reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 2 - SOUTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-201 — 64-2-214) › Section 64-2-213 - Liberal construction

This part is remedial in nature and shall be liberally construed to effect its purposes of promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority; encouraging utilization of the natural resources therein; and promoting the growth and development of commerce and industry in the counties and cities. Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.
Acts 1977, ch. 479, § 16; T.C.A., §§ 65-3113, 66-2-213.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 2 - SOUTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-201 — 64-2-214) › Section 64-2-214 - Part supplemental to other laws

The powers, authority and rights conferred by this part are in addition and supplemental to, and the limitations imposed by this part do not affect the powers conferred by any other general, special or local law.
Acts 1977, ch. 479, § 13; T.C.A., §§ 65-3114, 66-2-214.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-301 - Creation - Purpose

(a)
There is hereby created the Tri-county railroad authority in the counties of Coffee, Warren and White.
(b)
This authority is intended to secure economic benefits to the above counties and to the cities of Manchester, Doyle, McMinnville, Morrison, Tullahoma and Sparta by providing for the continuation of railroad service in Coffee, Warren and White counties.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 1; T.C.A., § 66-2-301.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-302 - Effective date

This part shall take effect when:
(1)
Two (2) or more of the counties of Coffee, Warren and White and the cities of Manchester, Doyle, McMinnville, Morrison, Tullahoma and Sparta are authorized by a majority vote of their respective governing bodies to become members of the authority;
(2)
Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that presiding officer to the secretary of state; and
(3)
The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 16; T.C.A., § 66-2-302.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-303 - Powers

(a)
Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment, and may in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible.
(b)
The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this section, in connection therewith, are declared to be public and corporate purposes and matters of public necessity.
(c)
The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this section, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use, and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), §§ 1, 2, 12; T.C.A., § 66-2-303.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-305 - Employees, professional staff and advisors

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 4; T.C.A., § 66-2-305.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-307 - Eminent domain

(a)
The authority is hereby authorized and empowered to condemn, in the name of the authority, any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part as set forth in §§
64-2-301
and
64-2-303(a)
. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b)
Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately, or as soon and upon such terms as the court, in its discretion, may deem proper and just.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 7; T.C.A., § 66-2-307.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-309 - Operating revenues

(a)
The revenues derived from the operation of the properties and facilities authorized and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows:
(1)
The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose;
(2)
The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage and transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and
(3)
Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenues shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(b)
Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 10; T.C.A., § 66-2-309.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-310 - Contracts

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities involving more than five hundred dollars ($500) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 11; T.C.A., § 66-2-310.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-311 - Annual report

(a)
The board of directors of the authority shall report annually to the governing bodies of the various counties and cities within the boundaries of the authority.
(b)
Such reports shall include statements of financial receipts and expenditures and a summary of activities and accomplishments for the period and proposed plans for the next year and for subsequent years.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 9; T.C.A., § 66-2-311.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-312 - Audit of operations

(a)
The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b)
These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c)
The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 9; T.C.A., § 66-2-312; Acts 2005, ch. 396, § 18.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-313 - Liberal construction

(a)
This part is remedial in nature and shall be liberally construed to effect its purposes of:
(1)
Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority;
(2)
Encouraging utilization of the natural resources therein; and
(3)
Promoting the growth and development of commerce and industry in the counties and cities.
(b)
Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 15; T.C.A., § 66-2-313.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 3 - TRI-COUNTY RAILROAD AUTHORITY (§§ 64-2-301 — 64-2-314) › Section 64-2-314 - Part supplemental to other laws

The powers, authority and rights conferred by this part are in addition and supplemental to, and the limitations imposed by this part do not affect the powers conferred by, any other general, special or local law.
Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 13; T.C.A., § 66-2-314.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-401 - Creation - Purpose

(a)
There is hereby created the North Central Tennessee railroad authority in the counties of Montgomery, Houston and Stewart.
(b)
This authority is intended to secure economic benefits to the above counties and to the cities of Clarksville and Cumberland City by providing for the continuation of certain railroad service in the counties of Montgomery, Houston and Stewart.
Acts 1983, ch. 302, § 1.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-402 - Effective date

