Tennessee § 68-211-903 - Solid waste authority — Creation — Resolutions — Agreements among creating counties and municipalities — Name.

§ 68-211-903. Solid waste authority — Creation — Resolutions — Agreements among creating counties and municipalities — Name.

A county or any of the counties in a municipal solid waste region may create a solid waste authority, by resolution of the respective county governing bodies; provided, that opportunity shall be provided for public comment on such resolution. Any municipality, the majority of the territory of which lies within a county that is creating or participating with other counties in creating an authority, may join in creating the authority upon such terms as may be agreed upon and adopted by resolution of the respective county and municipal governing bodies. If more than one (1) county or municipality participates in creating an authority, an agreement creating the authority shall be approved by the governing body of each county and municipality that is a party to the agreement as part of the resolution creating the authority. The resolutions creating the authority may be amended by the agreement of all of the participating governments to add or subtract participating governments or to dissolve the authority. The creating resolutions shall give the authority a name which shall identify it with the county or region. This name shall be used by the authority unless the name is amended by resolution approved by all participating counties and municipalities. Any resolutions creating, amending or dissolving an authority shall be certified by the county clerk or municipal clerk or recorder of the counties and municipalities participating in creating the authority and sent to the secretary of state and the commissioner. Notwithstanding this part and part 8 of this chapter requiring municipal solid waste regions to be created prior to the formation of a regional solid waste authority, any county which, by resolution of its county legislative body adopted prior to April 14, 1992, created a regional solid waste authority referencing this part and part 8 of this chapter, and which has appointed a governing board prior to April 14, 1992, is authorized to operate such authority in the manner established pursuant to such statutes and resolution only within the political boundaries of any such county and political subdivisions thereof to which this section applies. Any such resolution shall have the force and effect for which it was adopted from the date of passage; provided, that all flow control provisions established pursuant to §§ 68-211-813(b), 68-211-906(b) and 68-211-907 cannot be exercised by such authority until such time as those provisions become effective as provided by general law. If such county becomes part of a multi-county region pursuant to § 68-211-813(a), then within thirty (30) days following such action such authority, in agreement with the legislative bodies of those counties included in such municipal solid waste region, may: Continue the operation of such authority by retaining the same board of directors appointed to such authority pursuant to this subsection (b); Expand such board to include representation of members from such additional counties; or Dissolve the authority operating pursuant to this section and form a new regional authority pursuant to this part. If such county forms a single-county region pursuant to § 68-211-813(a), then such authority may remain as an authority, authorized to operate under this part. Acts 1991, ch. 451, § 60; T.C.A., § 68-31-903 ; Acts 1992, ch. 723, § 1; 1996, ch. 846, §§ 45, 46. Compiler's Notes. Former title 68, ch. 31, parts 1-9 were transferred to title 68, ch. 211, parts 1-9, respectively, in 1992. See the parallel reference table in § 68-211-101 for the former and new section locations. Cross-References. Municipal solid waste regions, § 68-211-813 . Cited: Horton v. Carroll County, 968 S.W.2d 841, 1997 Tenn. App. LEXIS 628 (Tenn. Ct. App. 1997).