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Tennessee Statutes, Title 7

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Tennessee/Statutes

← All Tennessee coverage

Title 7, Consolidated Governments and Local Governmental Functions and Entities

54 chapters · 1,257 sections in this title.

All chapters in Title 71,257 Ch 84, Central Business Improvement Distric…158 Ch 51, Miscellaneous Governmental and Propr…125 Ch 82, Utility District Law of 193763 Ch 52, Municipal Electric Plants55 Ch 86, Emergency Communications53 Ch 32, Improvements by Special Assessment42 Ch 3, Metropolitan Government — Operation …37 Ch 57, Metropolitan Hospital Authority Act33 Ch 36, Municipal Energy Authority Act32 Ch 39, Energy Acquisition Corporations Act32 Ch 59, Cable Television30 Ch 81, Sanitary Districts30 Ch 53, Industrial Development Corporations29 Ch 35, Sewers and Waterworks28

32 sections·Filtered byTitle 7✕Ch 36✕

Tenn. Code Ann. § 7-36-101 Short title
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This chapter shall be known and may be cited as the “Municipal Energy Authority Act.”
Tenn. Code Ann. § 7-36-102 Chapter definitions
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(1) As used in this chapter:(1) “Acquire” means to construct or to acquire by purchase, lease, lease-purchase, devise, gift, exercise of the power of eminent domain, or exercise of any other mode of acquisition;(2) “Associated municipality” means a municipality that is located in…
Tenn. Code Ann. § 7-36-103 Formation of authority
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(a) If the governing body of an associated municipality, by appropriate resolution, duly adopted by a two-thirds (⅔) or greater vote, finds and determines that it is wise, expedient, necessary, or advisable that an authority be formed, it shall authorize the mayor of the associat…
Tenn. Code Ann. § 7-36-104 Certificate of incorporation
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(a) The certificate of incorporation shall set forth:(1) The name of the authority;(2) A recital that permission to organize the authority has been granted by resolution duly adopted by the governing body of the associated municipality and the date of the adoption of the resoluti…

Tenn. Code Ann. § 7-36-105 Filing and approval of certificate of incorporation — Creation of authority — Corporate name

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(a) When executed and acknowledged in conformity with § 7-36-104, the certificate of incorporation shall be filed with the secretary of state. The secretary of state shall examine the certificate of incorporation and, if the secretary of state finds that the recitals contained in…

Tenn. Code Ann. § 7-36-106 Amendment of certificate of incorporation

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(a) The certificate of incorporation may, at any time, be amended so as to make any changes in the certificate of incorporation and add any provisions to the certificate of incorporation that might have been included in the original certificate of incorporation. (b) An amendment …

Tenn. Code Ann. § 7-36-107 Powers of authority

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(a) The authority is authorized, effective immediately upon the effective date of its formation, either singly or jointly with one (1) or more persons, municipalities, or federal agencies, or with this state, or with one (1) or more agencies or instrumentalities of this state or …

Tenn. Code Ann. § 7-36-108 Independent operation of utility system

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Each system of the authority shall operate independently of the others and shall be self-sustaining, except insofar as the board may by resolution combine any of the systems which, in the opinion of the board, shall be advisable and economical and which by the general laws of the…

Tenn. Code Ann. § 7-36-109 Powers of board of directors

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(a) The affairs of the authority and the exercise of the powers of the authority shall be vested in the board of directors. The following powers shall be exercised directly by the board by resolution of the board:(1) Selection and employment of the president, who shall serve as t…

Tenn. Code Ann. § 7-36-110 Appointment of directors — Chair and vice chair — Meetings — Removal from office

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(a) The initial board of directors of the authority shall be composed of the members of the board of directors of the supervisory board, who shall serve as directors for the unexpired terms of their appointment to the board of directors of the supervisory board and who shall take…

Tenn. Code Ann. § 7-36-111 President

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(a) The board shall appoint a president, as provided in § 7-36-109(a)(1), who shall be chief executive officer of the authority. The salary of the president shall be fixed by the board, and the board may enter into an employment contract with the president for a term of no more t…

Tenn. Code Ann. § 7-36-112 Policy governing purchases of services or property, leases and lease-purchases, and disposition of property — Power to dispose of electric plant

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(a) The board shall adopt a policy governing all purchases of services or property, whether real or personal, all leases and lease-purchases, and the disposition of all property of the authority. The policy shall authorize the president, the president's designee, or such other of…

Tenn. Code Ann. § 7-36-113 Issuance of bonds — Proceeds of sale of bonds — Approval of bonds — Balanced annual operating budgets

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(a) The authority shall have power and is authorized to issue its bonds for the construction, acquisition, reconstruction, improvement, betterment, or extension of any system of the authority or to assume and to agree to pay any indebtedness incurred for any of the foregoing purp…

Tenn. Code Ann. § 7-36-114 Resolution authorizing issuance or assumption of bonds — Repurchase of bonds — Temporary bonds — Contract or agreement facilitating issuance and sale of bonds

