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11-54B-13
Section 11-54B-13 Retention of municipal police powers. Notwithstanding the improvement of
any street or sidewalk incident to a self-help business improvement district, a municipality
and its governing body shall retain its police powers and other rights and powers relating
to the street or part thereof constituting or included in a self-help business improvement
district, and no such action shall be interpreted or construed to be a vacation, in whole
or in part, of any municipal street or part thereof, it being intended that the establishment
of a self-help business improvement district pursuant to this article is a matter of a regulation
only. (Acts 1994, No. 94-677, §13.)...
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11-54B-52
Section 11-54B-52 Retention of municipal police powers. Notwithstanding the improvement of
any street or sidewalk incident to a self-help business improvement district, the municipality
and its governing body shall retain its police powers and other rights and powers relating
to any streets or parts thereof constituting or included in a self-help business improvement
district, and no action shall be interpreted or construed to be a vacation, in whole or in
part, of any municipal street or part thereof, it being intended that the establishment of
a self-help business improvement district pursuant to this article is a matter of regulation
only. (Act 2004-382, p. 626, §13.)...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance 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. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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11-54B-10
Section 11-54B-10 Amendment of self-help business improvement district ordinance. (a) Except
as provided in subsection (b), the governing body of the municipality may amend a self-help
business improvement district ordinance upon the written request of the district management
corporation or a representative group of the owners of the real property located within the
geographical area of the district. Such request must specify the desired amendment, which
should be made by the governing body of the municipality to the self-help business improvement
district ordinance. If such request is made by a representative group of owners of the real
property located within the geographical area of the district, such request must also 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 district, determined pursuant to the
provisions of subsection (a) of Section 11-54B-5. (b) The governing body...
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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-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-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-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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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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