This part shall take effect when:
(1)
Two (2) or more of the counties of Montgomery, Houston or Stewart or the cities of Clarksville or Cumberland City are authorized by a majority vote of their respective governing bodies to become members of the authority;
(2)
Evidence of such authorization is proclaimed and countersigned by the presiding officer of each ratifying county and city and certified by that presiding officer to the secretary of state; and
(3)
The governing bodies of all governments voting to become members of the authority have indicated their willingness to appropriate sufficient funds to provide for the initial administration of the authority.
Acts 1983, ch. 302, § 17.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-403 - Powers

(a)
Within the region of the authority, it may acquire, construct, operate, maintain and dispose of railroad facilities, properties and equipment and may, in addition to continuing the above-mentioned railroad service, provide any other rail service in the region as it is needed and feasible.
(b)
The acquisition, construction, operation and maintenance of such properties and facilities are hereby declared to be public and governmental functions. The powers granted in this section, in connection therewith, are declared to be public and corporate purposes and matters of public necessity.
(c)
The authority may use any property, right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities authorized in this part, held by the state or any county or municipality in the state; provided, that such governmental agency consents to such use and that there is compliance with all statutes, regulations and procedures regulating the use, management and disposition of state property.
Acts 1983, ch. 302, §§ 1, 2, 12.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-405 - Employees, professional staff and advisors

The directors are authorized to employ and fix the compensation of architects, attorneys, engineers, superintendents, consultants, professional advisors and other subordinate officers and employees as may be necessary for the efficient management and operation of the authority and its facilities. Such persons shall continue in the employment of the authority at the will and pleasure of the board of directors. Such employment or contracts shall conform to the statutes, regulations and procedures to which counties must generally adhere in making such transactions.
Acts 1983, ch. 302, § 4.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-407 - Eminent domain

(a)
The authority is hereby authorized and empowered to condemn, in the name of the authority any land, easements or rights-of-way in the boundaries of the authority that, in the opinion of the board of directors, are necessary or convenient to carry out the purposes of this part. Title to property so condemned shall be taken by and in the name of the authority, and the property shall thereafter be entrusted to the authority for the purposes of this part. Such condemnation proceedings shall be in accordance with title 29, chapters 16 and 17.
(b)
Where title to any property sought to be condemned is defective, it shall be passed by the judgment or decree of the court. Where condemnation proceedings become necessary, the court in which any such proceedings are filed shall, upon application by the authority and upon posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that a writ of possession shall issue immediately, or as soon and upon such terms as the court, in its discretion, may deem proper and just.
Acts 1983, ch. 302, § 7.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-409 - Operating revenues

(a)
The revenues derived from the operation of the properties and facilities authorized and the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities shall be applied and used as follows:
(1)
The payment of all operating expenses of the authority, except that the proceeds derived from the sale, transfer or other disposition of any land or other facilities shall not be used for this purpose;
(2)
The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of properties and facilities, storage transfer facilities and any other facilities or other purposes as may be required under any bond indenture or as the authority directors may deem necessary or desirable. This subdivision (a)(2) shall not be construed to authorize the authority to exercise these provisions in a manner inconsistent with statutes, regulations or procedures governing such matters in county government; and
(3)
Any revenue or proceeds remaining after all the above items have been provided for shall be held and used for the further development of and for additions to the authority facilities and for the acquisition or construction of new facilities that may become necessary or desirable to further the purposes of this part. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the authority directors.
(b)
Nothing in this section shall be construed to authorize the authority to administer these provisions in a manner inconsistent with statutes, regulations or procedures governing such transactions and activities carried out by county governments, and the authority shall assure that procedures and practices covered by this section conform with statutes, regulations and procedures to which county governments must adhere. All revenues shall be received, deposited and accounted for and all financial transactions shall be handled consistent with the requirements of statutes, regulations and procedures affecting county government.
Acts 1983, ch. 302, § 10.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-410 - Contracts

