(a) Any municipality in this state may create a port authority in the manner provided in this section.
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Terms Used In Tennessee Code 7-87-104

  • Authority: means a port authority created pursuant to this chapter. See Tennessee Code 7-87-103
  • Board: means the board of commissioners of an authority. See Tennessee Code 7-87-103
  • Executive officer: means the mayor, county mayor, or other chief executive of a municipality. See Tennessee Code 7-87-103
  • Governing body: means the body in which the general legislative powers of a municipality are vested. See Tennessee Code 7-87-103
  • Municipality: means any county or incorporated city or town in this state with respect to which an authority may be organized. See Tennessee Code 7-87-103
  • Port: means and includes any one (1) or more harbors or ports and related facilities, including, but not limited to, land and interests in land, wharves, piers, loading and unloading machinery, scales, transportation equipment, harbor and riverfront or lake front improvements, buildings, storage and transfer facilities, elevators, railroads, switchyards, concentration yards, roads, bridges, communication, electric power, gas, water and all other utility facilities and such other structures, facilities and improvements necessary or convenient to the development of harbors and river ports and for the promotion either directly or indirectly of trade, industry, and commerce. See Tennessee Code 7-87-103
  • State: means the state of Tennessee. See Tennessee Code 7-87-103
(b)

(1) The governing body of the municipality shall adopt and its executive officer shall approve a resolution calling a public hearing on the question of creating a port authority.
(2) Notice of the date, hour, place, and purpose of such hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the municipality, the last such publication to be at least one (1) week prior to the date set for the hearing.
(3) Such hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard.
(c)

(1) After such hearing, if the governing body determines that public convenience and necessity require the creation of a port authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall also designate the name and principal office address of the authority.
(2) A certified copy of such resolution shall be filed with the secretary of state together with the resolution approving the appointment of the board of commissioners as provided in § 7-87-105, and upon such adoption and filing, the authority shall constitute a body politic and corporate with all the powers provided in this chapter.
(d)

(1) Two (2) or more municipalities may, by acting jointly, establish an authority to effectuate the purposes of this chapter. When two (2) or more municipalities establish such an authority, each and every requisite pertaining to the establishment shall, as nearly as may be practicable, be incumbent in like manner upon each municipality joining in the creating of such authority.
(2) Whenever an authority is created under this chapter, the municipality shall enter into an agreement with the authority for the orderly transfer to the authority of harbor and port properties, functions, and outstanding obligations of such municipality.
(3) Such agreement may include provisions for the reimbursement of such municipality for its obligations issued for port purposes and such agreement may also include provisions for the payment of tax equivalents by the authority and its lessees on all or any part of the properties owned by the authority and any improvements owed by the authority or its lessees to the municipality.
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