§ 64-8-206 — Development of plan - Additional powers and duties

(a) The board shall develop a plan for the operation and expansion of mass transit services in the authority's region. The plan shall be consistent with the multi-modal regional transportation plan adopted by the region's metropolitan planning organization or similar regional transportation planning body and be reflective of the transportation goals and objectives of the municipalities and counties located within the authority's area. An authority shall work cooperatively with any state or federally mandated metropolitan planning organization having planning and programming powers in the authority's area to produce a regional transit plan. It is not the intent of this section to establish or designate an authority as the metropolitan planning organization for any particular region. The plan shall include, but not be limited to, the following: (1) A map and description of existing and proposed transit corridors; (2) A map and description of areas to be served; (3) A description of the frequency and method of providing existing and proposed transit services in those areas; (4) A description of how regional services will be coordinated with local public and private transportation operators and agencies; (5) A description of how existing and proposed regional services will be funded, including a plan to coordinate contributions from public and private sources throughout the region; (6) A description of how the regional transportation authority plans to deliver service, either directly or through contract, agreement or some other method, with other public or private transportation agencies or other entities; (7) A provision for the conduct of special services for disabled persons or other persons unable to use regularly scheduled and equipped services sufficient to meet the requirements of the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); (8) A provision of services for special events or occasions; (9) A description for how the regional transportation authority intends to use its property around existing and proposed transit stations to encourage ridership and to support local community goals for quality growth. The description shall include an overview of any intent of the authority to pursue transit oriented development or transit adjacent development plans, or both, in cooperation with local governments and within local zoning regulations and land use policies. It is the legislative intent to allow the authority to negotiate with private developers or other public agencies for the best use of land owned or leased by the authority, including long-term land leases or subleases, or the development of office, retail, or residential establishments, or any of these, on transit district property to generate transit ridership and to support local and regional economic growth; and (10) Any other provisions necessary or desirable to establish a coordinated, reliable, scheduled regional service. (b) In addition to the powers to plan for mass transit services, the authority shall have the following additional powers and duties in order to implement its plans for mass transit and other transportation services and plans for transit adjacent and transit oriented development: (1) To organize itself into a public body, elect officers and adopt bylaws for the purpose of carrying out the functions authorized by this part; (2) To sue and be sued in its name with any causes of action against the authority or recovery against the authority governed by and subject to the limitations imposed by the Governmental Tort Liability Act, compiled in title 29, chapter 20. No claim may be brought or judgment entered against any metropolitan government, municipality or county that creates or joins an authority for the acts or omissions of the authority; (3) To enter into contracts and cooperative agreements with governmental, not-for-profit and for-profit entities; (4) To purchase, own, lease and dispose of real and personal property, and construct buildings and other structures, in furtherance of the purposes of and the implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development. The authority shall comply with all local land use and land development laws and regulations, including zoning ordinances and resolutions, subdivision regulations and building codes, in the implementation of the authority's plans. Local governments may waive all or part of applicable local laws and regulations to assist the authority in plan implementation; (5) To employ personnel or contract with public or private entities to construct or operate transportation and transit services and to participate in the development of transit adjacent and transit oriented developments. An authority shall not operate local transit services in an area already receiving those services without the consent of the local governing body of that area; (6) To employ or contract for professional services, such as, but not limited to, management, planning, support, engineering, legal, accounting and auditing services; (7) To utilize for transit or transportation services any property, right-of-way, easement or other similar property owned or held by the state or any municipality, county or metropolitan government or federal government department or agency within the transportation service area of the authority that may be necessary and convenient for the implementation of the authority's transit and transportation plans so long as the governmental entity owning or controlling such property shall consent to the authority's use; (8) To establish local assessments for the purposes of paying expenses related to the administration of the authority's activities, including, but not limited to, the costs associated with insurance policies and deductibles, to be paid by its city, town, metropolitan government and county government members. Local assessments shall not be used for the construction or operation of transportation facilities or services. The local assessment shall be based on a per capita and a flat rate. In establishing the per capita assessment, the authority shall use the population figures of the latest census as described for the use of development districts in § 13-14-111(d) . For any regional transportation authority created under this part, the per capita assessment shall be established by a majority vote of the governing board, but shall not be less than ten cents (10¢) per capita. For the purpose of calculating the assessment for any county or metropolitan government, the population of any town or city located wholly or partly within the county, or the towns or cities within the geographic boundary of the metropolitan government, but that are not a part of the metropolitan government, shall not be included in the population of the county or metropolitan government. The authority's local assessment shall be imposed on October 1 of each calendar year, and the member government shall pay either the per capita rate or the flat assessment, whichever is greater. Failure of a city, town, metropolitan or county government to pay the assessment shall result in the loss of that government's participation in the governance and benefits of the authority; (9) To impose fees for the services provided by the authority; (10) To accept grant funds from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor and to accept contributions or donations from other public or private entities. Metropolitan governments, counties, cities and towns may provide, and the authority may accept, funds from any source allowable by law and not prohibited by the Tennessee constitution. The authority shall not claim any federal or state grants used to provide local transit services awarded to a local transit operator or local government without the consent of the local government or governments. Such restriction shall not prohibit a metropolitan planning organization, the governor or other grantor from allocating or programming funds to transportation projects as required by federal law; and (11) To borrow money in order to proceed with or finish the construction of mass transit or other transportation services or to fund the operations and capital cost of such services and purchase of real property and the construction of infrastructure and improvements or contract for the construction of the infrastructure and improvements to implement the authority's plans. The authority may enter into a security agreement pledging, as appropriate, to secure the loan with: (A) Anticipated forthcoming grants from the state or federal government, subject to the approval, restrictions and requirements of the state or federal government grantor; provided, however, that such approval must be reauthorized if the funds are not received within one (1) year of the initial approval; (B) Anticipated assessments from local governments pursuant to subdivision (b)(8); (C) The authority's real or personal property; or (D) Other revenues. (c) The implementation of the authority's transit and transportation plans and plans for transit adjacent and transit oriented development will necessitate the acquisition, construction, operation and maintenance of properties, facilities and equipment and the employment of personnel or contracting for services, all of which the authority is authorized to undertake and accomplish and all of which are declared and deemed to be for public and governmental functions conducted by the authority. The authority is a public body corporate and politic and all powers and duties granted by this part are and shall be declared public and corporate purposes and matters of public necessity.

Legislative History

Acts 2009 , ch. 362, § 1.