may, at any time, be amended so as to make any changes in the certificate of incorporation and add any provisions to the certificate of incorporation that might have been included in the original certificate of incorporation.
(b)
An amendment to the certificate of incorporation shall be effected in the following manner:
(1)
The members of the board of directors of the authority shall file with the governing body of the associated municipality an application in writing seeking permission to amend the certificate of incorporation, specifying in such application the amendment proposed to be made;
(2)
The governing body shall consider the application and, if it shall, by appropriate resolution, duly find and determine that it is wise, expedient, necessary, or advisable that the proposed amendment be made and shall authorize the amendment to be made and shall approve the form of the proposed amendment, then the persons making application shall execute an instrument embodying the amendment specified in the application, and shall file the application with the secretary of state;
(3)
The proposed amendment shall be subscribed and acknowledged by each member of the board of directors before an officer authorized by the laws of this state to take acknowledgments to deeds; and
(4)
The secretary of state shall examine the proposed amendment and, if the secretary of state finds that the requirements of this section have been complied with and the proposed amendment is within the scope of what might be included in an original certificate of incorporation pursuant to §
7-36-104
, then the secretary of state shall approve the amendment and record it in an appropriate book in the secretary of state's office.
(c)
When an amendment has been made, filed, and approved, it shall become effective and the certificate of incorporation shall be amended pursuant to subsection (b) to the extent provided in the amendment.
(d)
No certificate of incorporation shall be amended except in the manner provided in this section.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.