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-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-7
Section 11-54B-7 Review of self-help business improvement district plan and adoption of ordinance.
The municipality, upon review of the self-help business improvement district plan submitted,
may, after public hearing, 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 which is sixty (60) days from the date of adoption of the ordinance
by the municipality and shall provide that, if the owners of real property which represent
one-third ( 1/3 ) or more (by number) of all parcels of real property located within the geographical
area of the district file written objections to the establishment of the district with the
clerk of the municipality, the provisions of such ordinance shall be null and void and no
district shall be created. The ordinance shall designate the district management corporation
provided for in the plan as the district management...
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11-54B-47
Section 11-54B-47 Costs of supplemental services. (a) The self-help business improvement district
ordinance adopted by the municipality pursuant to Section 11-54B-46 shall provide that all
costs of the supplemental services provided in a self-help business improvement district shall
be financed through the levy by the municipality of a special assessment on the owners of
the real property located within the geographical area of the district or, in the case of
a district formed to increase tourism in the municipality, on businesses of the designated
class within the geographical area of the district, and in either case shall designate the
method set forth in the plan as the method used to determine the amount of the special assessment
in a manner which fairly and equitably distributes the burden of financing the supplemental
services among the nonexempt real property owners in the district. The ordinance shall list
and describe, by lot and block numbers and by street addresses, all real...
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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-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-19
Section 11-54B-19 Sunset provision. (a) Within sixty (60) days after the adoption and approval
of the fifth annual budget for any self-help business improvement district, the board of directors
of the district management corporation shall set a hearing to determine whether the district
should be continued, modified, or terminated. At least twenty (20) days before the hearing,
notice of the date, place and time of such hearing shall be posted in at least three (3) places
within the district and mailed to each real property owner who paid assessments to the district
during the previous year as certified by an officer of the district management corporation
collecting such assessments. (b) Whenever a petition is presented to the board of directors
of the district management corporation signed by real property owners in the district which
paid twenty-five percent (25%) or more of the assessments paid in the district during the
last fiscal year for which assessments were collected, the board...
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11-54B-8
Section 11-54B-8 Costs of supplemental services; assessment of classes; exemptions. (a) A self-help
business improvement district ordinance shall provide that all costs of the supplemental services
provided in a business improvement district will be financed through the levy of a special
assessment on the owners of the real property located within the geographical area of the
district and shall designate the method set forth in the plan as the method which will be
used to determine the amount of such special assessment in a manner which fairly and equitably
distributes the burden of financing the supplemental services among the real property owners
in the district. Such ordinance shall list and describe, by metes and bounds, by lot and block
numbers, or by street addresses, all real properties against which the special assessment
will be made to fund such supplemental services. (b) The board of directors of the district
management corporation, in its sole discretion, may assess classes...
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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-55
Section 11-54B-55 District management corporation contracts. The municipalities, by ordinance,
may authorize the district management corporation to contract construction and maintenance
work to be done on any street or streets, or on other municipal property included in the self-help
business improvement district. The plans and specifications of any construction work to be
contracted shall be approved by the municipal engineer prior to initiation of any actions
for the awarding of a contract under this article. (Act 2004-382, p. 626, §16.)...
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