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-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-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-16
Section 11-54B-16 District management corporation contracts. The municipality may, by ordinance, authorize the district management corporation to contract work to be done on any street or streets, or on other municipal property, included in the self-help business improvement district. In the event that the municipality elects to contract with the district management corporation with respect to such work, the district management corporation shall, solely with respect to such contract, be subject to the statutory rules and regulations applicable to the letting of contracts by a municipality. Further, 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. (Acts 1994, No. 94-677, §16.)...
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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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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-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-15
Section 11-54B-15 Furniture, structure of facility not deemed nuisance. Any movable furniture, structure, facility, or appurtenance or activity located or permitted in connection with a self-help business improvement district shall not, by reason of such location or use, be deemed a nuisance or unlawful obstruction or condition, notwithstanding any rule or regulation or principle of negligence law pertaining to the use of public streets and highways and neither the municipality nor any user acting under permit shall be liable for any injury to person or property, unless such furniture, structure, facility or use shall be negligently constructed, maintained, or operated. (Acts 1994, No. 94-677, §15.)...
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11-54B-54
Section 11-54B-54 Furniture, structure of facility not deemed nuisance. Any movable furniture, structure, facility, or appurtenance or activity located or permitted in connection with a self-help business improvement district shall not, by reason of location or use, be deemed a nuisance or unlawful obstruction or condition, notwithstanding any rule or regulation or principle of law pertaining to the use of public streets and highways and neither the municipality nor any user acting under permit shall be liable for any injury to person or property, unless the furniture, structure, facility, or use shall be negligently constructed, maintained, or operated. (Act 2004-382, p. 626, §15.)...
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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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