Part 1
Beech River Watershed Development Authority

Part 1
North East Tennessee Railroad Authority

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.

Cross-References. Power of municipalities in flood control, title 7, ch. 32.

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.

64-3-103. Board of directors — Officers and employees — Expenses — Quorum.

1. The authority shall be a body politic and corporate.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

64-3-104. Powers and duties.

1. The authority is hereby specifically authorized and empowered to do any and all things necessary or desirable in forming and executing a comprehensive plan for controlling the flooding of the Mill Creek watershed, including, but not limited to, action in cooperation, when necessary or desirable, with appropriate local, state and federal agencies in prosecuting adopted and authorized projects for the construction of dams, floodways, drainage canals, reservoirs, channel rectification and other flood control and drainage works within the Mill Creek watershed to prevent losses caused by flooding. To that end, the authority:
   1. Shall have succession in its corporate name;
   2. May sue and be sued in its corporate name;
   3. May adopt and use a corporate seal;
   4. May establish, amend and repeal bylaws and make all rules and regulations deemed expedient for the management of its corporate affairs and to accomplish the purposes of this chapter;
   5. May make contracts, conveyances, mortgages, deeds of trust, bonds or leases and execute instruments containing such terms, provisions and conditions as in the judgment of the board may be necessary, proper or advisable in the exercise of the powers conferred upon it in this section, including, but not limited to, contracts for grants, loans or other assistance from any federal agency or other agency or person and contracts with corporations, associations or individuals for construction work in the furtherance of any project and may carry out and perform the terms and conditions of all such contracts or instruments;
   6. May acquire by purchase, lease, devise, gift or by condemnation property of any kind, real, personal or mixed, or any interest therein, for the control of floodwaters as provided in this chapter, and such condemnation authority shall be narrowly construed in accordance with the effect and intent of this chapter;
   7. 1. May issue its bonds and bond anticipation notes from time to time in a total amount not to exceed five million dollars ($5,000,000) for the purpose of paying in whole or in part the cost of the acquisition of necessary land or interest in land and expenses incidental to the acquisition;
      2. May secure such bonds and bond anticipation notes by a pledge of all or any part of the revenues that may now or hereafter come to the authority from any source by a mortgage or deed of trust of the authority's land or any part thereof, or by a combination of the two (2); and
      3. May make such contracts or covenants in the issuance of such bonds and bond anticipation notes as may be necessary to ensure the marketability thereof;
   8. Shall require all bonds issued under the authority of this chapter to be under the management and supervision of the department of economic and community development;
   9. May arrange with any county, municipality, metropolitan government or supplier of utilities for the abandonment, relocation or other adjustment of roads, railroads, highways, bridges and utility lines; and
   10. Shall have the final authority and power to disallow development within the one-hundred-year floodplain along Mill Creek.
2. 1. The authority's power of eminent domain may be exercised pursuant to title 29, chapter 16 or pursuant to any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
   2. As an alternative to the eminent domain procedures pursuant to subdivision (b)(1), the authority may file in the court where condemnation proceedings of the authority are pending an application for a writ of possession, which the court shall, upon the authority's posting a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property condemned, 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.
3. During the time that title to land or rights in land are held by the authority, it shall be exempt from all taxes levied by the state or any of its political subdivisions, or instrumentalities of either; and all other property and activities of the authority shall be similarly exempt.

Acts 1980, ch. 897, § 4; T.C.A., § 66-3-104.

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.

64-3-106. Participation by counties — Withdrawal.

1. 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.
2. 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.

64-3-107. Public hearings — Notice — Procedure.

1. 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.
2. 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.
3. Opportunity shall be afforded all parties to respond in person or by attorney and present evidence and argument on all issues involved.
4. 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.
5. 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.

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 soil conservation agency or its districts or agents.

Acts 1980, ch. 897, § 5; T.C.A., § 66-3-105.

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.

Compiler's Notes. This chapter is effective in all four counties mentioned, each of which elected to participate by December 31, 1980, in accordance with the provisions of Acts 1980, ch. 900, § 18.

Cross-References. Foreign-Trade Zone Act, title 7, ch. 85.

64-4-102. Legislative findings — Public and governmental character of port authorities — Declaration of public necessity.

1. 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.
2. 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.

64-4-103. Authority established — Purposes.

1. There is established in Decatur, Hardin, Perry and Wayne counties a port authority to be known as the “Tennessee River four-county port authority.”
2. 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.

64-4-104. Board of commissioners — Meetings — Officers and employees.

1. The governing power of the authority shall be vested in a board of commissioners composed of three (3) members from each participating county.
2. Nominees for election to the board shall be presented by the county mayor of each county. The county legislative body shall elect from the nominees presented by majority vote.
3. Each member shall serve for a term of six (6) years, which shall begin July 1 of the appropriate year; however, in order to provide for staggered terms of the number from such county, the initial members from each county shall be elected one (1) each for a term of two (2), four (4), or six (6) years.
4. 1. In the event of failure to elect a successor to any member of the board, the member whose term has expired shall continue to serve until that member's successor has been duly elected as provided in this section.
   2. In the event of the death or resignation of a member or the member's inability to serve prior to the expiration of the member's term, such vacancy shall be filled for the unexpired term by the county originally electing that member in the same manner as provided in subsection (b).
5. Any person at least twenty-one (21) years of age who has resided within the boundaries of the county whose legislative body may elect the person for a period of at least one (1) year immediately preceding the person's election is eligible to serve as a member of the board, except that the members of the county legislative body of the participating counties are not eligible to serve as members of the board. Any member who ceases to regularly reside within the boundaries of the county electing that member shall automatically become ineligible to serve in office.
6. All board members are eligible for reelection; provided, they are qualified as required in this section.
7. Before entering upon their duties, all board members shall take and subscribe to an oath of office, as provided by the constitution and law for county officers. Copies of the oath of each member shall be filed with the county clerk of that member's respective county.
8. A majority of the members constitutes a quorum, and the board shall act by vote of a majority present at any meeting attended by a quorum. Vacancies among the board do not affect their power and authority, so long as a quorum remains.
9. Within thirty (30) days after their election as provided in this section, the board shall hold a meeting to elect a chair who shall be elected on a yearly basis thereafter.
10. The board shall hold regular meetings at least once every four (4) months and at such regular time and place as the board may, by resolution, determine and may hold such additional meetings, either regular or special, as may be determined by the board of commissioners. Special meetings may be called and held upon such notice and in such manner as the board of commissioners may, by resolution, determine.
11. Except as otherwise expressly provided, the board of commissioners shall establish their own rules of procedure.
12. The commissioners shall designate a secretary and a treasurer, or the same individual as secretary-treasurer, and such secretary or treasurer may or may not be a board member. The secretary shall attend all regular and special meetings and keep minutes thereof. The minutes of the meetings shall be available for inspection by the public at the office of the authority at all reasonable times.
13. 1. The board, by resolution, shall require the treasurer or secretary-treasurer, if one and the same person, to execute a bond with approved corporate surety for the faithful performance of the treasurer's or secretary-treasurer's duties and the accounting of all moneys and revenues that may come into the treasurer's or secretary-treasurer's hands, as such, in such penalty as the board shall specify by resolution. The bonds shall be filed with the secretary of state.
    2. The board, by resolution, may require all other subordinate officers or employees to execute such fidelity bonds for the faithful performance of their duties and the accounting of funds that may come to their hands, in such an amount, with such conditions and such sureties, as the board may determine.
14. All members of the board shall serve as such without compensation, but they shall be allowed necessary traveling and other expenses while engaged in the business of the authority, as may be provided and approved by the board, payable from the funds of the authority or such funds as may be appropriated by the county legislative bodies of the participating counties.
15. Except as otherwise provided in this section, the members of the board shall be removable only for good cause and after preferment of charges, as provided by law for county officers.

Acts 1980, ch. 900, § 4; T.C.A., § 66-4-104; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Oath of office, Tenn. Const. art. X, § 1; §§ 8-18-107 — 8-18-114.

Removal from office, Tenn. Const. art. VII, § 5; title 8, ch. 47.

64-4-105. Powers and duties of board.

The port authority board of commissioners has the power and is hereby authorized to:

1. Acquire, construct, purchase, operate, maintain, replace, repair, rebuild, extend and improve, within the boundaries of Decatur, Hardin, Perry and Wayne counties, upon first obtaining express permission and authority from the governing body of such county or municipality wherein such facilities are or may be located, the ports and other facilities permitted by this chapter and any and all related facilities, equipment and appurtenances necessary or convenient to the improvement of the access to all channels of commerce, and to make such facilities available to any firm, person, public or private corporation, to any other shipper, consignee or carrier and to charge for their use and for any and all services performed by the authority;
2. Accept donations to the authority of cash, lands or other property to be used in the furtherance of the purposes of this chapter;
3. Accept grants, loans or other financial assistance from any federal, state, county or municipal agency or in aid of the acquisition or improvement of any of the facilities provided for in this chapter;
4. Purchase, rent, lease or otherwise acquire any and all kinds of property, real, personal or mixed, tangible or intangible, and whether or not subject to mortgages, liens, charges or other encumbrances, for the counties that, in the judgment of the port authority commissioners, is necessary or convenient to carry out the powers granted in this section. The authority to acquire property includes, but is not limited to, the acquisition of lands in the vicinity of the port and terminal facilities provided for in this section that are suitable for use by industries requiring access to the water of the Tennessee River in their operations, upon first obtaining the express permission and authority from the governing body of such county or municipality where such property is or may be located;
5. 1. Make contracts and execute instruments containing such covenants, terms and conditions as in the judgment of the board may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the facilities provided for in this chapter;
   2. Make all other contracts and execute all other instruments, including, without limitation, licenses, long or short term leases, mortgages and deeds of trust and other agreements relating to property and facilities under its jurisdiction and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board may be necessary, proper or advisable for the furtherance of the purposes of this chapter and the full exercise of the powers granted in this section; and
   3. Carry out and perform the covenants, terms, and conditions of all such contracts or instruments;
6. Establish schedules of tolls, fees, rates, charges and rentals for the use of the facilities under its jurisdiction and for services that it may render;
7. Enter upon any lands, waters and premises for the purpose of making surveys, soundings and examination in connection with the acquisition, improvement, operation or maintenance of any of the facilities provided for in this chapter;
8. Promulgate and enforce such rules and regulations as the board may deem proper for the orderly administration of the port authority and the efficient operation of its facilities;
9. Exercise full and exclusive control of and responsibility for the administration of facilities constructed or acquired pursuant to this chapter. The board may lease or license lands or facilities under its jurisdiction for operation by private persons or corporations;
10. Employ and fix the compensation of such 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 port authority and the operation of the facilities provided for in this chapter and who shall continue in the employment of the authority at the will and pleasure of the board;
11. Incorporate, operate in all respects and exercise all the powers granted to industrial development corporations under title 7, chapter 53 within the land under the jurisdiction of the port authority granted by this chapter as to any participating county that, by resolution, grants such powers to the port authority. Once any county grants such powers, the board of the port authority shall become the board of directors of the industrial development corporation, notwithstanding § 7-53-301 to the contrary;
12. 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 chapter, held by the state or any county or municipality in this state; provided, that such governmental agency shall consent to such use;
13. Sell, transfer, lease or otherwise dispose of any or all of the personal property in the custody and control of the port authority. The commissioners may also, as the agent of Decatur, Hardin, Perry and Wayne counties, sell, transfer, lease or otherwise dispose of any real property in the custody and control of the port authority, except that any land that has been acquired through condemnation proceedings may be sold, transferred, leased or otherwise disposed of only with the approval of the county legislative body of the county containing such property; and any vote as to such approval shall be taken at a meeting duly and regularly called for the purpose of considering the question of the disposition of such property; and
14. Do all acts and things necessary or deemed necessary or convenient to carry out the powers expressly given in this chapter.

