(a) 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:

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Terms Used In Tennessee Code 68-211-906

  • 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.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the body in which the general legislative powers of a municipal corporation are vested and, in the case of counties, means the legislative body of the respective counties. See Tennessee Code 68-211-902
  • 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
  • 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
  • Person: means person as defined in §. See Tennessee Code 68-211-902
  • Project: means any solid waste disposal facility or resource recovery facility, or any combination thereof. See Tennessee Code 68-211-902
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Solid waste: means solid waste as defined in §. See Tennessee Code 68-211-902
  • solid waste authority: means any public instrumentality organized pursuant to this part. See Tennessee Code 68-211-902
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Have succession by the name given in the resolution or resolutions creating the authority, unless dissolved as provided in this part;
(2) Sue and be sued and prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
(3) Have and use a corporate seal and alter the same at pleasure;
(4) Plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more projects, which projects shall be situated within the boundaries of the county or counties with respect to which the authority shall have been created, including all real and personal property, facilities and appurtenances which the board of directors of the authority may deem necessary in connection therewith and regardless of whether or not any such project shall then be in existence;
(5) Acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, any and all types of property, whether real, personal or mixed, tangible or intangible and whether or not subject to mortgages, liens, charges or other encumbrances and hold, sell, lease, exchange, donate or convey any or all of its properties, facilities or services, whenever the board of directors of the authority shall find such action to be in furtherance of the purposes for which the authority is created;
(6) Remove, receive, transport, collect, purchase, transfer or otherwise obtain solid waste for disposal or processing from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith;
(7) Sell, transfer, distribute or otherwise dispose of electricity, steam, or other forms of power or energy or energy producing material or any other material, product or commodity resulting from the operation of any project, facility or service of the authority to any municipality, county, the state of Tennessee, the United States or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith;
(8) Make and enter into all contracts, trust instruments, agreements and other instruments with any municipality, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, including, without limitation, bonds and other forms of indebtedness and contracts for the management and operation of any project, facility or service of the authority or the treatment, processing, storage, transfer or disposal of solid waste;
(9) Incur debts, borrow money, issue bonds and provide for the rights of the holders of such bonds;
(10) Pledge all or any part of the revenues and receipts of the authority to the payment of any indebtedness of the authority, and make covenants in connection with the issuance of bonds or other indebtedness or to secure the payment of such bonds or other indebtedness;
(11) Have control of its projects, facilities and services with the right and duty to establish and charge fees, rentals, rates and other charges for the use of the facilities and services of the authority, and the sale of materials or commodities by the authority, and collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds;
(12) Apply for and accept donations, contributions, loans, guaranties, financial assistance, capital grants or gifts from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person for or in aid of the purposes of the authority and enter into agreements in connection therewith;
(13) Operate, maintain, manage, and enter into contracts for the operation, maintenance and management of any project undertaken, and make rules and regulations with regard to such operation, maintenance and management;
(14) Exercise all powers expressly given in this part and in the creation and amendment of resolutions and establish bylaws and make all rules and regulations not inconsistent with the creation and amendment of resolutions or this chapter, deemed expedient for the management of the affairs of the authority;
(15) Enter onto any lands, waters and premises for the purpose of making surveys, soundings and examinations in and for the furtherance of the purposes authorized by this part and part 8 of this chapter at reasonable times and with written notice to property owners;
(16) Employ and pay compensation to such employees and agents, including attorneys, accountants, engineers, architects and financial advisors, as the board of directors shall deem necessary for the business of the authority;
(17) Authorize its employees to participate in the Tennessee consolidated retirement system pursuant to § 8-35-243, and guarantee any outstanding liability incurred by such participation out of any funds or money of the authority available therefor;
(18) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of any county or counties, or municipalities with respect to which the authority shall have been created, with the consent of such county or counties, or municipalities and subject to such terms and conditions as may be agreed upon; and
(19) Exercise all powers expressly given to it and establish and make rules and regulations not inconsistent with this part and part 8 of this chapter, deemed expedient for the management of the authority’s affairs.
(b) Except as otherwise provided in this part, an authority, with the concurrence of the county governing body in any county for the territory outside of municipal boundaries, and the governing body of any municipality for the territory of the municipality, may exercise exclusive jurisdiction and exclusive right to control the collection of solid waste within its boundaries, and to control the disposition of solid waste collected within its boundaries.
(c) The power granted to an authority by this section shall not prevent a manufacturing firm which holds a permit from the state of Tennessee to dispose of or utilize its own solid wastes on the property of the manufacturing firm.
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