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-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-50
Section 11-54B-50 District management corporation limits, powers, and duties. (a) District management corporations provided for in this article shall be incorporated under the Alabama Nonprofit Corporation Act, Chapter 3 of Title 10A, and shall exercise their powers in a manner consistent with that law. (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 shall provide all of the following: (1) That a board of directors shall manage the property, business, and affairs of the corporation. (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 those groups will serve for initial terms of one, two, and three years respectively, and that all directors thereafter elected by the board of directors shall serve for a term of...
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11-54B-49
Section 11-54B-49 Amendment of the self-help business improvement district ordinance. (a) The governing body of the municipality may amend an ordinance relating to the self-help business improvement district upon the written request of a representative group of the owners of the nonexempt real property located within the geographical area of the district. The request shall specify the desired amendment or amendments which should be made by the governing body of the municipality to the self-help business improvement district ordinance. The request shall also include the signatures of the owners of the nonexempt real property comprising at least 60 percent of the total fair market value of all real property located in the district, or the owners of at least 50 percent of the parcels of property located within the district; or, alternatively with respect to a district funded by assessments against a particular class of businesses, the signatures of the owners of businesses, consistent...
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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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11-54B-43
Section 11-54B-43 Findings required for a public hearing on the adoption of a self-help business improvement district ordinance. A public hearing on the adoption of an ordinance creating a self-help business improvement district may be called only if the governing body of a Class 2 municipality finds that: (1) A request for the creation of a self-help business improvement district which satisfies the requirements of Section 11-54B-44 has been filed with the clerk of the municipality. (2) The area described in the self-help business improvement plan would benefit from being designated as a self-help business improvement district. (3) The self-help business improvement district plan required by Section 11-54B-44 includes a designated district management corporation to provide administrative and other services to benefit businesses, employees, residents, and consumers in the self-help business improvement district. (4) The self-help business improvement district plan includes a special...
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11-54B-46
Section 11-54B-46 Review of self-help business improvement district plan and adoption of ordinance. The governing body of the municipality, upon review of the self-help business improvement district plan and after public hearing, may adopt an ordinance to designate, establish, and maintain the area described in the plan as a self-help business improvement district. The ordinance shall provide for an effective date of 30 days from the date of adoption of the ordinance by the governing body of the municipality and shall provide that, if the owners of nonexempt real property representing 60 percent of the total fair market value of all real property located within the district, or the owners of at least 50 percent of the parcels of property located within the district; or, alternatively with respect to a district funded by assessments against a particular class of businesses, if the owners of businesses, consistent with the signatures required under subdivision (2) of Section 11-54B-44,...
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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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11-54B-2
Section 11-54B-2 Definitions. As used in this article, the following words and phrases shall have the following meanings: (1) MUNICIPALITY. Any Class 1 municipality located in the State of Alabama. (2) DISTRICT MANAGEMENT CORPORATION. An entity created by incorporation under The Alabama Nonprofit Corporation Act (Chapter 3A of Title 10), and designated by ordinance to manage a self-help business improvement district. (3) SELF-HELP BUSINESS IMPROVEMENT DISTRICT. A geographical area, whether or not contiguous, within a municipality designated by ordinance as an area in which a special assessment may be levied on the owners of the 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. (Acts 1994, No. 94-677, p. 1295, §2; Act 2007-479, p. 1017, §1.)...
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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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