Code of Alabama

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11-54B-14
Section 11-54B-14 Eminent domain utilization. No self-help business improvement district or
district management corporation shall have eminent domain powers. All such procedures incidental
to the development and maintenance of a self-help business improvement district pursuant to
this chapter, including compensation for land acquisition and legal challenges and appeals
not specifically prescribed hereunder, shall be taken in accordance with the applicable provisions
of Chapter 1A of Title 18. (Acts 1994, No. 94-677, §14.)...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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11-54B-45
Section 11-54B-45 Mailing of proposed ordinance and notice of hearing. At least 20 days prior
to the date set for a public hearing on the proposed self-help business improvement district
plan, notice of the date, time, and place of the hearing, with a description of the geographical
area proposed to be included in the district, the proposed ordinance, and the self-help business
district plan shall be mailed to all known owners of nonexempt real property located within
the geographical area proposed to be included in the district by the municipality. The notice
shall be mailed to all known owners of nonexempt real property at the address listed in the
county property tax assessment records. In addition, a copy of the notice shall be posted
in at least three places located within the geographical area proposed to be included in the
district. A property owner's failure to receive a copy of the notice shall not constitute
grounds to contest the validity of a self-help business improvement...
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11-54B-13
Section 11-54B-13 Retention of municipal police powers. Notwithstanding the improvement of
any street or sidewalk incident to a self-help business improvement district, a municipality
and its governing body shall retain its police powers and other rights and powers relating
to the street or part thereof constituting or included in a self-help business improvement
district, and no such action shall be interpreted or construed to be a vacation, in whole
or in part, of any municipal street or part thereof, it being intended that the establishment
of a self-help business improvement district pursuant to this article is a matter of a regulation
only. (Acts 1994, No. 94-677, §13.)...
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11-54B-17
Section 11-54B-17 Operation in other designated project areas. This article shall not prohibit
a municipality from including a self-help business improvement district within the bounds
of any area, district, or zone including enterprise zones established pursuant to law which
has as one of its purposes the encouragement of the construction of improvements or the rehabilitation
of properties located within those boundaries, or the inducement of private enterprises to
locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special
public financing arrangements. (Acts 1994, No. 94-677, §17.)...
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11-54B-52
Section 11-54B-52 Retention of municipal police powers. Notwithstanding the improvement of
any street or sidewalk incident to a self-help business improvement district, the municipality
and its governing body shall retain its police powers and other rights and powers relating
to any streets or parts thereof constituting or included in a self-help business improvement
district, and no action shall be interpreted or construed to be a vacation, in whole or in
part, of any municipal street or part thereof, it being intended that the establishment of
a self-help business improvement district pursuant to this article is a matter of regulation
only. (Act 2004-382, p. 626, §13.)...
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11-54B-56
Section 11-54B-56 Operation in other designated project areas. This article shall not prohibit
a municipality from including a self-help business improvement district within the bounds
of any area, district, or zone including any enterprise zone established pursuant to law which
has as one of its purposes the encouragement of the construction of improvements or the rehabilitation
of properties located within those boundaries, or the inducement of private enterprises to
locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special
public financing arrangements. (Act 2004-382, p. 626, §17.)...
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11-54B-11
Section 11-54B-11 District management corporation limits, powers, and duties. (a) District
management corporations shall be incorporated under the Alabama Nonprofit Corporation Act
(Chapter 3A of Title 10) and shall exercise their powers in a manner consistent with such
act. (b) To qualify for designation by ordinance to manage a self-help business improvement
district, the articles of incorporation of a proposed district management corporation must
provide the following: (1) That the property, business, and affairs of the corporation shall
be managed by a board of directors. (2) The names and addresses of the initial members of
the board of directors. (3) That the initial members of the board shall be divided into three
groups which are as equal in number as is possible, that such groups will serve for initial
terms of one (1), two (2) and three (3) years respectively, and that all directors thereafter
elected by the board of directors shall serve for a term of three (3) years. (4)...
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11-54B-44
Section 11-54B-44 Requirements of a request for the creation of a self-help business improvement
district. A request for the creation of a self-help business improvement district shall contain
all of the following: (1) The signatures of a representative group of the owners of the nonexempt
real property located within the geographical area of the proposed district. The group shall
include the signatures of the owners of the nonexempt real property comprising at least 60
percent of the total fair market value of all nonexempt real property located in the proposed
district and the signature of an owner of at least 50 percent of the parcels of property located
within the proposed district. The county property tax assessment records shall determine ownership
of real property and the fair market value. When record title to real property is vested in
a public corporation or authority under a bond financing plan provided for by statute, the
beneficial user of the real property in which title...
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11-54B-57
Section 11-54B-57 Annual reports and audits. (a) Within 90 days after the close of each fiscal
year, the district management corporation shall make an annual report of its activities for
the preceding fiscal year to the governing body of the municipality. (1) Each annual report
shall include, at a minimum: a. A financial statement for the preceding year, including a
balance sheet, statement of income and loss, and such other information as is reasonably necessary
to reflect the district management corporation's actual performance, certified by the treasurer
of the corporation. b. The budget for the current fiscal year. c. In the case of a district
funded by assessments against businesses of a particular class, a list of the businesses of
the designated class that are currently operating within the district. (2) A copy of each
annual report shall be sent to the mayor, the city council, and to all property owners, or
in the case of districts funded by assessments against businesses of a...
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