Code of Alabama

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11-54B-42
Section 11-54B-42 Development and maintenance of self-help business improvement districts.
A Class 2 municipality, by ordinance, may provide for the creation and maintenance of one
or more self-help business improvement districts pursuant to this article. This article is
intended as the exclusive procedure by which a Class 2 municipality may create and maintain
a self-help business improvement district. (Act 2004-382, p. 626, §3.)...
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11-54B-3
Section 11-54B-3 Development and maintenance of self-help business improvement districts. A
municipality may, through ordinance, provide for the creation and maintenance of one or more
self-help business improvement districts pursuant to this article. This article is intended
as the exclusive procedure through which a municipality may create and maintain a self-help
business improvement district. (Acts 1994, No. 94-677, §3.)...
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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-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-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-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-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-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-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-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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