Acts 1980, ch. 900, § 5; T.C.A., § 66-4-105.

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.

Compiler's Notes. Acts 2006, ch. 863, § 25, provided that the amendment by the act, which amended the first and second sentences and deleted the former last sentence, shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006.

Cross-References. Power and use of eminent domain, title 29, ch. 17, part 1.

64-4-107. Facilities free from outside control — Tax-exempt status — Payments to authority in lieu of ad valorem taxes.

1. 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.
2. 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.
3. 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. 1. 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.
      2. 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:
         1. Ad valorem taxes otherwise due and payable by a taxpaying entity upon the current fair market value of the leased properties; or
         2. 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.

Acts 1980, ch. 900, § 7; T.C.A., § 66-4-107; Acts 1995, ch. 305, § 118; 2017, ch. 94, § 43.

Amendments. The 2017 amendment substituted “Tennessee public utility commission” for “Tennessee regulatory authority” in (b).

Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.

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.

64-4-109. Payment of preliminary expenses by participating counties — Repayment.

1. 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.
2. 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.

64-4-110. Bonds.

1. The port authority has the power to issue negotiable bonds in order to accomplish any of the purposes authorized by this chapter in any of the following manners:
   1. Upon resolution of the board of commissioners, and in the manner provided by this chapter, the port authority may issue bonds of the port authority without the participation of any county; provided, that such bonds are repaid solely from the revenues of the port authority;
   2. Upon resolution of the board of commissioners, requesting one (1) or more counties to participate in the issuance of bonds of the port authority or to issue bonds on behalf of the port authority, such bonds may be issued as provided in this chapter or by law; or
   3. Upon resolution of the board of commissioners, acting in their capacity as an industrial development corporation, the port authority may issue bonds in compliance with title 7, chapter 53.
2. 1. Any one (1) or more of the participating counties of Decatur, Hardin, Perry and Wayne, upon recommendation of the board of commissioners of the port authority, have power and authority to issue and sell their bonds to finance the acquisition, construction, improvement or expansion of the facilities authorized in this chapter and to refund bonds previously issued or refinance indebtedness previously incurred for such purposes. The counties of Decatur, Hardin, Perry and Wayne may, in all respects, provide for the rights of the holders of all bonds, including the manner in which future bonds may be issued on a parity with such bonds. The counties of Decatur, Hardin, Perry and Wayne shall follow the procedures for the issuance of bonds established in title 9, chapter 21. Prior to the issuance of any general obligation bonds by any county under the authority of this chapter, a referendum shall be held concurrently with a general election in the county. The substance of a resolution adopted pursuant to § 9-21-205 shall be printed on the ballot. In order for the bonds to be issued, three fourths (¾) of the votes cast shall answer the following question affirmatively:

      Question: Do you favor the guarantee of the bonds issued pursuant to the above resolution:

      For ( )

      Against ( )

   2. The ballots shall be counted and returns made and canvassed as provided by law for other elections and the results certified to the secretary of state, who shall publicly proclaim the results.
   3. The bonds to be issued by the port authority shall be authorized by resolution of the county legislative body or bodies of such county or counties and may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be sold or hypothecated in such blocks, may be subject to such terms of redemption with or without premium, may be declared or become due after the maturity date thereof, and may be in such amount as may be provided by resolution of the legislative body of a participating county. Such bonds may be issued for money or property, at public or private sale, for such price and at such rate of interest and may be hypothecated in such manner as the counties may determine; but the interest cost to maturity of the bonds, when issued for property, at the value determined by the counties, which determination shall be conclusive, or the money received for any issue of such bonds shall not exceed the maximum rate fixed by law, payable semiannually. Such bonds shall have all the qualities and incidents of negotiability.
   4. Pending the preparation of the definitive bonds, interim receipts or certificates in such form, and with such provisions, as provided in the resolution authorizing such bonds, may be issued to the purchaser or purchasers of bonds sold pursuant to this chapter. The bonds and interim receipts or certificates shall be fully negotiable.
   5. In case any of the officers whose signatures or countersignatures appear on such bonds cease to be officers before the delivery of the bonds, the signatures and countersignatures shall nevertheless be valid and sufficient for all purposes, the same as though such officers had remained in office until the bonds had been delivered.
   6. The bonds may be issued, notwithstanding and without regard to any limit or restriction on the amount or percentage of indebtedness or of outstanding obligations of the participating counties of Decatur, Hardin, Perry and Wayne contained in any other statute, general or special, and notwithstanding and without regard to the requirements of any other general or special statute, including requirements as to elections for the approval of such bonds.
   7. Prior to a vote by the county legislative body of counties authorizing the issuance of bonds to be financed wholly or in part through tax levies by the county legislative body, the board of commissioners shall prepare and submit to the county legislative body of each of the counties of Decatur, Hardin, Perry and Wayne a recommendation that bonds in a stated amount be issued under this part, supported by a report on the need for and projected use of the facilities for the financing of which such bond issue is proposed, including a review of alternate solutions, if any, and a justification of the solution proposed.
   8. Bonds may be issued as direct and general obligations of each of the counties of Decatur, Hardin, Perry and Wayne payable out of their several and separate general income and revenue. Bonds may also be issued as obligations of the port authority payable out of the revenues of the port authority. In case the bonds are issued as general obligations of the counties, it is the duty of the county legislative body of each of the counties to levy a tax each year, over and above the taxes levied for general county purposes and other special county purposes, to pay the interest and principal of the bonds as they mature. In case the revenues derived from the operation of the facilities provided for in this chapter are sufficient to pay the principal and interest of such bonds, or a part thereof, as they may severally mature, then a special levy for the full payment of such principal and interest shall not be required; but the county legislative bodies shall each year levy an amount of tax, which, when added to the account of revenue derived from the operation of the facilities then on hand and available for that purpose, will be sufficient to pay the principal and interest maturing prior to the collection of the next succeeding tax levy. The bonds shall be sold at public or private sale and in such manner as may be determined by resolution of each of the county legislative bodies authorizing their issuance. The bonds shall contain a recital that they are issued pursuant to and in accordance with this chapter, and such recital shall be conclusive evidence of their legality.
3. Prior to the adoption by the governing body of the port authority or any one (1) or more of the participating counties of Decatur, Hardin, Perry and Wayne of the resolution authorizing the issuance of any bonds under this chapter, a plan of financing shall be submitted to the comptroller of the treasury or the comptroller's designee for review; and the comptroller of the treasury or the comptroller's designee may report thereon to the governing body of the port authority or of the appropriate county or counties within fifteen (15) days from the date the plan is received and shall immediately acknowledge receipt in writing of the proposed financing plan. After receiving the report of the comptroller of the treasury or the comptroller's designee or after the expiration of fifteen (15) days from the date the financing plan is received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the appropriate governing body may take such action with reference to such proposed financing plan as it deems advisable.
4. In order to secure the payment of any of the bonds issued pursuant to this chapter, the interest thereon, or in connection with such bonds, the board of commissioners or the county legislative bodies of Decatur, Hardin, Perry and Wayne counties have power, as to such bonds, to the extent not inconsistent with the mandatory provisions of this chapter, to:
   1. Pledge the full faith and credit of the port authority or county and unlimited taxing power of each of the counties to the punctual payment of the principal of and interest on such bonds;
   2. Pledge all or any part of the revenue derived from the operation of the facilities authorized in this chapter and to pledge all or any part of the proceeds derived from the sale, transfer, lease or other disposition of any land or other facilities as provided for in this chapter;
   3. Provide for the terms, form, registration, exchange, execution and authentication of such bonds;
   4. Provide for the replacement of lost, destroyed or mutilated bonds;
   5. Covenant as to the use and disposition of the proceeds from the sale of such bonds;
   6. Covenant as to the rates and charges for the use of facilities of the port authority and for its services;
   7. Redeem such bonds and covenant for their redemption and provide the terms and conditions thereof;
   8. Covenant and prescribe as to what happenings or occurrences shall constitute “events of default,” and the terms and conditions upon which any or all of such bonds shall become or may be declared due, before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;
   9. Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation;
   10. Vest in a trustee or trustees the right to receive all or any part of the income and revenues pledged and assigned to or for the benefit of the holder or holders of bonds issued under this section and to hold, apply and dispose of the same, and the right to enforce any covenant made to secure or pay, or in relation to the bonds; and to execute and deliver a trust agreement or trust agreements, which may set forth the powers and duties and the remedies available to such trustee or trustees, and limiting the liability thereof, and describing what occurrences shall constitute “events of default,” and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of bonds or any specified amount or percentage of such bonds, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate;
   11. Make covenants other than and in addition to the covenants authorized in this chapter, of like or different character, necessary or advisable to effectuate the purposes of this chapter; and
   12. Execute all instruments necessary or convenient in the exercise of the powers granted in this section or in the performance of its covenants or duties.
5. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds issued pursuant to this chapter.
6. Nothing in this chapter shall be construed to allow the board of commissioners of the port authority to pledge unilaterally the full faith and credit and unlimited taxing power of any county as surety to the payment of the authority's bonds or to impose unilaterally an ad valorem tax in any county.

Acts 1980, ch. 900, § 10; T.C.A., § 66-4-110; Acts 1989, ch. 403, § 11; 2010, ch. 868, § 80.

Cross-References. Election results, title 2, ch. 8.

Interest rates allowable, § 47-14-103.

64-4-111. Bondholders' rights in event of default.

1. 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.
2. 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.

64-4-112. Bondholders' rights generally.

