69-5-810 - Special maintenance fund. - Tennessee Statutes

69-5-810. Special maintenance fund.

(a)  (1)  At any time after the main improvement or improvements in any district have been completed, it shall be made to appear to the county legislative body, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the same effective to give full efficiency to the original purpose for which the district was created, the county legislative body shall have the power to make and collect a special assessment, for the purpose named. The amount, so assessed and collected, shall not be, in any one (1) year, in excess of one dollar ($1.00) per acre on all the lands within the district. Such assessment shall be based upon the apportionment of benefits, as made by the commissioners, and shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in drainage or drainage and levee districts.

     (2)  The board of directors of the district may petition the county legislative bodies of the counties within a district to make and collect a special assessment. The amount so assessed shall not be, in any one (1) year, in excess of three dollars ($3.00) per acre on all the lands within the district. This petition of the board of directors shall not be effective until it is endorsed and approved by a two-thirds (2/3) vote of each of the county legislative bodies of the counties within a district. The assessment and collection shall otherwise be as provided by law.

(b)  Such assessment shall be a lien upon the respective tracts of land upon which it is assessed, but inferior to the lien of the general assessment for the payment of bonds, interest, and administration charges. The lien shall be enforced in the same manner as provided for the enforcement of such liens in drainage, or drainage and levee districts.

(c)  The amounts so collected shall be a fund to be used for the purposes named, and shall be paid out for such purposes, on the order or warrant of the county mayor. Before any such payment is made, all accounts or claims for work done for the purposes named shall be approved by the board of directors of the district, by resolution or motion, spread of record on the minutes of the board, and a copy of the minutes presented to the county legislative body, and approved by the county legislative body, and spread of record of that body on the drainage record. The payments in all respects shall be made as now provided by law for the paying out of drainage funds for main improvements.

[Acts 1915, ch. 63, § 7; Shan., §§ 3871a154-3871a156; Code 1932, §§ 4389-4391; Acts 1953, ch. 24, § 1; 1976, ch. 701, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1981, ch. 134, § 1; T.C.A. (orig. ed.), §§ 70-131270-1314; Acts 2003, ch. 90, § 2; T.C.A. § 69-6-810.]