reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 3 - MUNICIPAL ELECTRIC SYSTEM TAX EQUIVALENT LAW OF 1987 (§§ 7-52-301 — 7-52-310) › Section 7-52-307 - Payments to taxing jurisdictions

The municipality's governing body, in the resolution provided for in §
7-52-304(4)
, except to the extent otherwise provided in any contract, established arrangement authorized or validated under §
7-52-306
, or distribution provisions of any private act, home rule or metropolitan government charter, shall direct payment of the tax equivalent amounts to the taxing jurisdictions in which its electric plant in service is located on the following basis and subject to the following terms and conditions:
(1)
For each fiscal year, the municipality shall allocate twenty-two and one-half percent (22.5%) of the total tax equivalent paid for that fiscal year as provided in §
7-52-304(1)
, or §
7-52-304(5)
where applicable, to payments in lieu of all taxes or other charges for the benefit of county taxing jurisdictions. The municipality shall divide the amount so allocated among such county taxing jurisdictions in proportion to the ratios of the net plant values of the electric plant and the book values of materials and supplies within the boundaries of the respective county taxing jurisdictions to the total net plant value and the total book value of materials and supplies, and make such reductions as may be required under §
7-52-304(3) and (4)
. If the municipality is, itself, a county taxing jurisdiction, it shall be entitled to retain for itself, in addition to any other tax equivalents, its respective proportionate share of the twenty-two and one-half percent (22.5%) amount;
(2)
For each fiscal year, the municipality shall allocate to each city taxing jurisdiction, other than itself, in lieu of all taxes or other charges for the benefit of that city taxing jurisdiction, an amount equal to the equalized property tax rate of such other city taxing jurisdiction multiplied by the net plant value of the electric plant, plus the book value of materials and supplies located within the boundaries of such other city taxing jurisdiction multiplied by the assessment ratio, and make such reductions as may be required under §
7-52-304(3) and (4)
;
(3)
The maximum to be paid into the municipality's general fund shall be the balance of the total tax equivalent, after deducting the amounts determined under subdivisions (1) and (2); and
(4)
Notwithstanding subdivisions (1)-(3), until the first fiscal year in which the maximum amount for tax equivalents, calculated as provided in §
7-52-304(1)
, exceeds the tax equivalent amount for the twelve (12) months ended June 30, 1987, any distribution payment to a taxing jurisdiction for any fiscal year shall not be greater than the amount paid to such taxing jurisdiction for the twelve (12) months ended June 30, 1987.
Acts 1987, ch. 84, § 8.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 3 - MUNICIPAL ELECTRIC SYSTEM TAX EQUIVALENT LAW OF 1987 (§§ 7-52-301 — 7-52-310) › Section 7-52-308 - Operations in adjacent states

In the event a municipality conducts electric system operations outside the state, the maximum tax equivalent specified in this part shall not preclude the municipality's collecting from the electric system the additional amounts necessary to make appropriate tax or tax equivalent payments to taxing jurisdictions in the adjacent state or states in which the electric system operations are conducted in accordance with the applicable statutory requirements of such adjacent state or states.
Acts 1987, ch. 84, § 9.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 3 - MUNICIPAL ELECTRIC SYSTEM TAX EQUIVALENT LAW OF 1987 (§§ 7-52-301 — 7-52-310) › Section 7-52-309 - Distribution by private act or home rule or metropolitan government charter

Notwithstanding §
7-52-307
, in the event any tax equivalent distribution provisions of any private act, home rule or metropolitan government charter direct that the tax equivalent amount to be distributed to each taxing district is to be an amount arrived at by applying the current ad valorem tax rate in that district to the depreciated original cost of the electric system's tangible property, including materials and supplies, used or usable in electric operations in that district, such distribution provisions, which are subject to §
7-52-304(5)
, shall continue in effect until such time as §
7-52-304(5)
ceases to be applicable, and shall then be repealed. Thereafter, in the absence of any contract as provided in §
7-52-306
, the municipality shall allocate the total tax equivalent paid for each fiscal year, to each taxing jurisdiction, in proportion to the ratio of:
(1)
The value arrived at by adding the net plant value of the electric plant and the book value of materials and supplies within the boundaries of such taxing jurisdiction and multiplying that sum by the equalized property tax rate of such taxing jurisdiction; to
(2)
The total of such values calculated for all taxing jurisdictions, and make such reductions as may be required under §
7-52-304(3) and (4)
.
Acts 1987, ch. 84, § 10.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 3 - MUNICIPAL ELECTRIC SYSTEM TAX EQUIVALENT LAW OF 1987 (§§ 7-52-301 — 7-52-310) › Section 7-52-310 - Repeal of conflicting provisions