Any holder or holders of bonds, including the trustee or trustees for holders of such bonds, have the right, in addition to all other rights:

1. By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce the rights of the holder or holders of bonds against the county legislative body authorizing and issuing the bonds, the port authority, the board or any other proper officer, agent or employee of any of them, including, but without limitation, the right to require the county legislative body authorizing and issuing the bonds, the port authority, the board, and any proper officer, agent or employee of any of them, to assess, levy and collect taxes; and to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, taxes or authority revenues and to require the county legislative body authorizing and issuing the bonds, the port authority, the board, and any officer, agent or employee of them, to carry out any other covenants and agreements, and to perform its and their duties under this chapter; and
2. By action or suit in equity to enjoin any acts or things, that may be unlawful or in violation of the rights of such holders of bonds.

Acts 1980, ch. 900, § 12; T.C.A., § 66-4-112.

64-4-113. Duties of treasurer.

1. All moneys derived from the issuance of bonds hereunder, together with any federal or other grant or loan made, for the purposes of this chapter, shall be paid to the treasurer of the port authority.
2. The treasurer shall deposit such moneys, together with all the receipts from the authority operations, in a separate bank account or accounts, separate from all other county funds, and shall keep adequate records of all such receipts and other sources.
3. The treasurer shall pay out such moneys only on vouchers signed by such authority officials as the board shall, by resolution, designate to sign such vouchers. No such vouchers for the payment of any such moneys shall be issued except upon the resolution or order of the board, a certified copy of which shall be filed in the office of the treasurer.

Acts 1980, ch. 900, § 13; T.C.A., § 66-4-113.

64-4-114. Application of revenues.

The revenues derived from the operation of the port, storage and transfer facilities and any and all other facilities authorized in this chapter 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 operating expenses of the port authority;
2. The payment of the interest on the bonds issued pursuant to this chapter and the principal of such bonds, as they severally mature, and/or payments into sinking fund reserves for this purpose;
3. The establishment of necessary reserves for contingencies, depreciation, maintenance, replacement of port, storage and transfer facilities and any and all other facilities or other purposes, as may be required under any bond indenture or as the board may deem necessary or desirable; and
4. 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 chapter. None of such revenue shall go into the general funds of the participating counties, except as may be directed by the board.

Acts 1980, ch. 900, § 14; T.C.A., § 66-4-114.

64-4-115. Contracts — Force account construction.

1. Except as otherwise provided, all contracts of the port authority shall be entered into and executed in such manner as may be prescribed by the board of commissioners, 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 under the jurisdiction of the board involving more than one thousand dollars ($1,000) shall be made except after such contract has been advertised for bids, except as provided in subsection (b).
2. Advertisement for bids is not required:
   1. In the employment of architects, engineers and attorneys or other professional advisors for personal service. The board may employ or select such architects, engineers, attorneys or professional consultants and advisors as in the judgment of the board best meet the qualifications for rendering such services;
   2. When an emergency arises and requires immediate delivery of the supplies or performance of the service; or
   3. For repair, parts, accessories, supplemental equipment or services, or required supplies or services previously furnished or contracted for, in which case such purchase of supplies or procurement of services shall be made in the open market in the manner common among business persons.
3. After advertisement for bids as provided in this section, if no acceptable bid is received, the board may reject any and all bids, or the board may negotiate with contractors or suppliers to secure the construction of facilities or the purchase of equipment, apparatus, materials or supplies at the best possible price, or the board may construct such facilities, by “force account construction,” that is, the board may employ the necessary engineers, supervisors and other personnel, purchase necessary materials, equipment and supplies, to construct such facilities authorized by this chapter with its own employees.

Acts 1980, ch. 900, § 15; T.C.A., § 66-4-115.

64-4-116. Construction of chapter.

1. The powers, authority and rights conferred by this chapter are in addition and supplemental to any other general, special or local law conferring powers to counties, industrial development corporations or port authorities, and the limitations imposed by this chapter do not affect the powers conferred to any county, industrial development corporation or port authority created by any other general, special or local law.
2. This chapter is remedial in nature, and shall be liberally construed to effect its purposes of:
   1. Promoting navigation on the Tennessee River;
   2. Facilitating the movement and transfer of goods and merchandise to, from and through the counties of Decatur, Hardin, Perry and Wayne;
   3. Encouraging utilization of the natural and recreational resources therein; and
   4. Promoting the growth and development of commerce and industry in such counties.
3. Nothing in this chapter shall:
   1. Grant any power or control to the board of commissioners over any land or facilities now under the control of any existing port authority created by general or special act;
   2. Prohibit or preclude any existing port authority from exercising control over any land or facilities now under its control or that may come under its control prior to the time the board adopts by resolution a plan for development of such land or facilities;
   3. Prohibit any county from transferring by any means any interest in any land to any port authority in existence in such county on May 1, 1980; or
   4. Prohibit any county from exercising any power granted by any general or special act with regard to any port authority in existence in such county on May 1, 1980.

Acts 1980, ch. 900, § 16; T.C.A., § 66-4-116.

64-5-101. Creation — Purpose.

The Tennessee central economic authority is hereby created. The Tennessee central economic authority is a public body corporate and politic and is referred to as the “authority” in this chapter. The authority is created and established for the purpose of developing the resources of the region embracing the counties of Macon, Smith, Sumner, Trousdale and Wilson, referred to as the “region” in this chapter, including the coordination of the authority's development work with related activities and programs of the Tennessee Valley authority and other federal, state and local planning and development agencies. The authority is directed to focus its activity toward economic development and improving employment opportunities in the region in a manner consistent with the state policy of industrial development and in a manner consistent with the goal of maintaining a healthy environment or improving the same.

Acts 1986, ch. 789, § 1; 2016, ch. 909, § 1; T.C.A § 64-5-201.

Compiler's Notes. The Tennessee central economic authority, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Acts 2016, ch. 909, § 3, provided that nothing in this act, which amended this section, shall have any effect upon the nature or status of the assets presently owned by the authority or upon the obligations of the authority.

Former part 1, §§ 64-5-101 — 64-5-116 (Acts 1985, ch. 442, §§ 1-16, 19; 1987, ch. 193, § 1-2, ch. 408, § 1-6; 1990, ch. 1027, § 12) concerning the Elk regional resource authority, was repealed by Acts 1993, ch. 151, § 2. The authority terminated July 1, 1993.

Former § 64-5-201 was transferred to this section by the authority of the Code Commission in 2017.

Attorney General Opinions. Four Lake Regional Industrial Development Authority: appointing executive director.  OAG 10-55, 2010 Tenn. AG LEXIS 55 (4/23/10).

64-5-102. Board of directors.

The authority shall be governed by a board of directors, referred to as the “board” in this chapter.  The board shall make policy, which shall be implemented by the executive director, if such position is established.

Acts 1986, ch. 789, § 2; 2012, ch. 1033, § 1; T.C.A § 64-5-202.

Compiler's Notes. Former § 64-5-202 was transferred to this section by the authority of the Code Commission in 2017.

64-5-103. Membership of board — Proxy voting — Executive committee — Board meetings open to public.

1. 1. Effective July 1, 2012, the membership of the board shall be as follows:
      1. 1. The county mayor of each county in the region shall be an ex officio voting member of the board. The term of office on the board of the county mayor shall be coextensive with the term of office as county mayor; or
   2. In lieu of serving as a member of the board, the county mayor is authorized to appoint a person to serve in the mayor's stead. The term of office of such appointed person shall be coextensive with the term of office of the county mayor making the appointment;
      1. One (1) person who resides within the region shall be appointed by the speaker of the house of representatives, to be appointed for a term of two (2) years; and
      2. One (1) person who resides within the region shall be appointed by the speaker of the senate, to be appointed for a term of two (2) years.

         The board in existence on May 21, 2012, shall terminate at twelve o'clock (12:00) midnight June 30, 2012.

2. Any member of the board may authorize someone to represent that member and vote by proxy upon written notification of the same to the chair of the board prior to commencement of the board meeting in which the member is to be absent.
3. The board may establish an advisory committee consisting of twenty-five (25) members, with five (5) members from each of the five (5) counties in the region selected in such manner as the board determines to provide a wide range of viewpoints. The board shall endeavor to have the advisory committee reflect a broad range of socioeconomic backgrounds in its membership. The terms of the members of the advisory committee shall be set by a resolution of the board in such manner as to create a staggered-term system to provide continuity on the advisory committee.
4. At least annually, the board shall hold a meeting at which members of the general public are allowed to address the board. Further, prior to the adoption of any resolution authorizing a bond issue pursuant to this chapter, the board shall hold a public hearing to examine the opinions of members of the general public on the issue.
5. All meetings of the board and advisory committee shall be public and shall comply with the state law on open meetings, compiled in title 8, chapter 44.

Acts 1986, ch. 789, § 3; 2001, ch. 150, §§ 1, 2; 2003, ch. 90, § 2; 2006, ch. 614, §§ 1, 2; 2010, ch. 619, § 1; 2012, ch. 1033, § 2; T.C.A § 64-5-203.

Compiler's Notes. For table of populations of Tennessee municipalities, see Volume 13 and its supplement.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in the 2003 supplements and replacement volumes for Tennessee Code Annotated.

Former § 64-5-203 was transferred to this section by the authority of the Code Commission in 2017.

Attorney General Opinions. All statutory members of the Four Lake regional industrial development authority, including ex officio members, are authorized to vote on all issues, except with regard to the election of the four non-chair members of the executive committee, who are selected as set forth in T.C.A. § 64-5-104, OAG 03-005, 2003 Tenn. AG LEXIS 5 (1/17/03).

64-5-104. Election of officers.

The board, at its organizational meeting and annually thereafter, shall elect one (1) of its members to the office of chair, one (1) of its members to the office of vice chair and one (1) of its members to the office of secretary-treasurer.

Acts 1986, ch. 789, § 4; 2012, ch. 1033, § 3; T.C.A § 64-5-204.

Compiler's Notes. Former § 64-5-204 was transferred to this section by the authority of the Code Commission in 2017.

64-5-105. Vacancies.

Vacancies on the board shall be filled according to the method of original election or appointment.

Acts 1986, ch. 789, § 5; 2012, ch. 1033, § 4; T.C.A § 64-5-205.

Compiler's Notes. Former § 64-5-205 was transferred to this section by the authority of the Code Commission in 2017.

64-5-106. Time and place of meetings — Compensation of board.

1. The board shall set a regular time and place for meetings and establish rules of order and particularly rules for calling a special meeting of the board.
2. The members of the board shall serve without compensation, except that they shall be reimbursed for actual traveling expenses and other necessary expenses incurred in the performance of their official duties.

Acts 1986, ch. 789, § 6; T.C.A § 64-5-206.

Compiler's Notes. Former § 64-5-206 was transferred to this section by the authority of the Code Commission in 2017.

64-5-107. [Repealed.]

Acts 1986, ch. 789, § 7; repealed by Acts 2012, ch. 1033, § 5, effective July 1, 2012.