All contracts of the authority shall be entered into and executed in such manner as may be prescribed by statutes, regulations and procedures governing contracting by county governments, but no contract or acquisition by purchase of equipment, apparatus, materials or supplies involving more than five hundred dollars ($500) or for construction, installation, repair or improvement of the property or facilities involving more than five hundred dollars ($500) shall be made except after such contract has been advertised for bids. Advertisement is not required when an emergency arises and requires immediate delivery of the supplies or performance of the service.
Acts 1983, ch. 302, § 11.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-411 - Annual report

(a)
The board of directors of the authority shall report annually to the governing bodies of the various counties and cities within the boundaries of the authority.
(b)
Such reports shall include statements of financial receipts and expenditures and a summary of activities and accomplishments for the period and proposed plans for the next year and for subsequent years.
Acts 1983, ch. 302, § 9.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-412 - Audit of operations

(a)
The board of directors of the authority shall cause an annual audit to be made of the books and records of the authority. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall be filed with the clerk or recorder of the appropriate county or municipality, who shall then distribute copies to members of the appropriate legislative body. Within thirty (30) days after receipt by the authority, a copy of the annual audit shall also be filed with the chief administrative officer of the appropriate county or municipality. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b)
These audits shall be prepared by certified public accountants or by the department of audit. If the board of directors of the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the authority.
(c)
The comptroller of the treasury is authorized to modify the requirements for an audit as set out in this section for the authority whose activity, in the comptroller of the treasury's judgment, is not sufficient to justify the expenses of a complete audit.
Acts 1983, ch. 302, § 9; 2005, ch. 396, § 18.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-413 - Liberal construction

(a)
This part is remedial in nature and shall be liberally construed to effect its purposes of:
(1)
Promoting the movement and transfer of people, goods and merchandise to, from and through the boundaries of the authority;
(2)
Encouraging utilization of the natural resources therein; and
(3)
Promoting the growth and development of commerce and industry in the counties and cities.
(b)
Such liberal construction shall not work to override the application of the general statutes, regulations or procedures to the administrative or financial management practices of the authority in the same manner as they apply to county governments.
Acts 1983, ch. 302, § 15.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 2 - RAILROAD AUTHORITIES (§§ 64-2-101 — 64-2-414) › Part 4 - NORTH CENTRAL TENNESSEE RAILROAD AUTHORITY (§§ 64-2-401 — 64-2-414) › Section 64-2-414 - Part supplemental to other laws

The powers, authority and rights conferred by this part shall be in addition and supplemental to, and the limitations imposed by this part shall not affect, the powers conferred by any other general, special or local law.
Acts 1983, ch. 302, § 13.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-101 - Legislative findings

The general assembly finds and declares that:
(1)
Determination and effectuation of the best means for control of the flood waters of the waterways of Tennessee are public purposes essential to the integrated economic development of the areas drained by such streams and waterways and to the future economic welfare of the entire state;
(2)
Control of flood waters in the watershed of Mill Creek located in Davidson, Williamson and Rutherford counties by a local development authority will provide information on problems of water control and development; and
(3)
Creation of a local development authority is essential to the achievement of these objectives in the watershed of Mill Creek in Davidson, Williamson and Rutherford Counties.
Acts 1980, ch. 897, § 1; T.C.A., §
66-3-101
.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-102 - Creation of authority - Purposes

There is hereby created the Mill Creek watershed flood control authority, referred to as authority in this chapter, to exercise the powers granted in this chapter in and with respect to the portions of Davidson, Williamson and Rutherford counties making up the watershed of Mill Creek and for the purpose of cooperating with the United States corps of engineers and other federal agencies, including the Tennessee Valley authority, and state and local agencies for the construction and maintenance of flood control and drainage.
Acts 1980, ch. 897, § 2; T.C.A., §
66-3-102
.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-103 - Board of directors - Officers and employees - Expenses - Quorum