Except as otherwise expressly provided in this part, all acts or parts of acts, including parts of any private act, or home rule, or metropolitan government charter, in conflict with this part are, to the extent of such conflict with this part, repealed.
Acts 1987, ch. 84, § 11.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-401 - Authority in relation to telecommunications equipment and services

Every municipality operating an electric plant, whether pursuant to this chapter, any other public or private act or the provisions of the charter of the municipality, county or metropolitan government, has the power and is authorized, on behalf of its municipality acting through the authorization of the board or supervisory body having responsibility for the municipal electric plant, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge or otherwise dispose of any system, plant or equipment for the provision of telephone, telegraph, telecommunications services, or any other like system, plant, or equipment within or without the corporate or county limits of such municipality, and, with the consent of such other municipality, within the corporate or county limits of any other municipality, in compliance with title 65, chapters 4 and 5, and all other applicable state and federal laws, rules and regulations. A municipality shall only be authorized to provide telephone, telegraph or telecommunications services through its board or supervisory body having responsibility for the municipality's electric plant. A municipality providing any of the services authorized by this section may not dispose of all or substantially all of the system, plant and equipment used to provide such services except upon compliance with the procedures set forth in §
7-52-132
. Notwithstanding §
65-4-101(6)(B)
or any other provision of this code or of any private act, to the extent that any municipality provides any of the services authorized by this section, such municipality shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other certificated providers of telecommunications services, including, but not limited to, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in §
65-4-101
, but only to the extent necessary to effect such regulation and only with respect to such municipality's provision of telephone, telegraph and communication services.
Amended by 2017 Tenn. Acts, ch. 94,s 14, eff. 4/4/2017.
Acts 1997, ch. 531, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-402 - Subsidies - Municipal costs

A municipality providing any of the services authorized by §
7-52-401
shall not provide subsidies for such services. Notwithstanding that limitation, a municipality providing such services shall be authorized to:
(1)
Dedicate a reasonable portion of the electric plant to the provision of such services, the costs of which shall be allocated to such services for regulatory purposes; and
(2)
Lend funds, at a rate of interest not less than the highest rate then earned by the municipality on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any of the services authorized under §
7-52-401
; provided, that such interest costs shall be allocated to the cost of such services for regulatory purposes. Any loan of funds made pursuant to this section shall be approved in advance by the comptroller of the treasury or the comptroller's designee and shall contain such provisions as are required by the comptroller of the treasury or the comptroller's designee.
Acts 1997, ch. 531, § 3; 2010, ch. 868, § 19.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-403 - Applicability to municipalities - Municipalities subject to regulatory laws and rules

(a)
To the extent that it provides any of the services authorized by §
7-52-401
, a municipality has all the powers, obligations and authority granted entities providing telecommunications services under applicable laws of the United States or the state of Tennessee. To the extent that such authority and powers do not conflict with title 65, chapter 4 or 5, and any rules, regulations, or orders issued under title 65, chapter 4 or 5, a municipality providing any of the services authorized by §
7-52-401
has all the authority and powers with respect to such services as are enumerated in this chapter.
(b)
Notwithstanding the authorization granted in subsection (a), a municipal electric system shall not provide any of the services authorized by §
7-52-401
unrelated to its electric services within the service area of an existing telephone cooperative with fewer than one hundred thousand (100,000) total lines organized and operating under title 65, chapter 29, and therefore shall adhere to those regulations of the 1995 Tennessee Telecommunications Act and rules of the Tennessee public utility commission that are applicable to the telephone cooperatives, and specifically §§
65-4-101
and
65-29-130
.
Amended by 2017 Tenn. Acts, ch. 94, s 15, eff. 4/4/2017.
Acts 1997 , ch. 531, §§ 4, 9.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-404 - Tax equivalent payments