Compiler's Notes. Former § 64-5-107 concerned delegation of powers and functions of the Four Lake regional industrial development authority.

64-5-108. Powers, functions and duties.

The authority has the power, function and duty to:

1. Have perpetual succession in the corporate name;
2. Sue and be sued in the corporate name;
3. Adopt, use and alter a corporate seal, which shall be judicially noticed;
4. Enter into such contracts and cooperative agreements with federal, state and local governments, and agencies thereof, with private individuals, corporations, associations and with other organizations as the board may deem necessary or convenient in carrying out the purposes of this chapter;
5. Adopt, amend and repeal bylaws;
6. Appoint such managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties and require bonds of such of them as the board may determine;
7. Receive and expend funds from any source for staffing and other administrative expenses, research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficiency and harmonious economic development of the region to receive grants from private foundations and other sources for the purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
8. Cooperate and coordinate its activities with local, regional and state planning agencies and other areas in developing and implementing plans for development;
9. Cooperate and coordinate its activities with the federal agencies having responsibility for developing natural, human and physical resources of the region;
10. Cooperate with local and regional financial institutions in assembling financial resources for commercial, industrial and other development;
11. Compile, prepare, publish and disseminate information about the economic resources of the region and about subareas;
12. Encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing state law for carrying out specific projects and programs initiated under federal and state law;
13. Enter into compacts or contractual arrangements with planning agencies of other adjoining or neighboring states, for the purpose of preparing joint-comprehensive plans for development of a broader area or region;
14. Acquire and hold such real and personal property or interests in real and personal property as the board deems necessary or convenient in carrying out the purposes of this chapter;
15. Support missions of authority directors or employees to other industrialized nations that may have enterprises willing to invest in the region, with the aim of convincing such businesses to invest in the region when such enterprises meet the criteria of the authority as desirable additions to the region; and
16. Have and exercise such other authority as deemed necessary by the board to further and promote the orderly economic development of the region.

Acts 1986, ch. 789, § 8; T.C.A § 64-5-208.

Compiler's Notes. Former § 64-5-208 was transferred to this section by the authority of the Code Commission in 2017.

64-5-109. Public works projects authorized.

The authority is authorized and empowered to construct and/or operate and maintain any public works project within the region. No such project shall be constructed without the authority first having obtained the consent of the county or municipality within whose jurisdiction the project is located. For this purpose, “public works project” includes any one (1) or more or any combination of the following: airports, bridges, tunnels, viaducts, hospitals, sanitaria, dispensaries, nursing homes, almshouses, public buildings, plazas, schools, roads, flood control works, water mains and lines, highways, port and dock facilities, including any terminal storage and transportation facilities incident to port and dock facilities, industrial parks, which are defined as lands, and rights, easements and franchises relating to lands, and may include adequate roads and streets, water and sewer facilities, utilities and docks and terminals as required for the use of industry, in aid of the state's public policy of industrial growth and expansion, and all property, real and personal, appurtenant thereto or connected with such work, undertaking or project and the existing work, if any, to which such work, undertaking or project is an extension, addition, betterment or improvement. This enumeration shall not exclude any other project for the benefit of the people in the region where any state or federal agency will match the funds of the county with grants-in-aid or gratuities to subsidize or assist the development of such project.

Acts 1986, ch. 789, § 9; T.C.A § 64-5-209.

Compiler's Notes. Former § 64-5-209 was transferred to this section by the authority of the Code Commission in 2017.

64-5-110. Educational, recreational and other facilities authorized.

1. Without derogating from any of its powers, duties, functions and responsibilities as set forth in the other provisions of this chapter, the authority is specifically authorized to make plans for the construction, operation, and maintenance of regional facilities, including, but not limited to, educational and recreational facilities in one (1) or more of the counties constituting the region and to take all such actions as are necessary or convenient in the judgment of the board in effectuating such plans, including, but without limitation by reason of this enumeration:
   1. The acquisition of sites for the facilities;
   2. The sale or transfer of such sites if acquired in the authority's name, to the agency or institution that will own and operate the facility arranging for the financing of the facility's construction, operation, and maintenance;
   3. Applying for such federal assistance as may be available and obligating the agency as required to obtain such assistance; and
   4. Making contracts and agreements with federal, state and local educational agencies and institutions in carrying out the provisions of this section.
2. The authority may, at the request of the counties, act as a vehicle for contracts of agreements among counties for carrying out regional projects.

Acts 1986, ch. 789, § 10; T.C.A § 64-5-210.

Compiler's Notes. Former § 64-5-210 was transferred to this section by the authority of the Code Commission in 2017.

64-5-111. Bond issues — Refunding bonds — Appropriation requests.

1. The authority is authorized and empowered to issue its bonds from time to time for the purpose of paying in whole or in part the cost of acquiring lands and interests therein and of constructing facilities and improvements subject to the limitations and conditions provided in this chapter. Any resolution of the board authorizing the sale of bonds shall be submitted to the state funding board established by § 9-9-101, and such resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing any bond issue, shall state in writing the reasons for this action.
2. 1. Except as otherwise expressly provided in this section, all bonds issued by the authority are payable solely out of the revenues and receipts derived from the agency's projects or of any of the bonds as may be designated in the proceedings of the board under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest, or both, may be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without the state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board whereunder the bonds shall be authorized to be issued.
   2. If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds, but nothing contained in this section shall be construed to confer on the authority any right or option to redeem any bonds except as may be provided in the proceedings under which they are issued.
   3. Any bonds of the authority may be sold at public or private sale in such manner, at such price and from time to time as may be determined by the board to be most advantageous, and the authority may pay all expenses, premiums and commissions that its board may deem necessary or advantageous in connection with the issuance thereof.
   4. Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
   5. Proceeds of bonds issued by the authority may be used for the purpose of constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering or extending any project or projects, including the payment of interest on the bonds during construction of any such project and for two (2) years after the estimated date of completion and payment of engineering, fiscal, architectural and legal expenses incurred in connection with such project and the issuance of the bonds and the establishment of a reasonable reserve fund for the payment of principal of and interest on such bonds in the event of a deficiency in the revenues and receipts available for such payment.
3. Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following:
   1. The principal amount of the obligations being refinanced;
   2. Applicable redemption premiums thereon;
   3. Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
   4. In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as provided in this section, interest to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever is determined by the board to be most advantageous or necessary to the authority;
   5. A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
   6. If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and
   7. Expenses, premiums and commissions of the authority, including bond discounts, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the authority or, that any of the amounts provided in this subdivision (c)(7) should be included in such refinancing or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date or permitted to remain outstanding until their respective dates of maturity shall be conclusive.
4. Any such refunding may be effected whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded are payable on the same date or different dates or are due serially or otherwise.
5. Prior to the issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (e).
6. If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing such outstanding obligations.
7. The principal proceeds from the sale of any refunding bonds shall be applied only as follows:
   1. To the immediate payment and retirement of the obligations being refunded; or
   2. To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded and to pay any expenses incurred in connection with such refunding, but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of the United States, or obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government or in certificates of deposit issued by a bank or trust company located in this state, if such certificates are secured by a pledge of any of these obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this subsection (g) shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but that shall not have matured and that shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption.
8. All such bonds, refunding bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
9. 1. The principal of and interest on any bonds issued by the authority may be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and/or by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sales contracts or loan agreements relating to such projects, or any thereof. The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by such resolution, mortgage or deed of trust, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board shall deem advisable not in conflict with this subdivision (i)(1). Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the agency shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.
   2. In the event of default in such payment or in any agreements of the agency made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of these remedies.
10. In addition to the foregoing, the authority is authorized to issue general obligation bonds in conjunction with the state of Tennessee. Any bond issue wherein the general obligation of the state is attached must first be approved by the state funding board and by the general assembly and provisions made for amortization of both principal and interest for a period not to exceed forty (40) years. The levying of an ad valorem tax for a bond issue by a county or municipal government under this subsection (j) shall be binding and collectible by the state in case of default. Bonds issued under this subsection (j) shall be issued in the usual manner as state bonds and sold under such conditions as the general assembly may specify.
11. No later than October of each year, the authority shall transmit to the governor a request and an amount of appropriation needed during the next fiscal year for authority purposes, including administration, operations and capital improvements, and appropriate justification for use of such appropriation, such amount or other amount as deemed appropriate by the governor to be included in the budget transmitted to the general assembly.

Acts 1986, ch. 789, § 11; 2016, ch. 797, § 17; T.C.A § 64-5-211.

Compiler's Notes. Former § 64-5-211 was transferred to this section by the authority of the Code Commission in 2017.

64-5-112. Local governmental units authorized to make contributions and issue bonds.

The various counties, towns and incorporated municipalities in the region are hereby authorized and empowered to:

1. Contribute to the work of the authority any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or city. County legislative bodies and governing bodies of such cities or towns are empowered to levy and collect ad valorem taxes for such purposes, which are hereby declared to be for municipal and county public purposes; and
2. Issue their bonds as provided in title 9, chapter 21 to obtain funds for the financing of public works projects undertaken by the authority or to secure advances made by federal agencies for the construction agreements with the authority.

Acts 1986, ch. 789, § 12; 1989, ch. 403, § 12; T.C.A § 64-5-212.

Compiler's Notes. Former § 64-5-212 was transferred to this section by the authority of the Code Commission in 2017.

64-5-113. Statement of objectives — Annual report — Accounting system — Audits — Purchasing and contracting procedures.

1. The board, after receiving recommendations from its advisory committee, shall annually formulate and issue a statement of objectives, priorities and programs that it has adopted or envisions to meet these objectives. This statement of objectives shall be included in the annual report.
2. The board shall report annually to the governor, the commissioner of economic and community development, the state funding board and to the general assembly through the office of legislative budget analysis and the chairs of the following standing committees or such other committees as the speaker of each respective house may direct: senate finance, ways and means, senate government operations, senate state and local government, house finance, ways and means, house government operations, and state government of the house of representatives. This report shall also be transmitted to the governing bodies of the various counties and incorporated municipalities of the region. Such reports shall include a statement of financial receipts and expenditures, assets and liabilities of the authority and a summary of all activities and accomplishments for the period and proposed plans for the next year.
3. The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the authority.
4. 1. The annual reports and all books of accounts and financial records of all funds received are subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the authority.
   2. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
   3. All audits shall be completed as soon as practicable after the end of the fiscal year of the authority. One (1) copy of each audit shall be furnished to each member of the board and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
5. The board shall develop purchasing and contracting procedures, which shall be approved by the comptroller of the treasury prior to implementation.

Acts 1986, ch. 789, § 13; 2010, ch. 1030, § 14; 2013, ch. 236, § 69; T.C.A § 64-5-213.

