(a) An authority has all powers necessary to accomplish the purposes of this part, excluding the power to levy and collect taxes. The powers include, but are not limited to, the following:
Terms Used In Tennessee Code 68-221-1307
Authority: means a water and wastewater treatment authority created pursuant to this part. See Tennessee Code 68-221-1303
Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 68-221-1303
Contract: A legal written agreement that becomes binding when signed.
Creating governmental entity: means any city, metropolitan government, county or utility district that creates an authority pursuant to this part. See Tennessee Code 68-221-1303
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Participating governmental entity: means any utility district, metropolitan government, city, town or county, which utility district, city, town or county, pursuant to a resolution of its governing body, has sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion of its water or wastewater treatment works, to the authority for operation by the authority in order to make the treatment works an operational part of its treatment works. See Tennessee Code 68-221-1303
Treatment works: means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof. See Tennessee Code 68-221-1303
(1) Have perpetual succession, sue and be sued, and adopt a corporate seal;(2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state;(3) Acquire real or personal property or any interest in property by gift, lease or purchase, for any of the purposes provided in this part; and to sell, lease or otherwise dispose of any such property;(4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related to any treatment works, of the creating governmental entity and operate the treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion of the treatment works, owned by any participating governmental entity;(5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of the governmental entities to the authority, and with respect to the retention by those employees of accrued pension, disability, hospitalization and death benefits;(6) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority;(7) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the financial assistance;(8) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority;(9) Have control of the authority’s treatment works with the right and duty to establish and charge fees, rates and other charges, as set out in this part, and collect revenues from the fees, rates and other charges, not inconsistent with the rights of the holders of its bonds;(10) Appoint an executive director, and acknowledge the executive director’s staff appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation;(11) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to any terms and conditions that may be agreed upon;(12) Enter any lands, waters or premises that, in the judgment of the authority, may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done;(13) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report on the audit;(14) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8; and(15) Adopt regulations by majority vote of the board, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. “Nontraditional sewage disposal systems” does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted under that act, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated under that act, if a copy of the regulations is filed with the department.(b) The commissioners, all appointed officers, and all personnel employed by the board of commissioners of any water and wastewater authority under this chapter, are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the installation of water and wastewater service within the bounds of the district; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed within the bounds of the district as water and wastewater service.(c) Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services, and projects of an authority shall be consistent with the relevant county growth plan.