A municipality providing any of the services authorized by §
7-52-401
shall make tax equivalent payments with respect to such services in the manner established for electric systems under part 3 of this chapter. For purposes of the calculation of such tax equivalent payments only, the system, plant, and equipment used to provide such services, shall be considered an electric plant, and the revenues received from such services shall be considered operating revenues. For regulatory purposes, a municipality shall allocate to the costs of any services authorized by §
7-52-401
an amount equal to a reasonable determination of the state, local, and federal taxes that would be required to be paid for each fiscal year by a nongovernmental corporation that provides the identical services.
Acts 1997, ch. 531, § 5.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-405 - Allocation of costs by municipalities

For regulatory purposes, a municipality shall allocate to the costs of providing any of the services authorized by §
7-52-401
:
(1)
An amount for attachments to poles owned by the municipality equal to the highest rate charged by the municipality to any other person or entity for comparable pole attachments; and
(2)
Any applicable rights-of-way fees, rentals, charges, or payments required by state or local law of a nongovernmental corporation that provides the identical services.
Acts 1997, ch. 531, § 6.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-406 - Licensing laws not superseded - Applicability to cable services

(a)
Nothing in this part or in §
7-52-102(10)
or §
7-52-117(d)
, as amended by chapter 531 of the Public Acts of 1997, shall be construed to allow a municipality to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3.
(b)
Nothing in this part and §
7-52-102(10)
or §
7-52-117(d)
, as amended by chapter 531 of the Public Acts of 1997, or any private act, charter, metropolitan charter, or amendments to any private act, charter or metropolitan charter, shall allow a municipality, county, metropolitan government, department, board or other entity of local government to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3 or to provide pager service.
Acts 1997, ch. 531, §§ 10, 12; 1999, ch. 481, § 4.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-407 - Supersession of conflicting laws

This part and §
7-52-102(10)
or §
7-52-117(d)
, as amended by chapter 531 of the Public Acts of 1997, supersede any conflicting provisions of general law, private act, charter or metropolitan charter provisions.
Acts 1997, ch. 531, § 11.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-408 - [Repealed]

Repealed by 2013 Tenn. Acts, ch. 204, s 1, eff. 4/23/2013.
Acts 2005, ch. 413, § 2; 2007 , ch. 164, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-409 - [Repealed]

Repealed by 2013 Tenn. Acts, ch. 204, s 2, eff. 4/23/2013.
Acts 2005, ch. 413, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 4 - TELECOMMUNICATIONS SERVICES (§§ 7-52-401 — 7-52-411) › Section 7-52-410 - [Repealed]

Repealed by 2013 Tenn. Acts, ch. 204, s 3, eff. 4/23/2013.
Acts 2005, ch. 413, § 3.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 5 - SEPARATE RETIREMENT SYSTEMS (§§ 7-52-501 — 7-52-502) › Section 7-52-501 - Municipal electric plants authorized to maintain prior retirement system

Every municipality operating a utility system that includes an electric plant, whether pursuant to this part or any other public or private act or the provisions of the charter of the municipality, county or metropolitan government, that acquires an existing utility system from a municipality, electric cooperative or utility district, has the power and is authorized, but is not obligated, by action of the board or supervisory body having responsibility for such municipality's utility system, to retain and continue to operate as a separate retirement system any retirement system that was in effect on the date of such acquisition for the employees and retirees of the acquired utility system. Any such municipality shall also have the power and authority to modify, consolidate, amend, open, close and terminate the plans constituting such separate retirement system, and to establish such associated trusts as are necessary and prudent for the proper administration, operation and maintenance of such separate retirement system. Upon the effective date of the acquisition of a utility system in which an election is made to continue the operation of a separate retirement system, as provided for in this section, the assets and liabilities of the separate retirement system shall be transferred to the acquiring municipal utility system and, from and after such date, such assets and liabilities shall be the sole obligation and responsibility of the acquiring municipal utility system and the separate retirement system, but shall not be the obligation of any general retirement system that was in effect for the acquiring municipal utility system prior to the acquisition date. All such assets shall be segregated from the assets of the retirement system of the acquiring utility system and shall be accounted for separately. Such funds may be managed in the same manner as the assets of the retirement system of such acquiring utility system. Nothing in this section shall be construed to impair or diminish the vested rights of any participant in the separate retirement system of the acquired utility system.
Acts 1998, ch. 625, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 5 - SEPARATE RETIREMENT SYSTEMS (§§ 7-52-501 — 7-52-502) › Section 7-52-502 - Preemption of conflicting laws