Compiler's Notes. Former § 64-5-213 was transferred to this section by the authority of the Code Commission in 2017.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

64-5-114. Cooperation of state agencies.

All state agencies are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation of its planning and development program.

Acts 1986, ch. 789, § 14; T.C.A § 64-5-214.

Compiler's Notes. Former § 64-5-214 was transferred to this section by the authority of the Code Commission in 2017.

64-5-115. Cooperation with Mid-Cumberland and Upper Cumberland development districts.

The board shall endeavor to cooperate with the Mid-Cumberland and Upper Cumberland development districts and to avoid duplication with the activities of these agencies and any other agencies whenever possible.

Acts 1986, ch. 789, § 15; T.C.A § 64-5-215.

Compiler's Notes. Former § 64-5-215 was transferred to this section by the authority of the Code Commission in 2017.

64-5-116. Employees' retirement.

The employees of the authority are eligible for membership in the Tennessee consolidated retirement system pursuant to title 8, chapter 35, part 2, and the board shall provide the necessary contributions to the Tennessee consolidated retirement system for its employees. This section does not preclude the board from contracting with individuals for their personal services under a contract of limited duration and not including retirement benefits to such individuals.

Acts 1986, ch. 789, § 16; 2003, ch. 12, § 9; T.C.A § 64-5-216.

Compiler's Notes. Former § 64-5-216 was transferred to this section by the authority of the Code Commission in 2017.

64-5-117. Review and termination.

The authority shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and reviewed pursuant to § 4-29-119.

Acts 1986, ch. 789, § 17; T.C.A § 64-5-217.

Compiler's Notes. Former § 64-5-217 was transferred to this section by the authority of the Code Commission in 2017.

64-6-101. Short title — Creation and establishment of regional megasite authority.

1. This chapter shall be known and may be cited as the “Tennessee Regional Megasite Authority Act of 2007.”
2. A regional authority may be established and created as a regional megasite authority pursuant to this chapter. Section 7-53-104(b) shall apply to a regional megasite authority, which shall have the same powers and authority granted to a corporation under title 7, chapter 53, except as otherwise provided in this chapter. Notwithstanding anything in title 7, chapter 53 to the contrary, in the event of a conflict, this chapter shall control. A regional megasite authority may be established for the purpose of acquiring land, improving, financing, operating, maintaining and marketing a megasite and may be created by two (2) or more participating municipalities; provided, that at least one (1) of the municipalities includes the location of the megasite or may be created by the commissioner of economic and community development in accordance with § 64-6-110.

Acts 2007, ch. 426, § 1; 2009, ch. 158, § 1.

Compiler's Notes. Former ch. 6, §§ 64-6-101 — 64-6-110 (Acts 1988, ch. 660, §§ 1-10), concerning the superconducting super collider regional authority, was repealed by Acts 1988, ch. 660, § 12.

For the Preamble to the act regarding the Tennessee Regional Megasite Authority Act of 2007, please refer to Acts 2007, ch. 426.

The Memphis regional megasite authority, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

64-6-102. Chapter definitions.

As used in this chapter, terms shall be as defined in § 7-53-101, except as provided below or unless the context otherwise requires:

1. “Authority” means a regional megasite authority created pursuant to this chapter;
2. “Governing body” means the legislative body of a county or the legislative body of an incorporated municipality;
3. “Megasite” means a site certified as being suitable and available for development for significant economic and industrial investment as provided in § 64-6-103; and
4. “Project” means all or any part of, or any interest in, any land and building, including an office building, any facility or other improvement on the land and all real and personal properties located either on a megasite or off a megasite deemed necessary in connection with the megasite, whether or not now in existence, that are suitable for any industrial or commercial enterprises or any combination of the land, buildings, facilities, improvements or real or personal properties located at the megasite.

Acts 2007, ch. 426, § 1; 2009, ch. 158, § 2.

64-6-103. Certification of a megasite.

1. In order for a site to be considered for certification as a megasite, the site should generally consist of a minimum of one thousand (1,000) contiguous acres; provided, however, that, in addition to the one thousand (1,000) acres of contiguous property, other proximate but noncontiguous property may be a part of the megasite. Certification of a site shall be pursuant to a process approved by the commissioner of economic and community development.
2. The commissioner of economic and community development may approve a proposed megasite certification process as being consistent with this chapter when the determination of suitability and availability of a site for development is based upon, but not limited to, consideration of zoning, location, transportation access, utilities access, topography, geotechnical characteristics, environmental review, title and community support.
3. Certification of a site as constituting a megasite pursuant to an approved process shall be filed with the commissioner and shall be deemed conclusive.

Acts 2007, ch. 426, § 1; 2009, ch. 158, § 3.

64-6-104. Participating municipality — Incorporation of the authority — Certificate of incorporation — Organizational meeting.

1. For the purposes of this chapter, for a county or an incorporated municipality to be a “participating municipality,” the county or incorporated municipality may, upon approval by a majority vote of its governing body, elect to participate in a regional megasite authority as set out in this chapter. In the event such an election is made, this chapter shall apply to all counties and incorporated municipalities making such an election; provided, that participation shall be limited to any county or incorporated municipality that:
   1. Includes all or part of a megasite within the county or incorporated municipality;
   2. Is a county that is contiguous to the county in which the megasite is wholly or partially located; or
   3. Is the incorporated municipality with the largest population that elects to become a participating municipality in the county in which the megasite is wholly or partially located or is the incorporated municipality with the largest population that elects to become a participating municipality in a county that is contiguous to the county in which the megasite is wholly or partially located.
2. A participating municipality may sell, lease, give, provide or otherwise supply such personnel or services and may appropriate such funds to the authority as may be within its legal power to furnish.
3. If the governing body of a county or an incorporated municipality, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that the authority be formed, elects to participate and approves the form of certificate of incorporation proposed to be used in organizing the authority, then the governing body shall designate a person as an incorporator to assist with the execution, acknowledgement and filing of a certificate of incorporation for the authority.
4. The certificate of incorporation shall set forth:
   1. The name of the authority;
   2. The participating municipalities and the dates of elections by the governing bodies;
   3. The number of voting directors;
   4. The names and residences of the designated incorporators;
   5. The location of the principal office of the corporation;
   6. The purposes for which the authority is organized;
   7. The period, if any, for the duration of the authority; and
   8. Any other matter deemed appropriate and consistent with this chapter and the laws of this state.
5. When executed and acknowledged by the incorporators, the certificate shall be filed with the secretary of state and may be subsequently amended or the authority dissolved, all consistent with title 7, chapter 53.
6. Within thirty (30) days of filing the certificate with the secretary of state, the incorporators shall meet in an organizational meeting, adopt temporary bylaws and notify appointing authorities of the organizational activities and set the meeting date by which members are to be appointed, which date shall provide sufficient time for those appointments.

Acts 2007, ch. 426, § 1; 2009, ch. 158, §§ 4-9.

Compiler's Notes. For table of population of Tennessee municipalities, see Volume 13 and its supplement.

64-6-105. Board of directors.

1. 1. The authority shall be governed by a board of directors in which all powers of the corporation shall be vested. The membership of the board shall include the following:
      1. For each county that chooses to be a participating municipality in accordance with § 64-6-104(a), the county mayor or a designee of the county mayor of that county;
      2. The mayor or the designee of the mayor in an incorporated municipality that chooses to be a participating municipality in accordance with § 64-6-104(a);
      3. The two (2) speakers of the respective houses acting jointly after consultation with the members whose districts lie within the participating counties shall appoint one (1) member;
      4. The governor, after consultation with the mayors of the participating municipalities, shall appoint one (1) member; and
      5. The chancellor of the board of regents shall appoint one (1) member from the presidents of the community colleges that have a campus within the participating counties.
   2. For the purposes of calculating terms, members serving on a board as of January 1, 2013, shall serve until December 31, 2014. At the conclusion of such terms:
      1. Each regular term of the board member appointed jointly by the speakers beginning January 1, 2015, shall be two (2) years, to be coterminous with the terms of office of the speakers;
      2. Each regular term of the board member appointed by the governor beginning January 1, 2015, shall be four (4) years, to be coterminous with the term of office of the governor; and
      3. Each regular term of all other board members appointed in accordance with this subsection (a) beginning January 1, 2015, shall be for three (3) years.
   3. Board members shall serve until their successors are appointed. If a vacancy occurs on the board, the remainder of the term shall be filled by the respective appointing authorities in accordance with this subsection (a).
   4. Any board created pursuant to this subsection (a) shall cease to exist upon the completion of the sale of a megasite governed by such board.
2. The directors shall serve without compensation, except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties, unless otherwise authorized by local ordinance or resolution.
3. 1. The board shall elect such officers and adopt such bylaws as deemed appropriate.
   2. The board may elect an executive committee from among its members, which may act on behalf of the board between regular board meetings.
4. A director who can designate a representative shall make the designation in writing, addressed to the chair of the authority specifying the meeting for which the designation is effective, to be filed in advance of the meeting.

Acts 2007, ch. 426, § 1; 2009, ch. 158, §§ 10-12; 2013, ch. 265, § 1.

64-6-106. Powers of the authority.

1. In addition to powers and authority granted to a corporation under title 7, chapter 53, the authority is authorized and empowered to:
   1. Accept any gifts, or grants, loans of funds or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government or from the state or a municipality, including a participating municipality, or from any other source and to comply, subject to this chapter, with the terms and conditions thereof; and
   2. Provide technical assistance to participating municipalities in planning for the development of the megasite.
2. The authority is authorized and empowered to issue bonds from time to time. All provisions of title 7, chapter 53, regarding bonds shall apply to the authority and any bonds issued by the authority. Any resolution of the authority authorizing the sale of bonds shall be submitted to the state funding board established by § 9-9-101, and the resolution shall only become effective upon receiving the approval of the state funding board. The state funding board, upon rejecting any resolution of the board authorizing any bond issue, shall state in writing the reasons for this action.

Acts 2007, ch. 426, § 1.

64-6-107. Exemption from taxation — Payments in lieu of taxes.

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

Acts 2007, ch. 426, § 1.

64-6-108. Economic impact plan — Allocation of taxes.

