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4 Tennessee Attorney General Reports and Opinions 1 (1974-1975)

handle is hein.sag/sagtn0166 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL SUPREME COURT BUILDING NASHVILLE. TENNESSEE 37219 M!LTON P. RICE ATTORNEY GENERAL & REPORTER OPINION NO. 1 TO: Office of Urban and Federal Affairs DATE: June 10, 1974 QUESTION Concerning an interpretation of the.word county as used in the formula provided by T.C.A. §13-1409 for financing the activities of development districts. Specifically you have inquired as to whether the term county as used in the proviso of T.CA. §13-1409 refers to a geographic juris- diction or to a governmental entity. OPINION It is the opinion of this office that the term county as used in the proviso to the financing formula of Section 13-1409 refers to a geographic jurisdiction. ANALYSIS The Development District Act of 1965, codified as T.C.A. §13-1401, et seq., provides for the es- tablishment of development districts encompassing one or more counties or parts of counties for the purpose of carrying out general and comprehensive planning and development activities for the orderly economic development of the State. Membership on development district boards created under the Act requires representation of both municipalities and counties encompassed by the respective develop- ment districts. The financing of the activities of development districts is provided by the provisions of Section 13-1409. This section contemplates local financing with matching state participation according to a specified formula. The formula provides that local contributions shall be based upon, in the case of counties, an amount not to exceed ten cents (10o) per capita based on the latest decennial census, one-half (1/2) of which may be contributed by local incorporated cities or by other private, public or semi-public bodies; provided, however, that no county shall contribute more than Seven Thousand Five Hundred Dollars ($7,500.00) annually. It is further provided that counties and municipalities may participate -independently in the financing of a development district board's activities. When viewed in the context of the financing plan provided by Section 13-1409 it appears to be the legislative intent of the formula to provide a ceiling on contributions from counties as a geographic jurisdiction, not as a governmental entity separate from other public or semi-public bodies. That the ceiling is applicable to a geographic jurisdiction is indicated by its computation according to county population and by the specific provisions authorizing one-half of such contributions to be made by mu- nicipalities or other private, public or semi-public bodies. Thus, while independent participation by county and municipal governments in financing the activities of development district boards is con- templated by Section 13-1409 the thrust of this section is to limit total local participation according to the population of the county, subject to a maximum ceiling of $7,500.00. It follows that the $7,500.00 ceiling applies to total county participation and not to participation by a county government inde- pendent from municipal governments located within the county. EVERETT H. FALK Assistant Attorney General

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