This part supersedes any conflicting provisions of general law, private act, charter or metropolitan charter.
Acts 1998, ch. 625, § 3.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-603 - Separate division to provide services - Costs and charges

(a)
(1)
(A)
A municipal electric system shall establish a separate division to deliver any of the services authorized by this part. The division shall maintain its own accounting and record-keeping system. A municipal electric system may not subsidize the operation of the division with revenues from its power or other utility operations.
(B)
A municipal electric system may lend funds, at a rate of interest not less than the highest rate then earned by the municipal electric system on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any of the services authorized by this part; provided, that such interest costs shall be allocated to the cost of such services.
(2)
The division shall be subject to the terms and conditions of those types of provisions generally provided in existing or future pole attachment agreements, including without limitation, allocation of costs for rates, insurance, and other related costs, and the responsibility for make-ready provisions, that are applicable to private providers of services provided by the division under this part.
(3)
In response to facility installation, maintenance, or relocation requests made under a pole attachment agreement by a private provider of services provided by the division under this part, the municipal electric system shall provide the same response times and service quality as the municipal electric system provides for requests of the division for such services and shall provide nondiscriminatory access to these facilities. Nothing in this subsection (a) shall impair the rights of a municipal electric system under its pole attachment agreement with the private provider of services.
(b)
A municipal electric system providing any of the services authorized by this part shall fully allocate any costs associated with the services provided under this part to the rates for those services.
(c)
A municipal electric system providing any of the services authorized by this part shall establish and charge rates that cover all costs related to the provision of such services.
(d)
A municipal electric system shall charge or allocate as costs to the division the same pole rate attachment fee as it charges any other franchise holder providing the same service.
(e)
Any fee imposed by the municipality on a private provider of cable services, shall also be allocated to the division.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-604 - Guidelines for accounting - Audits - Financial reports

(a)
The comptroller of the treasury shall adopt, after consideration of written comments submitted by any interested party, guidelines or procedures to establish appropriate accounting principles applicable to the division's affiliated transactions and cost allocation. The development of such guidelines or procedures shall not be deemed a rule-making proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
A municipal division providing the services authorized by this part is subject to a finance and compliance audit under §
6-56-105
, which audit shall be conducted in accordance with enterprise fund accounting principles under generally accepted accounting principles.
(c)
On or before June 30, 2005, the office of the comptroller of the treasury shall prepare a report to the general assembly evaluating the operations of municipal electric systems offering services permitted by this part, which shall include a recommendation as to whether the authority to provide such services should be expanded, restricted or terminated.
(d)
Except for two (2) municipal electric systems located in the middle grand division of the state, no additional municipal electric system shall apply or be granted authorization to provide the services described in §
7-52-601
until February 1, 2006, at which time the general assembly shall receive and consider the comptroller's report described in subsection (c); provided, however, that municipal electric systems presently operating pursuant to §
7-52-601
on June 7, 2005, or having received approval pursuant to §
7-52-602
as of June 7, 2005, shall not be subject to the requirements of this subsection (d).
Acts 1999, ch. 481, § 1; 2005, ch. 362, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-605 - Powers and obligations of service providers

To the extent that it provides any of the services authorized by this part, a municipal electric system shall have all the powers, obligations, and authority granted entities providing similar services under applicable laws of the United States, the state of Tennessee or applicable municipal ordinances.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-606 - Tax payments - Payments in lieu of taxes

(a)
A municipal electric system providing any of the services authorized by this part shall make tax equivalent payments with respect to such services in the manner established for electric systems under part 3 of this chapter; provided, that such payments shall not include amounts based on net system revenues as provided in §
7-52-304(1)(B)
. For purposes of the calculation of such tax equivalent payments only, the system, plant, and equipment used to provide such services shall be considered an electric plant, and the revenues received from such services shall be considered operating revenues. The amount payable pursuant to this subsection (a) shall not exceed the amount that would otherwise be due from a municipality were it a private provider of such services paying ad valorem taxes.
(b)
In addition to the requirement of subsection (a), and notwithstanding any other law to the contrary, a division of the municipal electric system providing the cable services, Internet services, two-way video transmission or video programming services authorized by this part, is subject to payment to the appropriate units of government of an amount in lieu of the following taxes on that part of its revenues, plant and facilities dedicated or allocated to those services described in §
7-52-601(a)
, to the same extent as if it were a private provider of such services:
(1)
Excise and franchise tax law under title 67, chapter 4, parts 20 and 21;
(2)
Sales tax law under title 67, chapter 6; and
(3)
Local privilege tax law under title 67, chapter 4, part 7.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-607 - Financing powers of service providers