1. The authority is authorized to prepare and submit to the participating municipalities for approval an economic impact plan in the manner described in this section.
2. An economic impact plan shall be a written document and shall specifically identify the area to be included in the plan. The area to be included in the plan shall be located in the participating municipalities and shall also include the county in which the megasite is located. In addition to the megasite, the area that is the subject of the economic impact plan may also include any other properties that the authority determines will be directly improved or benefited due to the undertaking of the megasite. The area may include one (1) or more portions that are not contiguous to the rest of the area. The economic impact plan shall:
   1. Identify the boundaries of the area subject to the plan;
   2. Discuss the expected benefits to the participating counties from the development of the area subject to the plan, including anticipated tax receipts and jobs created; and
   3. Provide that the property taxes imposed on the property, including the personal property, located within the area subject to the plan shall be distributable in the manner described in subsection (c) for a period of time specified in the plan.
3. Upon the approval by the participating municipalities of an economic impact plan with respect to an area, all property taxes levied upon property located within the area by any taxing agency after the effective date of the plan shall be divided as follows:
   1. That portion of the taxes that is equal to the amount of taxes, if any, that were payable with respect to the property for the year prior to the date the economic impact plan was approved, the base tax amount, to the participating municipalities shall be allocated to and, when collected, shall be paid to the respective taxing agencies as taxes levied by those taxing agencies on all other property are paid; provided, that in any year in which the taxes on any property are less than the base tax amount, there shall be allocated and paid to the respective taxing agencies only those taxes actually imposed; and
   2. Any excess of taxes over the base tax amount shall be allocated to and, when collected, shall be paid into a separate fund of the authority established to hold such payments until applied for the purposes described in subsection (h).
4. Notwithstanding subsection (a) to the contrary, the authority may prepare, and the participating municipalities may approve, an economic impact plan that allocates an amount greater than the base tax amount to the taxing agencies.
5. An economic impact plan shall not provide for an allocation of taxes to the authority for a period in excess of thirty (30) years.
6. The governing bodies of the participating municipalities may approve an economic impact plan by resolution, notwithstanding any local charter provision or other provision to the contrary. If the area subject to an economic impact plan is located within the corporate limits of a municipality, the taxes that would otherwise be payable to the municipality or county shall not be paid to the authority unless the city, town or county has also approved the economic impact plan.
7. Before the authority submits an economic impact plan for approval to the governing bodies of the participating municipalities or to any other municipality, the authority shall hold a public hearing relating to the proposed plan after publishing adequate public notice of the public hearing at least two (2) weeks prior to the date of the public hearing. The notice shall include the time, place and purpose of the public hearing, and notice of how a map of the area subject to the plan can be viewed by the public.
8. All taxes allocated to the authority pursuant to this section shall only be applied by the authority to pay expenses of the board in furtherance of promoting economic development in the participating municipalities, to pay the cost of projects or to pay debt service on bonds or other obligations issued by the authority to pay the cost of the projects. The authority is authorized to pledge any or all amounts received by the authority pursuant to this section to the payment of such bonds or other obligations.
9. After the approval by a municipality of an economic impact plan, the clerk or other recording official of the municipality shall transmit to the appropriate tax assessors and to each taxing agency to be affected, a copy of the description of all property within the area subject to the economic impact plan and a copy of the resolution approving that plan. If the plan is approved by any taxing agency other than the municipality, the clerk or other recording official of that taxing agency shall also provide a copy of the resolution approving the plan to the tax assessors and taxing agencies.

Acts 2007, ch. 426, § 1; 2009, ch. 158, §§ 13, 14.

64-6-109. Review and termination.

Any authority established shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and reviewed pursuant to § 4-29-119.

Acts 2007, ch. 426, § 1.

64-6-110. Alternative method of establishing and governing an authority.

1. This section creates an alternative method of establishing and governing an authority instead of §§ 64-6-104 and 64-6-105(a).
2. 1. If the commissioner of economic and community development finds and determines that it is wise, expedient, necessary or advisable that the authority be formed and approves the form of certificate of incorporation proposed to be used in organizing the authority, then the commissioner shall act as incorporator or designate a person as incorporator to execute, acknowledge and file a certificate of incorporation for the authority, which certificate shall set forth:
      1. The name of the authority;
      2. The number of voting directors;
      3. The name and residence of the incorporator;
      4. The location of the principal office of the corporation;
      5. The purpose for which the authority is created;
      6. The period, if any, for the duration of the authority; and
      7. Any other matter deemed appropriate and consistent with this chapter and the laws of this state.
   2. When executed and acknowledged by the incorporator, the certificate shall be filed with the secretary of state and may be subsequently amended or the authority dissolved, all consistent with title 7, chapter 53. Within thirty (30) days of filing the certificate with the secretary of state, the incorporator shall adopt temporary bylaws.
3. 1. The authority formed pursuant to this section shall be governed by a board of directors in which all powers of the corporation shall be vested. The membership of the board shall include the following:
      1. The county mayor or a designee of the county mayor of the county in which the megasite is located or, if it is located in more than one (1) county, the county in which the megasite is predominately located;
      2. The mayor or the designee of the mayor in the incorporated municipality with the largest population in a county in which the megasite is located or, if it is located in more than one (1) county, the county in which the megasite is predominately located;
      3. The two (2) speakers of the respective houses acting jointly after consultation with the members whose districts lie within the participating counties shall appoint two (2) members;
      4. The governor shall appoint two (2) at-large members and three (3) additional members representing and residing in counties contiguous to the county in which the megasite is located. At the time of initial appointment, the three (3) additional members shall be selected from counties not otherwise represented on the board. Notwithstanding any provision of this part to the contrary, the three (3) additional members shall serve without reimbursement for their actual travel expenses;
      5. The chancellor of the board of regents shall appoint one (1) member from the presidents of the community colleges that have a campus within a county in which the megasite is wholly or partially located or within a county contiguous thereto; and
      6. The executive director of the development district in which the megasite is located.
   2. For the purposes of calculating terms, members serving on a board as of January 1, 2013, shall serve until December 31, 2014, at which time their terms shall expire. At the conclusion of such terms:
      1. Each regular term of the board members appointed jointly by the speakers beginning January 1, 2015, shall be two (2) years, to be coterminous with the terms of office of the speakers;
      2. Each regular term of the board members appointed by the governor beginning January 1, 2015, shall be four (4) years, to be coterminous with the term of office of the governor; and
      3. Each regular term of all other board members appointed in accordance with this subsection (c) beginning January 1, 2015, shall be for three (3) years.
   3. Board members shall serve until their successors are appointed. If a vacancy occurs on the board, the remainder of the term shall be filled by the respective appointing authorities in accordance with this subsection (c).
   4. Any board created pursuant to this subsection (c) shall cease to exist upon the completion of the sale of a megasite governed by such board.
4. For purposes of authorities established and governed under this section, “participating municipality” means each incorporated municipality or county in which the megasite is wholly or partially located.

Acts 2009, ch. 158, § 15; 2010, ch. 970, § 1; 2011, ch. 196, § 1; 2013, ch. 265, § 2.

Compiler's Notes. For table of population of Tennessee municipalities, see Volume 13 and its supplement.

64-6-111. Regional megasite authorities subject to governmental entity review law — Scope of review — Review as part of performance audit.

1. The following regional megasite authorities shall be subject to review pursuant to the Tennessee Governmental Entity Review Law, compiled in title 4, chapter 29: Memphis regional megasite authority;
2. The review conducted pursuant to this section by the division of state audit in the office of the comptroller of the treasury shall include, but not be limited to, information submitted by lessees of authorities in their annual report to the state board of equalization as prescribed in § 64-6-107(d).
3. The division of state audit may conduct its review of the regional megasite authorities as part of the performance audit conducted on the department of economic and community development; provided, that both entities are subject to review in the same year by the joint evaluation committees created by § 4-29-103.

Acts 2014, ch. 627, § 2.

64-7-101. Creation — Purpose.

1. There is hereby created and established the Greater Nashville regional council, being a public body corporate and politic created on behalf of the counties of Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson and Wilson and all incorporated municipalities and metropolitan governments located within these counties.
2. The general assembly hereby finds that it is necessary and desirable to create and establish the Greater Nashville regional council and empower the regional council with the duties, powers and authority set forth in this chapter, based in part on the finding of the general assembly as follows:
   1. The local governments comprising the regional council have experienced and are projected to experience continued rapid growth of residential, commercial and industrial development, which growth mandates coordination of planning, economic development and projects by and between local governments;
   2. This growth results in part from the location of major national and international industries and manufacturing facilities within the region, including support and corollary industries;
   3. The local governments within the region must plan, finance and implement projects, such as construction and upgrading of roads, highways and infrastructure as a direct result of increased demand attributable to growth within the region, much of which crosses local government jurisdictional boundaries; and
   4. It is in furtherance of the public policy of the state to create the regional council for the purpose of assuring continued growth and development in a manner that will preserve, protect and enhance the special quality of life indigenous to Tennessee. It is the further intent of the general assembly that the provisions and intent of this chapter be liberally construed.
3. The regional council established pursuant to this chapter supersedes and is established in lieu of the Mid-Cumberland development district, previously established pursuant to the “Development District Act of 1965,” compiled in title 13, chapter 14, and the Mid-Cumberland council of governments established by agreement of the local governments pursuant to the “Interlocal Cooperation Act,” compiled in title 12, chapter 9. It is the intent and purpose of the general assembly to establish the regional council with the powers and duties set forth in this chapter, in lieu of and in substitution of the Mid-Cumberland development district and Mid-Cumberland council of governments. All funding provided to the Mid-Cumberland development district pursuant to § 13-14-111 shall now and hereafter be provided to the regional council in the amount and manner as set forth in § 13-14-111.
4. The regional council is created and established for the purpose of regional planning, economic development and interlocal agreements and cooperation for the geographical area embracing the above counties and incorporated municipalities located therein, referred to as the “region” in this chapter.
5. The regional council's role in regional planning, economic development and interlocal agreements and cooperation includes the coordination of these activities and programs with those of other federal, state and local planning and development agencies.

Acts 1988, ch. 886, § 1.

Compiler's Notes. The reference in this section to the  Mid-Cumberland development district appears to be in error as § 13-14-111 refers to the Upper Cumberland development district not the Mid-Cumberland development district.