(a)
The authority shall be a body politic and corporate.
(b)
Subject to approval of the respective local legislative body as provided in §
64-3-106
, the authority shall be governed by a board of directors consisting of the following persons to represent their respective counties, if such county legislative body has approved this chapter:
(1)
The county mayor of Williamson County, the county mayor of Rutherford County and the metropolitan mayor from metropolitan Nashville-Davidson County as ex officio voting members; and
(2)
Six (6) additional members who are residents and owners of real property in such watershed district to be appointed by the county mayor of the respective county as follows: three (3) persons from Davidson County; two (2) persons from Williamson County; and one (1) person from Rutherford County. The terms of such members shall be four (4) years, except that for the initial appointments, two (2) members shall be appointed for two (2) years, two (2) members for three (3) years, and two (2) members for four (4) years. All initial terms shall begin on July 1, 1980, and all subsequent terms shall commence on the expiration date of such previous term. Each member shall serve until the member's successor is appointed and qualified. A person appointed to fill a vacancy shall be appointed for the unexpired term by the respective county mayor when such a vacancy occurs.
(c)
The board of directors of the authority shall elect a chair from its members, whose term shall be for four (4) years or for so long as the chair remains a member of the board. The board may elect such other officers as it deems necessary.
(d)
The directors shall serve without pay except for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority.
(e)
Five (5) members of the board or a majority of members to which the board is entitled by this chapter shall constitute a quorum, and no action binding the board shall become effective unless approved by such majority. No action binding the board shall become effective unless approved by five (5) affirmative votes.
(f)
(1)
The board may employ an executive secretary and such other persons as it deems necessary to carry out the purposes stated in this chapter, and the salary of any such employees may be paid out of such funds as may be available to the authority from any source.
(2)
The executive secretary shall be the custodian of funds belonging to the authority and shall keep such records and accounts as may be required by the board. The executive secretary shall also execute a corporate surety bond as prescribed by the board.
Acts 1980, ch. 897, § 3; T.C.A., §
66-3-103
; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-105 - Contributions by local governments authorized

Davidson, Williamson and Rutherford counties, and any municipality or metropolitan government in such counties, are hereby authorized and empowered to contribute to the work of the Mill Creek watershed flood control authority any amount or amounts as recommended by the authority that their respective governing bodies, acting in their sole discretion, shall approve, to be paid either from the general fund of the respective county or municipality or metropolitan government, or from a special ad valorem tax that such legislative bodies are hereby empowered to levy and collect for such purposes, which are hereby declared to be for municipal and county public purposes.
Acts 1980, ch. 897, § 6; T.C.A., § 66-3-106.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-106 - Participation by counties - Withdrawal

(a)
This chapter applies to Williamson, Rutherford and Metropolitan Nashville-Davidson counties for the purpose of implementing the programs established in this chapter, and any or all of these counties are hereby expressly authorized by the general assembly to participate in the programs established. However, prior to participation in such programs, the county legislative bodies of such counties shall express their desire to participate in the programs by means of a resolution to that effect, passed by each or all of the respective local legislative bodies of the counties involved. The resolution shall be approved by a two-thirds (2/3) vote of such legislative bodies within one hundred twenty (120) days of July 1, 1980.
(b)
Any county to which this chapter applies that has elected or elects to participate in the programs authorized by the chapter may withdraw from participation therein by resolution to that effect adopted by a two-thirds (2/3) vote of the county legislative body of such county. However, such withdrawal does not relieve such county of any of its then existing obligation on account of bonds or other evidence of indebtedness incurred by such county on account of its participation in the programs of the authority, and such obligation shall continue until discharged by the county.
Acts 1980, ch. 897, § 7; T.C.A., § 66-3-107.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-107 - Public hearings - Notice - Procedure

