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In 1971 the State of
Tennessee adopted the Public Building Authorities Act of
1971, which authorized local governments to create public
building authorities. A public building authority is a
public, non-profit corporation. A public building
authority is governed by a board of directors, which is
appointed by the governing body of the municipalities.
Each public building authority is granted operating
authority set forth in TCA §12-10-109, together with any
authority incidental thereto or necessary for the
performance of its powers. Below is a list of
statutory authorities granted to public building authorities
within the state of Tennessee.
A Public Building Authority
may:
- Improve, repair, extend,
equip, furnish, operate and maintain project.
- Take any of the actions
in regard to real and personal property.
- Take any of these
actions within the municipality or outside the
municipality.
- Demolish existing
structures which are not needed for the project.
- Pave and improve streets
within the project, and construction, repair and install
sidewalks, sewers, gutters, water mains and similar
improvements and facilities in the area.
- Provide off-street
parking facilities for any project.
- Procure insurance and
indemnities.
- Make rules and
regulations with regard to the operation, maintenance and
management of projects.
- Operate, maintain and
manage projects, and enter into contracts for the
operation, maintenance and management of projects.
- Lease all or any part of
a project to any municipal corporation, the State of
Tennessee, the United States, or any agency, authority,
branch, bureau, commission, corporation, department or
instrumentality thereof, for a term of up to 40 years.
- Employ, contract with,
compensate and discharge engineering, architectural, legal
and financial experts and/or any other professional and
non-professional employees.
- Lease space in any
project that is not needed by a public lessee to any other
person, corporation, partnership, or association.
- Borrow Money, issue and
sell revenue bonds for projects, including soft costs and
capitalized interest during construction and for two (2)
years after the estimated date of completion.
- Collect rent and
otherwise enforce the lease obligations.
- Accept donations,
contributions, capital grants and gifts.
- Enter into a contract
with the lessee which will rent the project whereby the
lessee is obligated to pay all or part of the maintenance
and operational costs.
- Borrow money pending the
issuance of revenue bonds by interim certificates, notes
or other temporary obligations.
- Sell, exchange, donate
or convey all or any of it's properties in furtherance of
the purposes for which it was organized.
- Mortgage and pledge
projects including assignment of rents to secure payment
of bonds.
- Sell, lease or convey
air rights and easements by public bid or private sale.
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