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(a) No bonds shall be issued or assumed under this chapter unless authorized to be issued or assumed by resolution of the board, which resolution may be adopted at the same meeting at which it is introduced by a majority of all members then in office, and shall take effect immedi…

Tenn. Code Ann. § 7-36-115 Power to secure bonds and to covenant as to bonds

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(a) In order to secure the payment of the principal and interest on the bonds issued under this chapter, or in connection with such bonds, the authority has the power to secure such bonds and to covenant as to the bonds as set forth in §§ 9-21-306 and 7-34-110. (b) In connection …

Tenn. Code Ann. § 7-36-116 Rights and remedies of bondholders

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(1) In addition to all other rights and remedies, any holders of bonds of the authority, including a trustee for bondholders, shall have the right:(1) By mandamus or other suit, action, or proceeding at law or in equity, to enforce the bondholder's rights against the authority an…

Tenn. Code Ann. § 7-36-117 Bond not debt of state, municipality, or other political subdivision of state

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No owner of any bonds issued under this chapter shall have the right to compel any exercise of the taxing powers of this state, the associated municipality, or any other municipality or political subdivision of this state to pay such bonds or the interest thereon. Each bond issue…

Tenn. Code Ann. § 7-36-118 Validity of bonds

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Bonds issued under this chapter bearing the signature of the president or other authorized officer in office on the date of the signing thereof shall be valid and binding obligations; provided, that before the delivery thereof and payment therefor, any person whose signature appe…

Tenn. Code Ann. § 7-36-119 Rates, fees, or other charges for services, facilities, and commodities

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(a) The authority shall not be operated for gain or profit or primarily as a source of revenue to the associated municipality or any other person or entity. The authority shall, however, prescribe and collect rates, fees, or charges for the services, facilities, and commodities m…

Tenn. Code Ann. § 7-36-120 Pledge of, or lien on, revenues, fees, rents, tolls, or other charges

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(a) Any pledge of, or lien on, revenues, fees, rents, tolls, or other charges received or receivable by the authority to secure the payment of any bonds of the authority, and the interest thereon, shall be valid and binding from the time that the pledge or lien is created or gran…

Tenn. Code Ann. § 7-36-121 Tax exemption

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So long as the authority owns any of the systems, the property and revenue of such system shall be exempt from all state, county, and municipal taxation. Any bonds issued by the authority pursuant to this chapter, and the income therefrom, shall be exempt from all state, county, …

Tenn. Code Ann. § 7-36-122 Payments in lieu of taxes

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The authority is authorized to pay or cause to be paid from the revenues of each of the systems for each fiscal year payments in lieu of taxes to the associated municipality or such other municipality as shall properly receive said payments. Payments from the electric system reve…

Tenn. Code Ann. § 7-36-123 Deposit of moneys

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All moneys of the authority, from whatever source derived, shall be deposited in one (1) or more banks or trust companies and, to the extent required of political subdivisions of this state, such accounts shall be continuously insured by an agency of the federal government or sec…

Tenn. Code Ann. § 7-36-124 Investment of funds

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(1) All funds of the authority are authorized to be invested as follows:(1) Direct obligations of the United States government or any of its agencies;(2) Obligations guaranteed as to principal and interest by the United States government or any of its agencies;(3) Certificates of…

Tenn. Code Ann. § 7-36-125 Assets after cessation of existence of authority

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If the authority ceases to exist, or in the event of the sale of all or substantially all of the assets of the electric system of the authority, all of its assets remaining after all of its obligations and liabilities have been satisfied or discharged shall pass to, and become th…

Tenn. Code Ann. § 7-36-126 Authority as political subdivision for purposes of regulation of public utilities

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The authority is and shall be considered a political subdivision for purposes of title 65, chapter 4.

Tenn. Code Ann. § 7-36-127 Board as governing body for purposes of Open Meetings Act

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The board shall be considered a governing body for purposes of the open meetings act, compiled in title 8, chapter 44.

Tenn. Code Ann. § 7-36-128 Authority as governmental entity for purposes of Governmental Tort Liability Act

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The authority shall be considered a governmental entity for purposes of the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.

Tenn. Code Ann. § 7-36-129 Authority as public agency for purposes of Interlocal Cooperation Act

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The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9.

Tenn. Code Ann. § 7-36-130 Authority as municipality, associated municipality, and governing body for purposes of Energy Acquisition Corporations Act

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The authority shall be considered a municipality for the purposes of the Energy Acquisition Corporations Act, compiled in chapter 39 of this title and may be an associated municipality of an energy acquisition corporation under such act, and the board shall be a governing body fo…

Tenn. Code Ann. § 7-36-131 Powers conferred by chapter additional to other powers

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The powers conferred by this chapter shall be in addition, and supplemental, to the powers conferred by any other law.

Tenn. Code Ann. § 7-36-132 Transfer from associated municipality to authority

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(a) The associated municipality is authorized to transfer to an authority created pursuant to this chapter all of the associated municipality's right, title, and interest in and all the assets of the municipal electric, water, wastewater, and telecommunications systems, or any on…