Any municipality authorized by this part to provide any of the services described in this part shall have the power and is hereby authorized to borrow money, contract debts and issue its bonds or notes to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment or extension of a system or systems, or any part of the system or systems, to provide any of such services, including the acquisition of land or rights in land and the acquisition and installation of all equipment necessarily incident to the provision of such services. Any bonds or notes authorized to be issued pursuant to this section shall be issued only in accordance with the procedures, requirements and limitations set forth in chapter 34 of this title, or the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21, as elected by the municipality issuing the bonds or notes. All provisions of chapter 34 of this title, or the Local Government Public Obligations Act of 1986, relating to the authorization, issuance and sale of bonds or notes, the use and application of revenues of the system or systems being financed, powers to secure such bonds and notes, covenants and remedies for the benefit of bond or note holders with respect to such bonds or notes, validity and tax exemption with respect to such bonds or notes, and powers to refund and refinance such bonds or notes shall apply to any bonds or notes authorized hereunder and the system or systems financed thereby with the same effect as if such system or systems were a "public works" if proceeding under chapter 34 of this title, or a "public works project" if proceeding under the Local Government Public Obligations Act of 1986.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-608 - Conflicting law or provisions

This part supersedes any conflicting provisions of general law, private act, charter or metropolitan charter provisions.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-609 - Civil actions

A franchisee under chapter 59 of this title operating in the service area of the municipal electric division providing services under this part may bring a civil action for injunctive or declaratory relief for a violation under this part, and may recover actual damages upon a showing of a willful violation under this part. Jurisdiction and venue for such action shall be in the chancery court in the county where the alleged violation is occurring or will occur. Such actions shall be scheduled for hearing as a priority by the court.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-610 - Liability of service providers

A division established by a municipal electric system to deliver any of the services authorized by this part shall not be considered a governmental entity for the purposes of the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
Acts 1999, ch. 481, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 52 - MUNICIPAL ELECTRIC PLANTS (§§ 7-52-101 — 7-52-611) › Part 6 - CABLE TELEVISION, INTERNET AND RELATED SERVICES (§§ 7-52-601 — 7-52-611) › Section 7-52-611 - Customer right to action for damages

A customer of a municipal electric system shall have a right of action to recover damages against such system pursuant to this part.
Acts 1999, ch. 481, § 6.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 1 - GENERAL PROVISIONS (§§ 7-53-101 — 7-53-106) › Section 7-53-103 - Dissolution - Disposition of property

Whenever the board of directors of the corporation shall by resolution determine that there has been substantial compliance with the purposes for which the corporation was formed and all bonds issued and all obligations theretofore incurred by the corporation have been fully paid, the then members of the board of directors of the corporation shall then execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the corporation to be dissolved. Such certificate of dissolution shall be executed under the corporate seal of the corporation. Upon the filing of such certificate of dissolution, the corporation shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the municipality, and possession of such funds and properties shall forthwith be delivered to such municipality.
Acts 1955, ch. 210, § 16; T.C.A., § 6-2815.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 1 - GENERAL PROVISIONS (§§ 7-53-101 — 7-53-106) › Section 7-53-104 - Corporations acting jointly

