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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) The governing body, or any board or commission of a municipality having jurisdiction, control and management of the public works of a municipality, may borrow money in anticipation of the collection of revenues from such public works and issue negotiable notes to evidence such borrowing, the proceeds from the sale of such notes to be used for the purpose of paying the cost of construction of additions, betterments and improvements to and extensions of the public works, the revenues of which are pledged to the payment of such notes.
(b) Such notes must be payable not later than five (5) years from the date of the notes, and must be sold in such manner and upon such terms and conditions as may be determined by the governing body, board, or commission issuing the notes. The notes shall not be issued without first being approved by the comptroller of the treasury or the comptroller's designee. If the revenues of such system are insufficient to pay all such notes at maturity, any unpaid notes may be renewed one (1) time for a period not to exceed one (1) year or may be retired with funding bonds issued pursuant to the Cash Basis Law of 1937, compiled in title 9, chapter 11, or may be otherwise liquidated as approved by the comptroller of the treasury or the comptroller's designee.
(c) The governing body may issue bonds in the manner provided by § 7-34-109, for the funding of notes issued pursuant to subsection (a), and for the purpose of refunding at or prior to maturity bonds theretofore issued pursuant to § 7-34-109.
(d) The governing body, or any board or commission of a municipality having jurisdiction, control and management of an electric power distribution system or a natural gas distribution system, may borrow money in anticipation of the collection of revenues from such system and issue negotiable notes to evidence such borrowing for the purpose of financing electrical power or gas purchases, including storage costs and pipeline capacity costs. Any such notes shall be secured solely by a pledge of and lien on the revenues of such system. The principal amount of notes that may be issued during any twelve-month period shall not exceed sixty percent (60%) of total electrical power or gas purchases for the same period, and all notes issued during such period shall be retired and paid in full on or before the end of such period. The notes shall be sold in such manner, at such price and upon such terms and conditions as may be determined by the governing body, board or commission issuing such notes. No notes shall be issued under this subsection (d) unless the electric system or gas system for which the notes are to be issued has positive retained earnings as shown in the most recent audited financial statements of the system, and the system has produced positive net income in at least one (1) fiscal year out of the three (3) fiscal years next preceding the issuance of the notes as shown on the audited financial statements of the system. No notes shall be issued without first being approved by the comptroller of the treasury or the comptroller's designee. If the revenues of such system are insufficient to pay all such notes at maturity, any unpaid notes may be renewed one (1) time for a period not to exceed one (1) year or may be retired with funding bonds issued pursuant to the Cash Basis Law of 1937, or may be otherwise liquidated as approved by the comptroller of the treasury or the comptroller’s designee.
(e) This chapter for the payment and security of bonds issued pursuant to this chapter shall be equally applicable to notes issued pursuant to this section.
(f) No holder or holders of any bonds or notes issued under this chapter shall have the right to compel any exercise of the taxing powers of the municipality to pay the bonds or notes, or the interest on the bonds or notes, and each bond or note issued under this chapter shall recite in substance that the bond or note, as the case may be, including the interest on the bond or note, is payable solely from the revenues pledged to the payment of the bond or note, and that the bond or note does not constitute a debt of the municipality within the meaning of any statutory limitation.
(g)(1) Any municipal, metropolitan-government, or county-owned water or wastewater system may borrow money in anticipation of the collection of revenues and issue negotiable notes to evidence such borrowing for the purpose of providing emergency cash flow.
(2) Notes may only be issued under this subsection (g) by resolution of the water or wastewater system's governing body, which shall determine the sale price of the notes, how the notes may be sold, and the terms and conditions of such sale.
(3) Notes issued under this subsection (g) must be secured solely by a pledge of and lien on the revenues of the water or wastewater system.
(4) The principal value of the notes that may be issued under this subsection (g) during any twelve-month period must not exceed sixty percent (60%) of total projected cash flows for the same period.
(5) All notes issued under this subsection (g) during the twelve-month period pursuant to subdivision (g)(4) must be retired and paid in full on or before the end of such period.
(6)(A) The comptroller of the treasury, or the comptroller's designee, must approve the sale of any notes sold under this subsection (g) prior to the issuance of such notes.
(B) The comptroller of the treasury, or the comptroller's designee, in consultation with the water or wastewater system, shall develop a corrective action plan by which the system must abide. The corrective action plan takes effect at the time the comptroller, or the comptroller's designee approves the issuance of notes under this subsection (g) and remains in effect as long as the notes are outstanding and until the system, in the discretion of the comptroller, or the comptroller's designee, has adequate cash reserves and an adequate cash management plan.
(C) If the comptroller, or the comptroller's designee, approves the note issuance, then the comptroller or the comptroller's designee shall refer the water or wastewater system to the Tennessee board of utility regulation. The board may review the system and order any appropriate remedial measures pursuant to § 7-82-706.
(7) If the water or wastewater system's revenues are insufficient to pay all notes issued pursuant to this subsection (g) at maturity, then the system may request approval from the comptroller, or comptroller's designee, to renew any unpaid notes for a period of time and under such terms as approved by the comptroller of the treasury or the comptroller's designee.
Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-34-111 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-34-111/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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