Lease/Purchase Agreements

Local governments may contract for the purchase of capital improvements using a contract, lease, or lease/purchase arrangement.T.C.A. § 7-51-901 et seq. The conditions and interest rates should be checked closely since the plan may cost more than the issuance of notes or bonds.  Also, follow restrictions as prescribed in the state law authorizing the use of such agreements.  Contracts should contain a "funding out" clause in the event funds are not appropriated in subsequent years. Leases for capital improvement property cannot exceed 40 years or the useful life of the project and must be approved by the county governing body. T.C.A. §§ 7-51-902 through 7-51-904. If the term of any lease exceeds five years, public notice of the meeting at which the project will be discussed must be given at least seven days prior to the meeting. T.C.A. § 7-51-904.

Recommended Practice:  Use of Lease/Purchase Agreement should be carefully considered and generally not used.