(a)
The authorities and powers conferred in this chapter upon corporations created under this chapter may be exercised by two (2) or more such corporations acting jointly.
(b)
Two (2) or more municipalities may, by acting jointly, incorporate a public corporation to effectuate the purposes of this chapter. When two (2) or more municipalities incorporate such a public corporation, each and every requisite pertaining to the application for incorporation, qualifications of applicants, certificate of incorporation, amendment of certificate and the manner of pledging municipal credit through the submission by referendum election shall be incumbent in like manner upon each municipality joining in the creation of this public corporation. An officer of a municipality or the city manager or other comparable chief administrative officer of a municipality, but not any other employee, may serve as a director of a corporation that is jointly incorporated by two (2) or more municipalities. Notwithstanding §
7-53-301
, the term of office of any director of the corporation who is an officer or employee of a municipality may be coextensive with the period of time that the director serves as an officer or employee of the municipality.
Acts 1955, ch. 210, § 18; 1968, ch. 625, § 1; T.C.A., § 6-2817; Acts 2009, ch. 84, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 1 - GENERAL PROVISIONS (§§ 7-53-101 — 7-53-106) › Section 7-53-105 - Provisions cumulative

Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers the corporation might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the corporation or the issuance of any bonds or any instrument as security for the bonds, except as provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the corporation, or to impair any power over the properties of the corporation of any official or agency of the state and its governmental subdivisions that may be otherwise provided by law.
Acts 1955, ch. 210, § 19; T.C.A., § 6-2818.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 1 - GENERAL PROVISIONS (§§ 7-53-101 — 7-53-106) › Section 7-53-106 - Powers supplementary - Provisions severable

(a)
The powers conferred by this chapter shall be in addition and supplementary to, and the limitations by this chapter shall not affect the powers conferred by any other general, special or local law. Projects may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for such purposes, notwithstanding that any other general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like project, 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.
(b)
If any one (1) or more sections or provisions of this chapter, including, without limitation, the provisions of §
7-53-310
authorizing the transfer of a project site by a municipality to a corporation, the provisions of §
7-53-305
exempting the corporation and its properties from taxation, and the provisions of §
7-53-306
authorizing the pledge of municipal credit, or the application of the sections or provisions to any person or circumstance, are ever held by any court of competent jurisdiction to be invalid, the remaining provisions of this chapter and the application of this chapter to persons or circumstances other than those to which it is held to be invalid, shall not be affected thereby, it being the intention of this general assembly to enact the remaining provisions of this chapter, notwithstanding such invalidity.
Acts 1959, ch. 222, § 6; T.C.A., § 6-2820.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 2 - INCORPORATION (§§ 7-53-201 — 7-53-204) › Section 7-53-201 - Application for incorporation - Qualifications of applicants - Certificate

Whenever any number of natural persons, not less than three (3), each of whom shall be a duly qualified elector of and taxpayer in the municipality, files with the governing body of the municipality an application in writing seeking permission to apply for the incorporation of an industrial development board or corporation of such municipality, the governing body shall proceed to consider such application. If the governing body, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that the corporation be formed and authorizes the persons making such application to proceed to form such corporation and approves the form of certificate of incorporation proposed to be used in organizing the corporation, then the persons making such application shall execute, acknowledge and file a certificate of incorporation for the corporation provided in this part. No corporation may be formed unless such application shall have first been filed with the governing body of the municipality and the governing body shall have adopted a resolution as provided in this section.
Acts 1955, ch. 210, § 3; T.C.A., § 6-2803.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 2 - INCORPORATION (§§ 7-53-201 — 7-53-204) › Section 7-53-202 - Requisites of certificate of incorporation - Acknowledgment

(a)
The certificate of incorporation shall set forth:
(1)
The names and residences of the applicants, together with a recital that each of them is an elector of and taxpayer in the municipality;
(2)
The name of the corporation, which shall be The Industrial Development Board of the ______________ of ______________, the blank spaces to be filled in with the name of the municipality, including the proper designation of the municipality as a city or town, if such name shall be available for use by the corporation and, if not available, then the incorporators shall designate some other similar name that is available;
(3)
A recital that permission to organize the corporation had been granted by resolution duly adopted by the governing body of the municipality and the date of the adoption of such resolution;
(4)
The location of the principal office of the corporation, which shall be in the municipality;
(5)
The purposes for which the corporation is proposed to be organized;
(6)
The number of directors of the corporation;
(7)
The period, if any, for the duration of the corporation; and
(8)
Any other matter the applicants may choose to insert in the certificate of incorporation, which shall not be inconsistent with this chapter or with the laws of the state of Tennessee.
(b)
The certificate of incorporation shall be subscribed and acknowledged by each of the applicants before an officer authorized by the laws of Tennessee to take acknowledgments to deeds.
Acts 1955, ch. 210, § 4; T.C.A., § 6-2804.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 2 - INCORPORATION (§§ 7-53-201 — 7-53-204) › Section 7-53-203 - Approval of certificate by secretary of state - Recording

