64-1-1103 - Powers and duties Tax-exempt status. - Tennessee Statutes

64-1-1103. Powers and duties Tax-exempt status.

The powers, duties and functions of the board are as follows:

     (1)  Enter into contracts and cooperative agreements with state, federal and local governments, with agencies of such governments, with private individuals and corporations, and with associations and organizations as the board may deem necessary or convenient to enable it to carry out the purposes of this part. This authority includes, without limitation, the power to contract and make cooperative arrangements with the adjoining state of Kentucky, including cities, counties and other public agencies within the state, for planning, land purchase and acquisition, construction, operation and maintenance of all works related to water resources development, conservation and open space. It is the intent of this provision that the authority have full powers to operate across state lines subject only to contractual agreements with private, governmental and public bodies and agencies;

     (2)  Adopt, amend and repeal bylaws;

     (3)  Appoint and define duties and compensation of a program manager and other such agents as the board deems necessary to transact its business;

     (4)  Accept grants, funds and other assistance from any and all governmental agencies, private agencies and individuals and to spend these in behalf of the authority programs;

     (5)  Set policy for the authority, including identifying projects, the priority of work and allocating how the budget will be spent; and

     (6)  Delegate any of its powers and duties to the staff assigned to it within the department.

     (7)  Investigate all water and related resources of the Hatchie, Obion, and Forked Deer River basins with regard to flow, hindrances to flow and health of bottomland hardwoods;

     (8)  Conduct planning for maintenance and restoration of flow and floodplain dynamics of the Hatchie, Obion, and Forked Deer River basins. Such planning shall include the order in which specific projects will be commenced. It may also include the prevention of upland soil erosion through such projects as gully and road bank treatment, cropland conversion and accelerated conservation and treatment of grasslands and forests. Such plan formulation must take into account the plans and proposals already prepared by local, state and federal agencies dealing with water control, conservation and related land development;

     (9)  Prepare preliminary architectural and engineering plans for specific works;

     (10)  Execute contracts with existing agencies involved in regional planning and development for providing combined staffs and operating personnel, including the United States corps of engineers, United States soil conservation service, and development districts organized under the Development District Act of 1965, compiled in title 13, chapter 14;

     (11)  Prepare detailed architectural and engineering plans and specifications for specific projects and works related to water resources or flood plains, if needed and appropriate; however, many of the projects should be accomplished without detailed engineering plans and specifications as they will involve only the removal of minor blockages, beaver dams or similar actions;

     (12)  Arrange with any city, county, state or supplier of utilities for the abandonment, relocation or other adjustment of roads, highways and utility lines, but the authority is not responsible for the maintenance, construction, or removal of roads, highways, bridges or utility lines;

     (13)  Acquire by purchase or by gift, all land and facilities within the area needed for construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, recreation, fish and wildlife and open space. Interest in land may be acquired, including leasehold interest, and the authority may hold, mortgage or otherwise encumber, sell, lease or sublease such land. During the time that title to such property is held in public ownership, it is exempt from all taxes levied by the state and all political subdivisions thereof, and all other property and activities of the authority are similarly exempt;

     (14)  The power of eminent domain in behalf of authority purposes shall within their discretion be exercised by cities and counties within the area. The governing bodies of cities and counties are hereby authorized through the power of eminent domain to acquire all lands and facilities within the area needed for construction of water control structures, channel improvements and facilities for navigation, drainage, irrigation, water conservation and supply, recreation, fish and wildlife and open space. Interest in land may be acquired, including leasehold interest, and such may be held, mortgaged or otherwise encumbered, sold, leased or subleased in behalf of authority purposes. The power of eminent domain may be exercised by the governing bodies of the cities and counties within the area under the provisions of title 29, chapter 17, and shall include the power to condemn water rights, easements and any other interest in real estate. During the time that title to such property is held in public ownership, it is exempt from all taxes levied by the state and all political subdivisions thereof;

     (15)  Build, construct, operate, manage, lease and maintain all works, facilities and programs needed for water controls, channel improvements, navigation, drainage, irrigation, water conservation, water quality, water supply, recreation, fish and wildlife and open space;

     (16)  Obtain funds from county governments for purposes of planning, acquisition of land and facilities, and construction, operation, management and maintenance of all works, facilities and programs particularly required by such county or counties. County governments are empowered, but are not required, to impose taxes to accomplish these programs. Such taxes, if imposed, shall be upon all real property lying within the Obion-Forked Deer Rivers basin area watersheds as situated in the respective counties and drained by the Obion-Forked Deer rivers and their tributaries and such tax shall be imposed on that property determined by the county as benefiting from the works of improvement and programs of the authority;

     (17)  Fix, levy and collect fees, rents, tolls or other charges for the use of or in connection with any works or programs that are administered by the authority and in the event any agreements with holders of bonds shall be made as provided in this part, to fix, levy and collect such fees, rents, tolls and other charges in accordance with such agreements and subject thereto; and

     (18)  All moneys raised by the imposition of ad valorem taxes or by county appropriations shall be deposited with the state treasurer for the operation of the authority; and, interest on such funds held for capital outlay shall accrue to the benefit of the authority and shall be carried forward when necessary as with other capital outlay funds. All funds deposited with the state treasurer shall be reported as expendable receipts. However, in the event that any funds raised by ad valorem taxes or by county appropriations remain in an account with the state treasurer for the authority as of June 30 of any fiscal year, it is the intent that such remaining funds shall not revert to the state treasurer, but shall be carried forward for subsequent use in the operations of the authority. The commissioner of finance and administration shall prescribe an equitable procedure for determining the amounts of any remaining funds, such procedure to be approved by the comptroller of the treasury and the board of directors of the Obion-Forked Deer basin authority.

[Acts 1976, ch. 448, § 3; 1980, ch. 588, §§ 1, 2; 1980, ch. 604, §§ 4, 6; T.C.A., § 64-1-403; Acts 1996, ch. 890, §§ 11-20.]