64-7-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. [Deleted by 2018 amendment.]
2. [Deleted by 2018 amendment.]
3. “Comprehensive plan or general plan” means a general, broad-based long range plan or document that formulates policies and proposals to guide the growth and development of a local government. Such plans address functional elements, including, but not limited to, future land use, improvements to transportation systems, community facilities and infrastructure, as well as providing a capital improvements program and budget for implementation of these proposed improvements;
4. “Infrastructure” means the basic network of public utilities and access facilities that support and promote land development. Water and sewerage system elements, storm drainage systems, roads, streets and highways, public transportation, pedestrian and bicycle facilities, railroads, gas and electric transmission lines, telecommunications networks and solid waste disposal sites and similar public facilities shall be included in this definition;
5. “Local government or governments” means Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson and Wilson counties and all incorporated municipalities and metropolitan governments located within these counties;
6. “Public agency” means the regional council, any political subdivision of this state, any agency of the state government or of the United States and any political subdivision of another state;
7. “Regional council” means the greater Nashville regional council created by this chapter; and
8. “Regional impact project” means:
   1. Any commercial, residential, industrial, recreational or public facility building or development, the construction or expansion of which is proposed to be located in more than one (1) local government jurisdiction and/or where the construction or expansion of the building or development is expected by the local government or by the regional council to have infrastructure impacts upon two (2) or more government jurisdictions; and
   2. 1. Upon determination that the proposed location, construction or expansion of a building or development is expected by the local government or by the regional council to have infrastructure impacts upon two (2) or more local government jurisdictions, additional quantitative measures are provided in this chapter for general reference in the determination of regional impact projects, and are not all inclusive, but shall include any:

1. Commercial or industrial building or development aggregating two hundred fifty thousand square feet (250,000 sq. ft.) or more of floor area;
2. Residential development of two hundred fifty (250) or more dwelling units;
3. Recreational or public facility building or development that will generate fifteen thousand (15,000) or more additional vehicle trips per day; and
4. Infrastructure project having the installation of water lines of greater than six inches (6") in diameter, sewer lines greater than eight inches (8") in diameter or road improvements that provide or increase capacity by fifteen thousand (15,000) or more vehicles per day;

The applicability of these measures in the determination of regional impact projects will vary somewhat with the location of the proposed project, but should be used by the local government jurisdictions and/or the executive committee in making such determinations. Other quantitative measures as determined by the executive committee may be utilized in determining regional impact projects.

Acts 1988, ch. 886, § 1; 2018, ch. 634, §§ 1, 2.

Amendments. The 2018 amendment deleted the former definitions of “city, large” and “city, small” which read: “‘City, large’ means any city having a population of fifty thousand (50,000) or more;“‘City, small’ means a city with a population of less than fifty thousand (50,000);” and  inserted “public transportation, pedestrian and bicycle facilities,” following “streets and highways,” in the definition of “infrastructure”.

Effective Dates. Acts 2018, ch. 634, § 10. April 2, 2018.

64-7-103. Regional council — Composition — Term of office — Officers — Meetings.

1. The regional council shall be composed of and governed by the following:
   1. County mayor of each county within the region;
   2. The mayor of each municipality within the region;
   3. The chief executive officer of any metropolitan government within the region;
   4. One (1) representative from an agency or organization dealing with problems of economic development or promotion appointed by the county mayor, county executive, or metropolitan mayor from each of the regional council's member counties;
   5. One (1) state senator selected from and by those senators whose districts are wholly or in part within the region;
   6. One (1) state representative selected from and by those representatives whose districts are wholly or in part within the region; and
   7. One (1) minority representative with knowledge of issues related to social equity and inclusion appointed by the county mayor, county executive, or metropolitan mayor from each of the regional council's member counties.
2. The terms of office of the regional council shall be as follows:
   1. The state senator and representative shall serve on the council for two (2) years or until they leave the general assembly, whichever occurs first;
   2. All members of the regional council who are elected officials shall serve for four (4) years or until they cease to occupy the elected position entitling them to membership, whichever occurs first;
   3. All members of the regional council who are appointed by an elected official shall serve for four (4) years or until the expiration of the term of the official by whom such representative was appointed, whichever occurs first;
   4. Members may be reappointed; and
   5. A member ceases to belong to the regional council as soon as that member is no longer a member of the general assembly, the county mayor, the mayor, the chief executive officer of any metropolitan government or is an appointee of a person who no longer holds an elected position.
3. The officers of the regional council shall be as follows:
   1. The officers of the regional council shall be a president, vice president and treasurer, who shall be elected annually from and by the regional council membership at the annual meeting, and a secretary who shall be the person serving as executive director of the regional council;
   2. The officers shall serve a term of one (1) year;
   3. Officers may be reelected; and
   4. In the event of death or permanent disability of any of the aforementioned officers, the vacancy shall be filled by a vote of the executive board for the unexpired term of the officer for the office that was so vacated.
4. The regional council shall meet at least annually. The time and place of each meeting shall be determined by the executive board. An annual meeting shall be held for the purpose of electing officers, reviewing programs of the council, adopting of annual work program and budget, and other items that may be necessary to the operation of the regional council.

Acts 1988, ch. 886, § 1; 2003, ch. 90, § 2; 2006, ch. 609, § 1; 2018, ch. 634, §§ 3-7.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Amendments. The 2018 amendment rewrote (a)(4) which read: “One (1) representative from a local agency in each county dealing with problems of industrial development or promotion appointed by the county mayor;”;  substituted “One (1) minority representative with knowledge of issues related to social equity and inclusion appointed” for “One (1) minority member selected” at the beginning of (a)(7); added “, and a secretary who shall be the person serving as executive director of the regional council” at the end of (c)(1); substituted “the executive board” for “the executive committee” in (c)(4); and rewrote (d) which read: “The regional council shall meet annually. The time and place of the annual meeting shall be determined by the executive committee. The meeting shall be held in the fourth quarter of the federal fiscal year for the purpose of electing officers, reviewing programs of the council, adopting of annual work program and budget and other items that may be necessary to the operation of the regional council.”

Effective Dates. Acts 2018, ch. 634, § 10. April 2, 2018.

64-7-104. Executive board — Membership.

1. At the annual meeting, the regional council shall appoint an executive board, which shall be empowered to perform as the administrative body of the regional council and shall be empowered by the regional council to act in its stead.
2. The membership, officers, and term of office of the executive board shall be as set forth by the organizational bylaws.
3. In determining membership on the executive board, the regional council shall ensure representation from at least one (1) local government within each of the counties represented by the council.

Acts 1988, ch. 886, § 1; 2006, ch. 609, § 2; 2018, ch. 634, § 8.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2018 amendment rewrote the section which read: “(a)  At the annual meeting, the regional council shall appoint an executive committee, which shall be empowered to perform as the administrative body of the regional council and shall be empowered by the regional council to act in its stead.“(b)  The membership, officers and term of office of the executive committee shall be as follows:“(1)  The three (3) persons who serve as officers of the regional council shall also serve in that same capacity for the executive committee;“(2)  The two (2) representatives who serve on the regional council by virtue of their election to the general assembly;“(3)  One (1) person selected by caucus from each county;“(A)  Each county shall annually caucus in July and select a person to represent that county on the executive committee;“(B)  The person selected must be chosen from among each county's representatives on the regional council;“(C)  The membership eligibility is governed by the same rules as govern membership on the regional council; and“(D)  The person selected shall serve for a period commencing the day of the annual meeting and ending no later than one (1) day prior to the next succeeding annual meeting;“(4)  The minority members from the four (4) counties having the highest percentages of minority population as reported by the latest decennial census;“(5)  Two (2) at-large representatives. One (1) shall be a mayor from a large city and the second the mayor from a small city and shall be appointed by the president; and“(6)  A designated alternate may be named to serve in the absence of the selected representative.“(c)  The executive committee shall meet monthly or by their vote call for special meetings and for deferring of meetings.“(d)  Travel or per diem expenses may be paid to members of the executive committee, except to those members of the general assembly. The senator and representative shall receive no additional compensation, other than that which they may receive from the travel and per diem expenses from their respective houses of the general assembly for their service on the executive committee.”

Effective Dates. Acts 2018, ch. 634, § 10. April 2, 2018.

64-7-105. Uniform accounting system.

The regional council shall establish and maintain the uniform accounting system as developed by the comptroller of the treasury and approved by the commissioner of finance and administration in compliance with § 13-14-108 as they relate to development districts.

Acts 1988, ch. 886, § 1.

64-7-106. Financing.

It is the intent of the state to assist financially with the development of powers and functions of the regional council and for coordination of activities under this chapter; therefore, all funding presently provided to the Mid-Cumberland development district pursuant to § 13-14-111 shall be provided to the regional council in the amount and in the manner provided for in § 13-14-111 but shall not be limited to such funding.

Acts 1988, ch. 886, § 1.

Compiler's Notes. The reference in this section to the Mid-Cumberland development district appears to be in error as § 13-14-111 refers to the Upper Cumberland development district not the Mid-Cumberland development district.

64-7-107. Reporting and auditing.

1. The regional council shall prepare an annual report of its activities through June 30 of each year and submit a copy of the report to the governor, the general assembly and the commissioner of finance and administration.
2. 1. The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the regional council and approved by the comptroller of the treasury. The cost of any audit shall be paid by the regional council.
   2. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
   3. All audits shall be completed as soon as practicable after the end of the fiscal year of the regional council. One (1) copy of each audit shall be furnished to each member of the regional council and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
   4. All audits performed by the internal staff of the regional council shall be conducted in accordance with the standards established by the comptroller pursuant to § 4-3-304(9).

Acts 1988, ch. 886, § 1.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

64-7-108. Appropriating funds subject to approval — Matching funds required.

1. Funds appropriated to implement this chapter are subject to the approval of the governor and the commissioner of finance and administration.
2. Such approval shall be given only after review by the office of the governor of the annual work program developed by the regional council to assure that such program is in accordance with the development plans of the state.
3. These funds or portions thereof shall be paid only upon certification by the appropriate official of the regional council that matching local funds are available.

Acts 1988, ch. 886, § 1.

64-7-109. Bond requirements.

1. Any regional council member, executive committee member, employee, officer or any other authorized person of the regional council who receives public funds, has authority to make expenditures from public funds or has access to any public funds is hereby required to give bond to be made payable to the state with such sureties as provided in this chapter. Such bond is to be conditioned in all cases in which a different condition is not prescribed upon the faithful discharge of any part thereof.
2. Such official bond shall be executed in the same form as that prescribed by § 8-19-101 for county and state officials and employees.
3. The amount of such required bond shall be a reasonable amount as determined by the amount of public funds received, expended or the amount to which such person had access during the previous fiscal year. In the case of a new office or position, the amount of such bond shall be reasonable to protect the public from breach of the condition of faithful discharge of the duties of such office or position, when the amount of public funds to be received, expended or to which that person will have access is considered.
4. All such official bonds shall be signed by authorized individuals of a corporate surety, and such corporation shall be duly licensed to do business in Tennessee as a surety.
5. The official bonds required under this section are hereby required to be transmitted to the comptroller of the treasury, be filed in comptroller of the treasury's office, and be receipted for by comptroller of the treasury.
6. No examination or certification of any such bonds is required in this section.
7. Provisions for bonds of all state and county officers set forth in title 8, chapter 19 shall also govern the bonds of all persons covered under this section, so far as title 8, chapter 19 are not inconsistent with this section.
8. The regional council shall pay the premiums for such bonds.

Acts 1988, ch. 886, § 1.

64-7-110. Powers and duties.