When executed and acknowledged in conformity with §
7-53-202
, the certificate of incorporation shall be filed with the secretary of state. The secretary of state shall then examine the certificate of incorporation and, if the secretary of state finds that the recitals contained in the certificate are correct, that there has been compliance with the requirements of §
7-53-202
, the secretary of state shall approve the certificate of incorporation and record it in an appropriate book or record in the secretary of state's office. When such certificate has been so made, filed and approved, the applicants shall constitute a public corporation under the name set out in the certificate of incorporation.
Acts 1955, ch. 210, § 5; T.C.A., § 6-2805; Acts 1995, ch. 364, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 2 - INCORPORATION (§§ 7-53-201 — 7-53-204) › Section 7-53-204 - Amendment of certificate

The certificate of incorporation may at any time and from time to 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 certificate of incorporation in the first instance. Any such amendment shall be effected in the following manner: the members of the board of directors of the corporation shall file with the governing body of the municipality an application in writing seeking permission to amend the certificate of incorporation, specifying in such application the amendment proposed to be made. Such governing body shall consider such 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 same to be made, and shall approve the form of the proposed amendment, then the persons making such application shall execute an instrument embodying the amendment specified in such application, and shall file the instrument with the secretary of state. The proposed amendment shall be subscribed and acknowledged by each member of the board of directors before an officer authorized by the laws of Tennessee to take acknowledgments to deeds. The secretary of state shall then examine the proposed amendment and, if the secretary of state finds that there has been compliance with the requirements of this section and the proposed amendment is within the scope of what might be included in an original certificate of incorporation, the secretary of state shall approve the amendment and record it in an appropriate book in the secretary of state's office. When such amendment has been so made, filed and approved, it shall then become effective and the certificate of incorporation shall then be amended to the extent provided in the amendment. No certificate of incorporation shall be amended except in the manner provided in this section.
Acts 1955, ch. 210, § 6; T.C.A., § 6-2806.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 53 - INDUSTRIAL DEVELOPMENT CORPORATIONS (§§ 7-53-101 — 7-53-317) › Part 3 - OPERATION AND POWERS (§§ 7-53-NEW — 7-53-317) › Section 7-53-NEW - [Newly enacted section not yet numbered] (§ 7-53-NEW) › 3

(a)
Notwithstanding §§ 7-53-306 and 7-53-307, a municipality may aid or otherwise provide assistance to a corporation, including, without limitation, by granting, contributing, or pledging to or for the benefit of the corporation revenues derived from any source except revenues derived from ad valorem property taxes, for that portion of any project:
(1)
Owned by the corporation; and
(2)
Consisting of facilities described in § 7-53-101 (15)(A)(x), for such term or terms and upon such conditions as may be determined by the governing body of the municipality.
(b)
(1)
This section applies to a municipality that:
(A)
Has some amount of long-term general obligation indebtedness outstanding that is rated in not lower than the third rating category for longterm debt instruments (AA/Aa2) by a nationally recognized rating agency for municipal securities, without regard to the effect of any credit agreement or other form of credit enhancement entered into in connection with such rated indebtedness; and
(B)
Has submitted, in association with each individual proposed project, to the comptroller a plan for the provision of assistance to the corporation and received from the comptroller a written determination that such plan is in the best interest of the state.
(c)
(1)
At a minimum, the plan submitted pursuant to subdivision (b)(1)(B) must contain the nature and feasibility of the project, how the public-private partnership for the entire project is structured, the risks to the municipality, how those risks are mitigated, the proposed types of assistance, and a description of how the plan is in the best interest of the state.
(2)
The plan submitted pursuant to subdivision (b)(1)(B) is deemed approved if the written determination by the comptroller is not rendered within sixty (60) days of the comptroller's receipt of the complete plan from the municipality. The plan is not deemed received until complete, and the comptroller may request any additional information as deemed necessary for the review.
(d)
The issuance of the debt in total with all other debt of the municipality being secured by a pledge of non-ad valorem taxes may not exceed a debt service coverage ratio determined by the comptroller.
Added by 2024 Tenn. Acts, ch. 1012,s 1, eff. 5/28/2024.