§ 68-211-901. Short Title
This part shall be known and may be cited as the “Solid Waste Authority Act of 1991.”
§ 68-211-902. Part Definitions
As used in this part, unless the context otherwise requires: “Authority” or “solid waste authority” means any public instrumentality organized pursuant to this part; “Bonds” or “revenue bonds” means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this part, or pursuant to any other law, as supplemented by, or in […]
§ 68-211-903. Solid Waste Authority — Creation — Resolutions — Agreements Among Creating Counties and Municipalities — Name
A county or any of the counties in a municipal solid waste region may create a solid waste authority, by resolution of the respective county governing bodies; provided, that opportunity shall be provided for public comment on such resolution. Any municipality, the majority of the territory of which lies within a county that is creating […]
§ 68-211-904. Board of Directors — Members — Compensation
A resolution, creating or amending the resolution creating an authority for a county or approving an agreement to create an authority with other counties or municipalities, shall provide for the establishment of a board of directors to administer the activities of the authority. The authority’s board of directors may be the same board as that […]
§ 68-211-905. Board of Directors — Officers — Quorum — Vacancies — Removal of Members
The directors shall meet and organize as a board and shall elect one (1) of its members as chair, one (1) as vice chair, one (1) as secretary and one (1) as treasurer, and such officers shall annually be elected thereafter in like manner. The duties of secretary and treasurer may be performed by the […]
§ 68-211-906. Solid Waste Authorities — Public Instrumentalities — Powers — Exclusive Jurisdiction and Right to Control Collection of Solid Waste Within Boundaries — Disposal of Waste by Manufacturing Firms
Each solid waste authority created pursuant to this part shall be a public instrumentality of the county and municipal government or governments participating in its creation or participating by agreement after its creation. The authority shall have the following powers, together with all powers incidental thereto or necessary for the performance of such powers, to: […]
§ 68-211-907. Exclusion or Regulation of Waste
To the extent that a region’s plan permits, an authority may restrict access to its solid waste disposal facilities by excluding waste originating with persons or entities outside the region. An authority may regulate the flow of all municipal solid waste within the county or counties constituting the authority. The authority may require the disposal […]
§ 68-211-908. Power of Condemnation
The authority is authorized and empowered to condemn in its own name any land, rights in land, easements or rights-of-way situated within the territorial limits of the authority which, in the judgment of the board of directors, are necessary for carrying out the purposes for which the authority is created, and such property or interest […]
§ 68-211-909. Counties and Municipalities — Assignment or Loan of Employees and Provision of Facilities to Authority
For the purpose of aiding and cooperating with an authority, any county or municipality with respect to which such authority is created may assign or loan any of its employees, including its engineering staff and facilities, and may provide necessary office space, equipment or other facilities for the use of such authority.
§ 68-211-910. Bonds — Issuance — Execution — Sale — Negotiability — Refunding Bonds — Amount — Notice of Issuance — Application of Proceeds
The authority has the power to issue bonds from time to time in order to accomplish its purposes. Except as herein otherwise expressly provided, all bonds issued by the authority shall be payable solely out of the revenue and receipts derived from the authority’s projects or of any thereof as may be designated in the […]
§ 68-211-911. Principal of and Interest on Bonds — Security — Guarantees
The principal of and interest on any bonds issued by the authority shall be secured by a pledge of such revenues and receipts out of which the same may be made payable. The proceedings under which the bonds are authorized to be issued may contain any agreements and provisions respecting the maintenance of the projects […]
§ 68-211-912. Counties and Municipalities — Liability
No county or municipality shall be liable for the payment of the principal or interest on any bonds, notes or other instruments evidencing indebtedness of the authority except as provided in this part. Neither shall any county or municipality be liable for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever […]
§ 68-211-913. Revenues and Income of Authority — Directors and Employees
No part of the revenues or income of the authority shall inure to the benefit of any director or employee of the authority except as expressly authorized by this part.
§ 68-211-914. Authority as Public Instrumentality — Exemption From Taxation — Bonds Deemed to Be Securities
The authority is declared to be performing a public function in behalf of each county or municipality with respect to which it is organized and to be a public instrumentality of such county, counties, municipality or municipalities. Accordingly, the authority and all properties at any time owned by it and the income therefrom and all […]
§ 68-211-915. Annual Audit — Cost — Copies of Audit Available to Public
Except as otherwise approved by the comptroller of the treasury, any authority created pursuant to this chapter has the power and shall cause to be made an annual audit of the accounts and records of the authority. The audit shall include all funds of the authority, whether held by the authority or pursuant to trust […]
§ 68-211-916. Contracts With Governmental Entities Authorized — Duration — Payments to Authority — Funding
The state of Tennessee or any county or municipality within the solid waste region is authorized, whenever the same shall be found desirable by its governing body, to enter into contracts, agreements or other arrangements with the authority regarding any project, facility or service of the authority, including, without limitation, the collection, transfer, storage, transportation, […]
§ 68-211-917. Powers of Authorities Cumulative — Powers of Governmental Entities
Neither this part nor anything herein contained shall be construed as a restriction or a limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceeding notice or approval shall be required with respect to […]
§ 68-211-918. Counties and Municipalities — Powers — Violation of Ordinances or Resolutions — Penalty — Injunctive Relief
Any county or municipality with respect to which the authority was organized has all necessary powers in order to further the purposes of this part, including, without limitation, the power to: Provide that any funds available to it for solid waste or resource recovery purposes shall be paid directly to the authority; and Sell, lease, […]
§ 68-211-919. Acquisition of Project Sites — Method — Authorization
Any county or municipality with respect to which the authority was organized may acquire a project site by gift, purchase, lease or condemnation, and may transfer any project site to the authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of such county or municipality without […]
§ 68-211-920. Contracts With Solid Waste Authorities — Municipal Corporations and Counties — With Taxing Power — Without Taxing Power
Whenever, and as often as, a municipal corporation or county having taxing power enters into a contract with a solid waste authority or other contracting party under this part, the governing body of such municipal corporation or county shall provide by resolution for the levy and collection of a tax sufficient to pay when due […]