US Lawyer Database

§ 7-54-101. Chapter Definitions

As used in this chapter, unless the context otherwise requires: “Construct” or “construction” means the erection, building, acquisition by purchase or condemnation, alteration, reconstruction, improvement, or extension of energy production facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision […]

§ 7-54-102. Construction, Purchase, Improvement and Operation Authorized

A municipality has the power to construct, own, operate, or maintain within its corporate limits or within the limits of the county wherein it is located, an existing or planned energy production facility or facilities. The construction of such facility or facilities may include all necessary real and personal property, any land that may be […]

§ 7-54-103. Powers of Municipalities — Delegation of Municipal Authority

The municipality shall charge for the production of any energy for such heating, cooling or processing and may combine it with any other energy produced. In no case shall the rates charged to electric or other power utility subscribers not receiving energy from the energy production facility be increased to provide revenue for the repayment […]

§ 7-54-104. Procedure for Option — Use of Tennessee Resources

Any municipality wishing to bring itself under any one (1) or more of the provisions of this chapter may do so by resolution or ordinance of the governing body of such municipality. Such action may be taken during any stage of the construction, acquisition, development or financing of an energy production facility and shall not […]

§ 7-54-105. Loan Agreements — Contracts for Leases

In addition to the powers granted to municipalities under any other provision of this chapter and any other law, either general, special or local, a municipality other than a power district has the power to: Enter into loan agreements with any person or persons providing for the municipality to loan the proceeds derived from the […]

§ 7-54-106. Issuance of Bonds — Application of u.c.c. — Exemption From Taxation

Any municipality may, from time to time, issue its bonds under this section in such principal amounts as it deems necessary to provide sufficient funds to carry out any of the purposes of this chapter, including the establishment or increase of reserves, interest accrued during construction and for such period after the estimated date of […]

§ 7-54-107. Competitive Bidding Laws — Exemptions

All contracts for the construction, operation or maintenance of an energy production facility and all contracts authorized by § 7-54-105(a)(3) shall be exempted from any applicable competitive bidding laws of this state that shall be applicable to a municipality, and such ordinances or resolutions of any municipality that require competitive bidding, whenever: The governing body […]

§ 7-54-108. Bond Issues and Loan Agreements — Referendum

In the event that the issuance of any series of bonds or the entering into of any contract by a municipality, other than a power district, pursuant to this chapter, would constitute the giving or loaning of the credit of such municipality to or in aid of any person, company, association or corporation, or would […]

§ 7-54-109. Supplemental Provisions

This chapter shall be in addition and supplemental to any other law providing for energy facilities and shall not be deemed to amend or repeal any other law.

§ 7-54-112. Meetings of Board — Conflicts of Interest

The members of the board of directors of a not-for-profit corporation when acting pursuant to this chapter or chapter 58 of this title are deemed to be within title 12, chapter 4, part 1, relative to conflicts of interest, and the meetings of such board shall be subject to title 8, chapter 44. This section […]

§ 7-54-113. Appointment of Local Directors

Notwithstanding any other law or charter to the contrary, the board of directors of any not-for-profit corporation acting for the benefit or on behalf of any one (1) or more counties, cities, towns or governmental entities pursuant to this chapter or chapter 58 of this title shall include two (2) directors to be appointed by […]

§ 7-54-114. Director as Employee Prohibited

No member of the board of directors of a not-for-profit corporation acting for the benefit or on behalf of any one (1) or more of counties, cities, towns, and local governments under this chapter may, during such member’s term, be an employee of such corporation.