1. The regional council has the following powers and duties:
   1. To organize itself into a public body, elect its officers and adopt bylaws for purposes of carrying out functions authorized under this chapter;
   2. To receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects and other activities deemed necessary to promote the efficient, harmonious and economic development of the region, to receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
   3. To contract with local, state and federal agencies and with consultants for services to be provided;
   4. To prepare broad plans for the economic development of the region including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region that will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development and may include distribution of population, urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, that will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens, including the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development;
   5. To cooperate and coordinate its activities with the local and state planning agencies and with development districts in developing and implementing plans for development;
   6. To cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the region and recommend projects that will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the former Area Redevelopment Program and the former Economic Opportunity Act;
   7. To cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development;
   8. To compile, prepare, publish and disseminate information about the economic resources of the region and about subareas;
   9. To encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws;
   10. To enter into compacts and contractual arrangements with planning agencies of other adjoining or neighboring states for the purpose of preparing joint, comprehensive plans for development of a broader area or region. The regional council is hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary;
   11. To assume and perform all duties, powers, functions and obligations and is entitled to all rights under all contracts and agreements to which the Mid-Cumberland development district and the Mid-Cumberland council of governments is a party, including all funding and compensation due under the contracts and agreements, including, but not limited to, all state and federal grants and programs;
   12. To contract with any other public agency singly or jointly to implement and administer public agency plans and to operate public agency programs and projects. Any other public agency has the power to contract with the regional council to implement and administer its plans and to operate its projects;
   13. To discuss and make recommendations on matters involving intergovernmental cooperation brought to the attention of the regional council by the regional council members, nonmembers, local governments, units of the state and federal governments, quasi-governmental agencies or citizens of the region;
   14. To initiate and/or request studies deemed necessary by the executive committee or the full regional council to further understanding of any matters or problems under consideration by the regional council;
   15. To establish or designate any such committees, technical committees or advisory groups it deems necessary to assist the carrying out of its purposes and functions;
   16. To accept contributions of funding and other assistance from:
       1. Other public agencies; and
       2. Private individuals, agencies, foundations, institutions, organizations, companies and/or corporations to further the planning or implementation functions described in this section and directed by the executive committee. The regional council shall not accept such private contributions when and if the contribution may be determined by the executive committee to be an effort to influence the regional council's actions, recommendations or plans;
   17. To own or lease real and personal property that is necessary in order to fulfill the duties and responsibilities of the regional council as set forth in this chapter; and
   18. To have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state.
2. The regional council has powers and duties that enable it to function as a catalyst in the implementation of projects that are planned by or for the regional council or are for the benefit of a portion of the member local governmental units of the regional council. The regional council as a public agency and any one (1) or more local governments within the region as public agencies may join together to exercise their powers in the following manner:
   1. Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise or enjoy all the powers, privileges and authority conferred by this chapter upon a public agency. The authority for joint or cooperative action of political subdivisions applies only to such powers, privileges or authority vested in their governing bodies, and no joint or cooperative agreement shall be entered into affecting or relating to the constitutional or statutory powers, privileges or authority of officers of political subdivisions or of agencies of political subdivisions having powers granted by statute independent of the governing body;
   2. Any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law is necessary before any such agreement may enter into force;
   3. Any such agreement shall specify the following:
      1. Its duration;
      2. The precise organization, composition and nature of any separate legal or administrative entity or entities created thereby, which may include, but not be limited to, a nonprofit corporation, together with the powers delegated thereto;
      3. Its purpose or purposes;
      4. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking;
      5. The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
      6. Any other necessary and proper matters;
   4. In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (b)(3)(A)-(F), contain the following:
      1. Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and, in the case of a joint board, public agencies party to the agreement shall be represented; and
      2. The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking;
   5. No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance of the agreement by a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility;
   6. Financing of joint projects by agreement shall be as provided by law;
   7. In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state;
   8. In the event that an agreement made pursuant to this chapter deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or agency's jurisdiction;
   9. Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services for the undertaking as may be within its legal power to furnish;
   10. Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. Contracts entered into pursuant to this section need to conform to the requirements set forth in this chapter for contracts for joint undertakings; and
   11. Nothing in this chapter prohibits any public agency from contracting with other public agencies under existing statutory or charter authority.
3. The regional planning function of the regional council shall be broadly interpreted from the functions in subsections (a) and (b) and shall also include specifically the following functions:
   1. Developing, amending and redrafting regional goals, strategies, policies, standards and plans for the region, which goals, strategies, standards and plans may consist of, but are not limited to, a combination of the following elements: land use, transportation, water, sewer, solid waste, recreation and open space, housing and environmental concerns;
   2. Reviewing and making recommendations on all comprehensive or general plans or major elements thereof developed by the local governments after the enactment of these provisions to ensure compatibility and consistency with regional goals, strategies, policies, standards and plans adopted by the regional council, which plans by the local governments include, but are not limited to, existing and future land use, functional transportation plan, public facilities plan to include water and sewer plans, capital improvements programs and budgets;
   3. Reviewing all grant and loan requests from local governments or other organizations or agencies within the jurisdiction of the local governments to the state and federal governments and submitting recommendations and comments on these requests where appropriate as authorized previously by executive order of the governor;
   4. Reviewing all regional impact projects;
   5. Planning for any regional cooperative infrastructure projects and acting as a catalyst in the implementation of these projects by planning for these projects, assisting in the structuring of financing and financial arrangements and assisting in the formation of institutional arrangements for the construction and operation of these facilities; and
   6. Calling for public hearings for the purpose of citizen participation on any of the above within the discretion of the executive committee, to resolve conflict between and among entities of local governments on any of the above, or to resolve conflicts between the regional council and any local government affected by a regional goal, policy, standard and plan.
4. The review processes as outlined in subdivisions (c)(2) and (3) are mandatory reviews, and the executive committee shall issue comments and/or recommendations to the local, state or federal governments as to the findings of these reviews. The comments and/or recommendations of the executive committee shall not be binding on these governmental units, but shall be viewed as advisory as are those of other reviewing bodies, such as local planning commissions. Review by the executive committee of items in subdivisions (c)(2) and (3) shall be based on the regional council's adopted regional goals, strategies, policies, standards and plans.
5. The review process as outlined in subdivision (c)(4) may be initiated by any of the following means:
   1. A mayor or county mayor and/or legislative body whose city or county will be impacted by the project can request the review in accordance with procedures established by the executive committee;
   2. The planning staff of any jurisdiction in which the project is proposed to be located and/or the planning commission that has jurisdiction over the review, recommendation or approval of the project;
   3. The executive committee may request review of the proposed project; or
   4. Any agency, commission or department of the state of Tennessee, adjoining state or federal government may request the regional council to review the project.
6. The executive committee's review, comments and/or recommendations regarding a regional impact project will be based on compatibility and consistency with regional goals, strategies, policies and plans, and it will also be based on an analysis of the probable impacts of the regional impact project. The impact analysis is designed to be an aid and an information source for mayors, county mayors, planning staffs, local planning commissions, city councils, and boards of county commissioners, state and federal agencies, commissions and departments in their evaluations of a project and an aid for adjacent jurisdictions to coordinate and plan for impacts that are created by these projects.
7. The review and recommendations process as outlined in subdivisions (c)(3) and (4) shall be completed by the executive committee within a maximum of thirty (30) days after its submission to the executive committee. Projects, grants and loan applications will be placed on the executive committee's next available agenda when received by the executive committee if the project, grant or loan application is received within fifteen (15) days of the meeting. If the project, grant or loan application is received by the executive committee less than fifteen (15) days prior to its next meeting, it will be placed on the agenda of the next subsequent meeting. If the executive committee fails to respond to a project, grant or loan application by failing to make a review and recommendation or fails to call for a public hearing within the thirty (30) days after its submittal, it is deemed acceptable or of no regional impact. The thirty-day review period may be extended, if the executive committee finds it is appropriate to do so in the public interest in order to conduct a public hearing. The review and recommendation of the executive committee on regional impact projects is an advisory function only. The ability to approve, modify or disapprove a regional impact project is wholly and completely within the jurisdiction of the local government in which the project is proposed to be located.

Acts 1988, ch. 886, § 1; 2003, ch. 90, § 2; 2009, ch. 59, § 1.

Compiler's Notes. The former Federal Economic Opportunity Act was codified as 42 U.S.C. § 2701 et seq.

The former Area Redevelopment Act was codified as 15 U.S.C. § 461, 42 U.S.C. §§ 1464, 2501 et seq.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Housing authorities, title 13, ch. 20.

64-7-111. Limitations on powers and duties of regional council.

The following are limitations on the powers and duties of the regional council:

1. All plans shall be advisory only unless provided otherwise by federal law pertaining to the development of regional plans and programs;
2. No authority is hereby granted to enact zoning ordinances or subdivision standards;
3. No authority is hereby granted such that would supplant or in any way interfere or supersede the planning and development authority granted cities and counties under other applicable state statutes;
4. Plans prepared under this part must reflect goals and objectives for harmonious development of the region and, in the case of highways, must be in accordance and coordinated with plans of the department of transportation and of the [former] state planning office;
5. Plans prepared under this chapter shall be transmitted to all governmental bodies in the region, and these may be adopted as their own for purposes of planning and development;
6. No authority is hereby granted for the exercise of the power of eminent domain;
7. No authority is hereby granted to regulate the agricultural or other use of land; and
8. No votes may be cast by proxy, and only duly appointed members of the regional council may vote.

Acts 1988, ch. 886, § 1; 2018, ch. 634, § 9.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

Amendments. The 2018 amendment added “unless provided otherwise by federal law pertaining to the development of regional plans and programs” at the end of (a)(1).

Effective Dates. Acts 2018, ch. 634, § 10. April 2, 2018.

64-7-112. Operations.

The regional council shall adopt and operate under the following:

1. Subject to the approval of the commissioner of finance and administration, adopt statewide uniform travel regulations, and the regional council shall reimburse its officers and employees for official travel in conformance with such regulations;
2. Develop a system of competitive bidding on purchases of supplies and equipment and other contracts and submit the written procedures governing such system to the state procurement commission for approval;
3. Develop written personnel procedures to be filed with the commissioner of finance and administration for the hiring, promotion, demotion and dismissal of all employees and shall include an employee compensation plan based on a salary comparability analysis that takes into account state salary schedules, local government salary schedules and regional private market variations; and
4. Submit, annually, to the chairs of the finance, ways and means committees of the senate and house of representatives and to the office of legislative budget analysis a work program and budget, including an executive summary of the regional council's work program and budget.

Acts 1988, ch. 886, § 1; 2010, ch. 1030, § 15; 2011, ch. 295, § 19; 2016, ch. 797, § 16.

Part 1
Regional Transportation Authority of Middle Tennessee

Chapter 10
Regional Marketing Authorities

64-11-101. Filing — Audit by the comptroller.

All entities created under this title must file an annual financial audit with the comptroller of the treasury, and are subject to audit by the comptroller.

Acts 2002, ch. 603, § 10.