SEC. 57-67-17. Powers and duties of public agencies and political subdivisions.
For the purpose of aiding in the planning, design, undertaking and carrying out of the project or any facility related to the project, or any educational, cultural, housing or recreational facility or enhancement offered to secure the siting of the project in the state, any public agency or political subdivision of any kind is authorized and empowered upon such terms, with or without consideration, as it may determine: (a) to enter into agreements, which may extend over any period, with the authority respecting action to be taken by such public agency or political subdivision with respect to the acquisition, planning, construction, improvement, operation, maintenance or funding of the project or any such facility or enhancement, including without limitation (i) the appropriation or payment of funds to the authority or to a trustee in amounts which shall be sufficient to enable the authority to defray any designated portion or percentage of the expenses of administering, planning, designing, constructing, acquiring, improving, operating, and maintaining the project or any such facility or enhancement, (ii) the appropriation or payment of funds to the authority or to a trustee to pay interest and principal (whether at maturity or upon sinking fund redemption) on bonds of the authority issued pursuant to this chapter and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, and to fulfill requirements of any covenant with respect to debt service contained in any resolution, trust indenture or other security agreement relating to the bonds of the authority issued pursuant to this chapter and (iii) the furnishing of other assistance in connection with the project or any such facility or enhancement; (b) to dedicate, sell, donate, convey or lease any property or interest in property to the authority or grant easements, licenses or other rights or privileges therein to the authority; (c) to incur the entire expense of any public improvements made or to be made by such public agency or political subdivision in exercising the powers granted in this section; (d) to do any and all things necessary to aid or cooperate in the planning or carrying out of the project or any such facility or enhancement; (e) to lend, grant or contribute funds to the authority; (f) to cause public buildings and public facilities, including parks, playgrounds, recreational areas, community meeting facilities, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished to or with respect to the project or any such facility or enhancement; (g) to furnish, dedicate, close, vacate, pave, install, upgrade or improve highways, streets, roads, sidewalks, airports, railroads, ports or other public facilities; (h) to plan or replan, zone or rezone any parcel of land within the public agency or political subdivision or make exceptions from land use, building and zoning regulations; and (i) to cause administrative and other services to be furnished to the authority, including services pertaining to the acquisition of real property and the furnishing of relocation assistance. Any contract between a public agency or political subdivision entered into with the authority pursuant to any of the powers granted by this chapter shall be binding upon said public agency or political subdivision according to its terms, and such public agency or political subdivision shall have the power to enter into such contracts as in the discretion of the governing authorities thereof would be to the best interest of the people of such public agency or political subdivision. Such contracts may include within the discretion of such governing authorities a pledge of the full faith and credit of such political subdivision for the performance thereof. If such contracts include a pledge of the full faith and credit of such political subdivision, then for the purposes of Sections 27-39-321 and 37-57-107, the indebtedness created by such contracts shall be deemed to be general obligation bonds. The obligations of any public agency or political subdivision arising under the terms of such contracts shall not be included within the indebtedness of such public agency or political subdivision for the purposes of any constitutional or statutory limitation or provision. If at any time title to or possession of the project or any such facility or enhancement is held by any public body or governmental agency other than the authority, including any agency or instrumentality of the United States of America, the agreements referred to in this section shall inure to the benefit of and may be enforced by such public body or governmental agency.
Notwithstanding any provisions of this chapter to the contrary, any contract entered into between the authority and any political subdivision for the appropriation or payment of funds to the authority under item (a)(ii) of this section shall contain a provision therein requiring monthly payments by the political subdivision to pay its indebtedness and, if the political subdivision is not a county or municipality, such contract shall include as an additional party to the contract the county or municipality (referred to in this paragraph as "levying authority") that levies and collects taxes for the contracting political subdivision. If the political subdivision fails to pay its indebtedness for any month, the authority shall certify to the State Tax Commission, or other appropriate agency, the amount of the delinquency, and the State Tax Commission shall deduct such amount from the political subdivision's or levying authority's, as the case may be, next allocation of sales taxes, petroleum taxes, highway privilege taxes, severance taxes, Tennessee Valley Authority payments in lieu of taxes and homestead exemption reimbursements in that order of priority. The State Tax Commission, or other appropriate agency, shall pay the sums so deducted to the authority to be applied to the discharge of the contractual obligation.
SOURCES: Laws, 1987 Ex Sess, ch. 24, Sec. 9, eff from and after passage (approved August 29, 1987).