(a)
At least sixty (60) days before any contract is let or work begun upon any plan, improvement or project within the watershed of Mill Creek, which would result in the condemnation of any land, as provided in this chapter, a public hearing shall be held. Notice of the public hearing shall be by publication in a newspaper of general circulation in each of Davidson, Williamson and Rutherford counties. The publication shall be run once a week for three (3) consecutive weeks, the last of which shall be at least ten (10) days before the date set for the hearing. The notice shall generally contain the nature and scope of the proposed project, the estimated cost, the proposed method for the payment of the cost and the time and place of the hearing and shall notify the interested persons and landowners to appear and show cause why such project should not be approved and performed and of their right to be represented by counsel.
(b)
The hearing required by this chapter may be conducted by the chair of the authority or by hearing examiners designated by such chair who shall conduct such hearings in the name of such authority.
(c)
Opportunity shall be afforded all parties to respond in person or by attorney and present evidence and argument on all issues involved.
(d)
A record of the proceedings and of those who testify shall be taken and preserved. The record shall be made available on request to any person upon payment of a reasonable charge to cover the costs of preparation.
(e)
Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
Acts 1980, ch. 897, § 8; T.C.A., § 66-3-108.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 3 - FLOOD CONTROL AUTHORITIES (§§ 64-3-101 — 64-3-108) › Section 64-3-108 - Effect on other laws

The provisions of any other law, general, special or local, except as provided in this chapter, do not apply to the authority incorporated under this chapter; and, where such laws may be in conflict with the provisions hereof, this chapter shall be controlling. Nothing in this chapter shall be construed as impairing the powers and duties of the department of environment and conservation of this state or any department of the United States natural resources conservation service or its districts or agents.
Amended by 2021 Tenn. Acts, ch. 203, s 20, eff. 4/22/2021.
Acts 1980, ch. 897, § 5; T.C.A., § 66-3-105.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-101 - Short title

This chapter shall be known and may be cited as the "Tennessee River Four-County Port Authority Act."
Acts 1980, ch. 900, § 1; T.C.A., §
66-4-101
.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-102 - Legislative findings - Public and governmental character of port authorities - Declaration of public necessity

(a)
It is declared that a clear need exists in rural areas of Tennessee for improved transportation and navigation for the movement and transportation of people, goods and merchandise and for the creation of expanded employment opportunities through the promotion of commerce and industry and with minimal pollution, which require that such rural areas shall have the option of placing the central operation and financing of such rural port and development agencies within rural instrumentalities, and that such instrumentalities have the authority to acquire from the state or other owners real and personal property and to develop, manage and operate the same for economic and industrial development.
(b)
It is further declared that port authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and that the acquisition, operation, financing and disposal of ports, lands, industrial and other related facilities are declared to be for public and governmental purposes and a matter of public necessity.
Acts 1980, ch. 900, § 2; T.C.A., §
66-4-102
.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-103 - Authority established - Purposes

(a)
There is established in Decatur, Hardin, Perry and Wayne counties a port authority to be known as the "Tennessee River four-county port authority."
(b)
The port authority shall be established for the purposes of:
(1)
Acquiring, constructing, operating and maintaining ports and navigation terminals on the Tennessee River, including docks, wharves, piers, loading and unloading machinery, scales, transportation equipment, harbor and riverfront improvements, storage and transfer facilities, elevators and all other advisable appurtenant port and terminal facilities;
(2)
Acquiring, holding, improving and disposing of lands in the vicinity of such ports and terminals that are suitable for the various purposes set forth in this section and for use by manufacturing, processing or fabricating plants or other industries that require access to the waters of the Tennessee River in their operations; and
(3)
Acquiring, constructing, operating and maintaining railroads, switchyards, concentration yards, recreation and water sports facilities, roads and bridges, and communication, electric power, gas, water and all other utility facilities, including the aforementioned industrial sites, and to provide that the same shall be under the jurisdiction, control and management of the port authority as provided in this chapter.
Acts 1980, ch. 900, § 3; T.C.A., §
66-4-103
.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-106 - Transfer to authority of interests in land

Any one (1) of the participating counties, Decatur, Hardin, Perry or Wayne, upon the written recommendation of the port authority commissioners, may acquire any interest in land within the boundaries of the county by gift, purchase or lease and may transfer the interest to the authority by sale, lease or gift. The transfer may be authorized by resolution of the governing body of the county without submission of the question to the voters and without regard to the requirements, restrictions or other provisions contained in any other general, special or local law.
Acts 1980, ch. 900, § 6; T.C.A., § 66-4-106; Acts 2006, ch. 863, § 8.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-107 - Facilities free from outside control - Tax-exempt status - Payments to authority in lieu of ad valorem taxes

