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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) The governing body of a host municipality is authorized to adopt policies and procedures that the governing body deems appropriate to administer assessments imposed under this part, including policies relating to the rate and methodology governing the implementation of the assessment. The policies and procedures may also address the reapportionment of assessments upon the request of property owners, reallocation of assessments upon subdivision of property, credits against assessment payments based upon other available funds, including earnings on reserve funds, maintenance of an assessment roll, and procedures for the prepayment of assessments. The host municipality must provide for full disclosure of an assessment and may administer penalties for failure to conform to the adopted policies and procedures, as well as agreed-upon standards.
(b) A host municipality may levy a maximum assessment under this part based upon the estimated costs of the infrastructure and other permitted costs being assessed, and, in such case, the amount of the assessment must be reduced by the host municipality once the actual costs are established by the host municipality. The host municipality may provide that such assessments may become effective at different periods of time to take into account when the costs being assessed will be incurred. The governing body of the host municipality may also provide that assessments must only be effective upon any issuance of bonds, notes, or other obligations imposed or incurred pursuant to this part.
(c) As long as a district remains in existence, the host municipality must maintain a record of the general description of the boundaries of such district and the rate of assessment for properties within such district. The record must be made publicly available in substantially the same manner as ad valorem property tax rates.
(d) A host municipality may:
(1) Manage the administration, in whole or in part, of a district;
(2) Delegate the administration, in whole or in part, of a district to the municipality currently administering the host municipality's ad valorem real property taxes. Prior to delegating district administration, in whole or in part, to any municipality currently administering the host municipality's ad valorem real property taxes, an interlocal agreement between the host municipality and the municipality must be approved by the governing bodies of both the host municipality and the municipality; or
(3) Delegate the administration, in whole or in part, of a district to outside professional administrators.
(e) If district administration is delegated, in whole or in part, to an outside professional administrator, then the host municipality shall enter into a written contract with such administrator. The contract must require all costs associated with administration to be paid from special assessment revenues from within the district.
(f) As used in this section, “administration” includes:
(1) The collection, remittance, and enforcement of assessments;
(2) Any applicable continuing disclosure requirements;
(3) Any duties related to title transfer of public infrastructure; and
(4) Any other district-related duties deemed necessary by the host municipality.
(g) The county trustee is not required to participate in district administration without an agreement between the county trustee and a host municipality regarding the administration of the infrastructure development district.
(h) Notwithstanding the fee payable to the host municipality, the host municipality may contract with outside professional administrators, and such costs may be included in the assessments.
Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-84-820 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-84-820/
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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