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11-54B-22
Section 11-54B-22 Merger of business improvement districts. (a) Without the approval of the
governing body of the municipality or the owners of the real property located within the geographical
areas of the districts, any two or more district management corporations located within the
same municipality may merge into one of such district management corporations pursuant to
Article 5 of Chapter 3A of Title 10, as well as this section. (b) Each district management
corporation shall adopt a plan of merger in compliance with subsection (b) of Section 10-3A-100,
which plan of merger, in addition, shall designate the self-help business improvement district
ordinance which shall be applicable to the surviving corporation, provided that such ordinance
was applicable to at least one of the corporations prior to the merger. (c) A plan of merger
shall be approved pursuant to subdivision (2) of subsection (a) of Section 10-3A-102. (d)
The articles of merger provided in Section 10-3A-103, shall...
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11-54B-10
Section 11-54B-10 Amendment of self-help business improvement district ordinance. (a) Except
as provided in subsection (b), the governing body of the municipality may amend a self-help
business improvement district ordinance upon the written request of the district management
corporation or a representative group of the owners of the real property located within the
geographical area of the district. Such request must specify the desired amendment, which
should be made by the governing body of the municipality to the self-help business improvement
district ordinance. If such request is made by a representative group of owners of the real
property located within the geographical area of the district, such request must also include
the signatures of the owners of real property which comprises at least two-thirds of the total
fair market value of all real property located in the district, determined pursuant to the
provisions of subsection (a) of Section 11-54B-5. (b) The governing body...
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11-54B-40
Section 11-54B-40 Legislative findings. (a) The Legislature makes the following findings: (1)
That patterns of urban development have had substantial adverse impacts upon downtown and
community business districts vital to the economy of the State of Alabama. (2) That the public
interest would be advanced by authorizing the creation of self-help business improvement districts
and district management corporations to assist any Class 2 municipality in promoting economic
growth in business districts. (3) That the public interest would also be advanced by authorizing
the creation of self-help business districts for the promotion of tourism that include businesses
of a designated class and funding supplemental business services through the levy of assessments
on businesses of the designated class that receive benefits from those supplemental business
services. (4) That a district management corporation representing real property owners, or
in certain cases, owners of a particular class of...
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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-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-1
Section 11-54B-1 Legislative findings. (a) The Legislature finds: (1) That patterns of urban
development have had a substantial adverse impact upon downtown and community business districts
vital to the economies of Class 1 municipalities in Alabama. (2) That the public interest
would be advanced by authorizing the creation of self-help business improvement districts
and district management corporations to assist Class 1 municipalities in promoting economic
growth in business districts. (3) That district management corporations representing real
property owners within self-help business improvement districts can assist Class 1 municipalities
in promoting economic growth and employment within business districts. (4) That Class 1 municipalities
should be authorized to create self-help business improvement districts and designate district
management corporations to execute self-help programs to improve the local business climates.
(b) The Legislature further finds that it is the public...
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11-54B-48
Section 11-54B-48 Collection of special assessment. (a) The self-help business improvement
district ordinance adopted by the municipality pursuant to Section 11-54B-46 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, by the offices
of the municipal revenue department, or by the offices of the revenue commissioner, who may
be compensated for the service. Except in the case of an assessment against a designated class
of business, the ordinance shall also provide that the amount of any outstanding special assessment
levied on a parcel of real property, together with any accrued interest and penalties, shall
constitute a lien on the property. The lien shall take precedence over all other liens, whether
created prior or subsequent to the date of the special assessment, except a lien for any of
the following: (1) State, county, or municipal taxes....
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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-5
Section 11-54B-5 Requirements of request for creation of self-help business improvement district.
A request for the creation of a self-help business improvement district must contain the following:
(a) The signatures of a representative group of the owners of the real property located within
the geographical area of the proposed district. The group must include the signatures of the
owners of real property which comprises at least two-thirds of the total fair market value
of all real property located in the proposed district. Ownership of real property and the
fair market value thereof shall be determined by the county property tax assessment records.
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 may ultimately be vested by purchase shall be deemed the owner of such real property
for purposes of this article. (b) An accurate description,...
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11-54B-41
Section 11-54B-41 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) DISTRICT MANAGEMENT CORPORATION. An entity created by incorporation
under the Alabama Nonprofit Corporation Act, Chapter 3 of Title 10A, and designated by ordinance
by the incorporated municipality to manage a self-help business improvement district. (2)
MUNICIPALITY. Those municipalities designated as Class 2 municipalities as defined in Section
11-40-12. (3) SELF-HELP BUSINESS IMPROVEMENT DISTRICT. An area within the incorporated municipality
designated by ordinance as an area in which a special assessment may be levied on the owners
of real property located within the geographical area of the district for the purposes of
providing supplemental services within the district and promoting the economic and general
welfare of the district or, alternatively with respect to a district formed for the purpose
of increasing tourism within the municipality, an area or...
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