(a)
The participating counties, Decatur, Hardin, Perry and Wayne, and the board of commissioners are not required to obtain any certificate of convenience or necessity, franchise, license, permit or other authorization from any bureau, board, commission or other like instrumentality of the state or any political subdivision thereof, in order to acquire, construct, purchase, operate or maintain any of the facilities authorized by this chapter.
(b)
Neither the Tennessee public utility commission nor any other board or commission of like character hereafter created has jurisdiction over the port authority with respect to the management and control of the facilities authorized by this chapter, including the establishment of rates, fees and charges or otherwise.
(c)
(1)
The property and revenues of the authority or any interest therein is exempt from all state, county and municipal taxation.
(2)
Bonds issued pursuant to this chapter and the income therefrom are exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.
(3)
(A)
The exemption from taxation shall not extend to any leasehold or other interest in property of the authority that may be held by any private person or private corporation.
(B)
The port authority has the power to negotiate and accept from the authority's lessees payments in lieu of ad valorem taxes. Any such power shall be granted only upon a finding that such payments are deemed to be in furtherance of the authority's public purpose as established by this chapter. The amount of such payments shall not be fixed below the lesser of:
(i)
Ad valorem taxes otherwise due and payable by a taxpaying entity upon the current fair market value of the leased properties; or
(ii)
Ad valorem taxes that were or would have been due and payable on the leased properties for the period immediately preceding the date of their acquisition by the authority.
Amended by 2017 Tenn. Acts, ch. 94, s 43, eff. 4/4/2017.
Acts 1980, ch. 900, § 7; T.C.A., § 66-4-107; Acts 1995, ch. 305, § 118.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-108 - Powers of participating counties

The county legislative bodies of Decatur, Hardin, Perry and Wayne counties, individually or together, have all necessary powers in order to further the purposes of this chapter. The participating counties are authorized to appropriate to the port authority from their general funds, or such other funds as may be unappropriated, in furtherance of the powers granted by this chapter including, without limitation, the following, any or all of which powers may be exercised by resolution of their governing bodies:
(1)
Advance, donate or lend money, raised from any source and by any means, or real or personal property, to the authority;
(2)
Provide that any funds on hand or to become available to it for port purposes shall be paid directly to the authority;
(3)
Cause water, sewer, gas, electric or other utility services to be provided to the authority;
(4)
Open and improve streets, roads and alleys to the port;
(5)
Provide police and fire protection services to the port;
(6)
Pay the expenses of the port authority board of commissioners or the expenses of operation of any of the facilities authorized by this chapter;
(7)
Levy a tax, in addition to all other taxes, upon all taxable property within each county, sufficient to pay the appropriation made by it to the port authority; and
(8)
Pledge the full faith and credit and unlimited taxing power of the county as surety to the payment of the authority's bonds.
Acts 1980, ch. 900, § 8; T.C.A., § 66-4-108.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-109 - Payment of preliminary expenses by participating counties - Repayment

(a)
A share of all expenses actually incurred by the board of commissioners in the making of surveys, estimates of cost and of revenue, employment of engineers, attorneys or other employees, the giving of notices, taking of options, selling of bonds and all other preliminary expenses of whatever nature that the board deems necessary in connection with or precedent to the acquisition or improvement of any of the facilities provided for in this chapter and that the board deems necessary to be paid prior to the issuance and delivery of the bonds issued pursuant to this chapter may be met and paid out of the general funds of each of the participating counties of Decatur, Hardin, Perry and Wayne not otherwise appropriated or from any other fund available, as may be provided by the county legislative body of the counties.
(b)
All such payments from the general or other funds shall be considered as temporary, noninterest-bearing loans and shall be repaid immediately upon sale and delivery of the bonds, and claims for such repayment have priority over all other claims against the proceeds derived from the sale of such bonds.
Acts 1980, ch. 900, § 9; T.C.A., § 66-4-109.
2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 4 - TENNESSEE RIVER FOUR-COUNTY PORT AUTHORITY ACT (§§ 64-4-101 — 64-4-116) › Section 64-4-111 - Bondholders' rights in event of default

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