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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37-5-4
Section 37-5-4 Board of directors - Appointment; terms; oath; vacancies; compensation and expenses.
The government of the district shall be vested in a board of three directors, to be appointed
by the Governor within 10 days after the creation and incorporation of the district. The regular
term of directors of the district after the first term shall be four years. Each director
shall hold office until his successor is selected and qualified. Each director shall, before
entering upon discharge of his duties, take and subscribe to the constitutional oath of office.
Such oath shall be filed with the commission. The first directors of the district shall be
selected for terms of two, three and four years, respectively. The death of a director, his
resignation, his removal for cause by the appointing power, or his disability to continue
for any cause to act as director, or his change of residence from the district shall vacate
the office. Within 20 days after a determination of the vacancy...
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9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
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10A-2-8.03
Section 10A-2-8.03 Number and election of directors. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The
number of directors shall be one or more, as specified in or fixed in accordance with the
articles of incorporation or bylaws. (b) If a board of directors has power to fix or change
the number of directors, the board may increase or decrease by 30 percent or less the number
of directors last approved by the shareholders, but only the shareholders may increase or
decrease by more than 30 percent the number of directors last approved by the shareholders.
(c) The articles of incorporation or bylaws may establish a variable range for the size of
the board of directors by fixing a minimum and maximum number of directors. If a variable
range is established, the number of directors may be fixed or changed from time to time, within
the minimum and maximum, by the shareholders, or, if the articles of incorporation...
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10A-2-8.20
Section 10A-2-8.20 Meetings. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The board of directors may
hold regular or special meetings in or out of this state. (b) Unless the articles of incorporation
or bylaws provide otherwise, the board of directors may permit any or all directors to participate
in a regular or special meeting by, or conduct the meeting through the use of, any means of
communication by which all directors participating may simultaneously hear each other during
the meeting. A director participating in a meeting by this means is deemed to be present in
person at the meeting. (Acts 1994, No. 94-245, p. 343, §1; §10-2B-8.20; amended and renumbered
by Act 2009-513, p. 967, §118.)...
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10A-2-8.24
Section 10A-2-8.24 Quorum and voting. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Unless the articles of incorporation
or bylaws require a greater number, a quorum of a board of directors consists of: (1) A majority
of the fixed number of directors if the corporation has a fixed board size; or (2) A majority
of the fixed number of directors prescribed, or if no number is prescribed the number in office
immediately before the meeting begins, if the corporation has a variable-range size board.
(b) The articles of incorporation or bylaws may authorize a quorum of a board of directors
to consist of no fewer than one-third of the fixed or prescribed number of directors determined
under subsection (a). (c) If a quorum is present when a vote is taken, the affirmative vote
of a majority of directors present is the act of the board of directors unless the articles
of incorporation or bylaws require the vote of a...
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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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10A-2-10.20
Section 10A-2-10.20 Amendment by board of directors or shareholders. REPEALED IN THE 2019 REGULAR
SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) A corporation's board of directors may amend or repeal the corporation's bylaws unless:
(1) The articles of incorporation or this chapter reserve this power exclusively to the shareholders
in whole or part; or (2) The shareholders in amending or repealing a particular bylaw provide
expressly that the board of directors may not amend or repeal that bylaw. (b) A corporation's
shareholders may amend or repeal the corporation's bylaws even though the bylaws may also
be amended or repealed by its board of directors. (Acts 1994, No. 94-245, p. 343, §1; §10-2B-10.20;
amended and renumbered by Act 2009-513, p. 967, §131.)...
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10A-2-8.22
Section 10A-2-8.22 Notice of meeting. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Regular meetings of the board
of directors may be held with or without notice as prescribed in the bylaws. (b) Unless the
articles of incorporation or bylaws provide for a longer or shorter period, special meetings
of the board of directors must be preceded by at least two days' notice of the date, time,
and place of the meeting. The notice need not describe the purpose of the special meeting
unless required by the articles of incorporation or bylaws. (Acts 1994, No. 94-245, p. 343,
§1; §10-2B-8.22; amended and renumbered by Act 2009-513, p. 967, §118.)...
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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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