(a)

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Terms Used In Tennessee Code 7-82-108

  • 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.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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) In order to provide a safe temporary medium for investment of idle funds, utility districts are authorized to invest in the following:

(A) Bonds, notes, or treasury bills of the United States;
(B) Nonconvertibie debt securities of the following federal government-sponsored enterprises; provided, that the securities are rated equal to or higher than bonds, notes, or treasury bills of the United States by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission:

(i) The federal home loan bank;
(ii) The federal national mortgage association;
(iii) The federal farm credit bank; and
(iv) The federal home loan mortgage corporation;
(C) Any other obligations not listed in subdivisions (a)(1)(A) and (B) that are guaranteed as to principal and interest by the United States or any of its agencies;
(D) Certificates of deposit and other evidences of deposit at state and federal chartered banks and savings and loan associations. All investments made pursuant to this subdivision (a)(1)(D) shall be secured in the manner set forth in § 9-1-107 or title 9, chapter 4, parts 1 and 4;
(E) Obligations of the United States or its agencies under a repurchase agreement for a shorter time than the maturity date of the security itself, if the market value of the security itself is more than the amount of funds invested; provided, that utility districts may invest in repurchase agreements only if the comptroller of the treasury or the comptroller’s designee approves repurchase agreements as an authorized investment, and if such investments are made in accordance with procedures established by the state funding board; and
(F) The local government investment pool created by title 9, chapter 4, part 7.
(2) The investments listed in subdivisions (a)(1)(A)-(D) may have a maturity of not greater than four (4) years from the date of investment; however, such investments may have a maturity of greater than four (4) years from the date of investment, if the maturity is approved by the comptroller of the treasury or the comptroller’s designee.
(3)

(A) Investing in the instruments set forth in subdivision (a)(1)(B) or (a)(1)(E) shall require the following:

(i) The utility district’s governing board must authorize the investment; and
(ii) The utility district’s governing board shall adopt a written investment policy to govern the use of investments, with the policies being no less restrictive than those established by the state funding board to govern state investments in these types of instruments.
(B) Investment in instruments covered by subdivision (a)(3)(A) shall be prohibited until the utility district’s governing board has adopted written policies to govern the use of the investments or has voted to authorize the investment.
(b)

(1) Proceeds of bonds, notes and other obligations issued by utility districts, reserves held in connection with the bonds, notes or other obligations and the investment income from the bonds, notes or other obligations, may be invested in obligations that:

(A)

(i) Are rated in either of the two (2) highest rating categories by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission;
(ii) Are direct general obligations of a state of the United States, or a political subdivision or instrumentality of a state, having general taxing powers; and
(iii) Have a final maturity on the date of investment of not to exceed forty-eight (48) months, or that may be tendered by the holder to the issuer of the bonds, notes or other obligations, or an agent of the issuer, at not less than forty-eight-month intervals; or
(B)

(i) Are rated in the two (2) highest rating categories by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission;
(ii) Are obligations of a state of the United States, or a political subdivision or instrumentality of a state, secured solely by revenues received by or on behalf of the state or political subdivision or instrumentality of the state, which revenues are irrevocably pledged to the payment of the principal of and interest on such obligations; and
(iii) Have a final maturity on the date of investment of not to exceed forty-eight (48) months, or that may be tendered by the holder to the issuer of the bonds, notes and other obligations, or an agent of the issuer, at not less than forty-eight-month intervals.
(2) Such proceeds and the investment income on the proceeds may also be invested as otherwise set forth in this section.
(c) The investments authorized by this section are in addition to those authorized in any other general law.
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