Title 48, Chapter 14, Section 2
( 48-14-2)
(a) As used in this Code section, the term "TVA" means the Tennessee
Valley Authority. (b) Payments made by the TVA to the state and any of its political
subdivisions under 16 U.S.C.A. Section 831(l), as amended, shall be
apportioned among the political subdivisions in which property owned
by the TVA is located on the basis of the percentage of loss of
taxes to each to be determined as provided in this Code section. The
payments made for each fiscal year by the TVA shall be distributed
by the commissioner among counties and municipalities in which the
TVA had power property including, but not limited to, reservoir land
allocated to power purposes, at the end of the preceding fiscal
year, in such manner that the sum of such payments plus the total
amount of payments for the same fiscal year made by the TVA directly
to counties of the state shall be apportioned among the counties and
municipalities in the same ratio that the book value of the TVA's
power property in each county and in each municipality,
respectively, bore as of the end of the preceding fiscal year to the
total amount of the book value of the TVA's power properties in all
counties within the state, plus the book value of the TVA's power
properties located in all municipalities within the state. The
apportionment shall be subject to any adjustments necessary to meet
the conditions set forth in subsections (c) and (d) of this Code
section. The amount distributed by the commissioner under this Code
section to any county or municipality in which is located an
independent school district shall be divided between the county or
municipal government and the county or municipal school system based
upon the ratio that the tax rate for the previous tax year for each
bears to the total rate for both for the previous tax year. (c) All payments in lieu of taxes made by the TVA directly to any
county for any fiscal year shall be retained by the county. The
direct payment shall be deducted from the amount finally apportioned
to the county under subsection (b) of this Code section before
distribution of the balance, if any, of the county's payment share
for the particular fiscal year from the state. (d) If the initially apportioned payment share of any county for a
fiscal year is less than the amount of payment made directly to the
county by the TVA under 16 U.S.C.A. Section 831(l), the amount due
the county shall be increased to conform to the requirements of 16
U.S.C.A. Section 831(l), and the previously apportioned shares of
all other counties and municipalities shall be reduced pro rata so
that the total of the reductions shall equal the total of increases
necessary to meet the minimum payment requirements of this Code
section. |