§ 7-35-401 Authority granted — Part definitions
§ 7-35-402 Purchase and combining of works
§ 7-35-403 Condemnation or purchase of necessary property
§ 7-35-404 Elements included in cost of works
§ 7-35-405 Payment of preliminary expense
§ 7-35-406 Board of commissioners — Authorized — Governing body may perform duties of board — Jurisdiction over gas systems
§ 7-35-407 Board of commissioners — Provided — Jurisdiction — Creation — First board
§ 7-35-408 Board of commissioners — Appointment — Terms
§ 7-35-409 Board of commissioners — Bond — Oath — Officers of board — Meetings — Compensation
§ 7-35-410 Removal of commissioners
§ 7-35-411 Use of existing boards
§ 7-35-412 Powers and duties of board
§ 7-35-413 Records and reports
§ 7-35-414 Rates and charges — Minimum base rate charge considered a local tax
§ 7-35-415 Charges to municipality
§ 7-35-416 Service contracts
§ 7-35-420 Borrowing and bonds authorized
§ 7-35-432 Supplemental to other laws

Terms Used In Tennessee Code > Title 7 > Municipal Functions > Chapter 35 > Part 4

  • Affiliate: means :

    • (A)

      • (i) Any person who, directly or indirectly, beneficially owns, controls or holds the power to vote fifteen percent (15%) or more of the outstanding voting securities or other voting ownership interest of a TNInvestco or insurance company. See Tennessee Code 4-28-102

      • Agency: means any administrative unit within state government that utilizes one (1) or more printed forms for information reporting by citizens or businesses. See Tennessee Code 4-25-103
      • Agriculture: means :

        • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

        • Allocation date: means the date on which investment tax credits under §. See Tennessee Code 4-28-102
        • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
        • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
        • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
        • Base investment amount: means fourteen million dollars ($14,000,000) in the case of a qualified TNInvestco receiving one (1) allocation of tax credits and twenty eight million dollars ($28,000,000) in the case of a qualified TNInvestco receiving two (2) allocations of tax credits, which must be available in cash or cash equivalents immediately following the investment by a TNInvestco's participating investors and its owners. See Tennessee Code 4-28-102
        • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
        • Bid bond: means a bond conditioned upon the entering into a contract by a bidder, if the bidder receives the award thereof, and furnishing the prescribed payment bond and performance bond. See Tennessee Code 4-26-102
        • Board: as used in this part , means a board of waterworks and/or sewerage commissioners as required and authorized in this section, constituted and appointed as provided in §§ 7-35-407 -- 7-35-409. See Tennessee Code 7-35-406
        • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
        • Commissioner: means the commissioner of economic and community development. See Tennessee Code 4-26-102
        • Contract: A legal written agreement that becomes binding when signed.
        • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
        • Department: means the department of economic and community development. See Tennessee Code 4-26-102
        • Designated capital: means an amount of money that is invested by a participating investor in a qualified TNInvestco. See Tennessee Code 4-28-102
        • Director: means the director of the office of business enterprise. See Tennessee Code 4-26-102
        • Director: means the commissioner of the department. See Tennessee Code 4-25-103
        • Disability: means a physical impairment that, in the written opinion of a person's licensed physician, substantially limits one (1) or more of the major life activities of such person and is expected to continue to exist for more than five (5) years. See Tennessee Code 4-26-102
        • Disadvantaged business: means a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is either:

          • (A) By reason of social background unable to obtain technical, business or financial assistance of a quality or quantity similar to that available to the average business. See Tennessee Code 4-26-102

          • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
          • Fiduciary: A trustee, executor, or administrator.
          • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
          • Form: means a printed or otherwise mass-duplicated document of standard format distributed by an agency for the purpose of gathering information from citizens or businesses. See Tennessee Code 4-25-103
          • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
          • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
          • major life activities: means caring for oneself and performing manual tasks, which includes writing, walking, seeing, hearing, speaking, and breathing. See Tennessee Code 4-26-102
          • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
          • Month: means a calendar month. See Tennessee Code 1-3-105
          • Municipal corporation: means any incorporated city or town in this state and any utility district created pursuant to chapter 82 of this title. See Tennessee Code 7-35-401
          • Oath: includes affirmation. See Tennessee Code 1-3-105
          • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
          • Obligee: means :

            • (A) In the case of a bid bond, the person requesting bids for the performance of a contract. See Tennessee Code 4-26-102

            • Participating investor: means any insurance company required to pay the gross premiums tax pursuant to §. See Tennessee Code 4-28-102
            • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
            • Payment bond: means a bond conditioned upon the payment by the principal of money to persons under contract with the principal. See Tennessee Code 4-26-102
            • Performance bond: means a bond conditioned upon the completion by the principal of a contract in accordance with its terms. See Tennessee Code 4-26-102
            • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
            • Person: means any natural person or entity, including, but not limited to, a corporation, general or limited partnership, trust or limited liability company. See Tennessee Code 4-28-102
            • Prime contractor: means the person with whom the obligee has contracted to perform the contract. See Tennessee Code 4-26-102
            • Principal: means :

              • (i) In the case of a bid bond, a person bidding for the award of a contract. See Tennessee Code 4-26-102

              • Profit share percentage: means a fee paid to the state by a qualified TNInvestco as provided in §. See Tennessee Code 4-28-102
              • Project for a private purpose: includes , but is not limited to:

                • (a) Any commercial project, commercial subdivision, private residence or residential subdivision that is owned by a nonpublic entity. See Tennessee Code 7-35-401

                • Property: includes both personal and real property. See Tennessee Code 1-3-105
                • Qualified business: means a business that is independently owned and operated and meets all of the following requirements:

                  • (i) It is headquartered in this state, its principal business operations are located in this state, and at least sixty percent (60%) of its employees are located in this state. See Tennessee Code 4-28-102

                  • Qualified investment: means the investment of cash by a qualified TNInvestco in a qualified business for the purchase of equity, equity options, warrants, or debt convertible to equity. See Tennessee Code 4-28-102
                  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
                  • Sewerage system: means all or any part of the following:

                    • (A) The collecting system. See Tennessee Code 7-35-401

                    • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
                    • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                    • State premium tax liability: means any liability incurred by an insurance company under §. See Tennessee Code 4-28-102
                    • Statute: A law passed by a legislature.
                    • Subcontractor: means a person who has contracted with a prime contractor or with another subcontractor to perform a contract. See Tennessee Code 4-26-102
                    • Surety: means the person who:

                      • (A) Under the terms of a bid bond, undertakes to pay a sum of money to the obligee in the event the principal breaches the conditions of the bond. See Tennessee Code 4-26-102

                      • TNInvestco: means a partnership, corporation, trust or limited liability company, whether organized on a for-profit or not-for-profit basis that completes the application process in §. See Tennessee Code 4-28-102
                      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                      • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
                      • Waterworks system: means all or any part of the following: