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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-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-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-45
Section 11-54B-45 Mailing of proposed ordinance and notice of hearing. At least 20 days prior
to the date set for a public hearing on the proposed self-help business improvement district
plan, notice of the date, time, and place of the hearing, with a description of the geographical
area proposed to be included in the district, the proposed ordinance, and the self-help business
district plan shall be mailed to all known owners of nonexempt real property located within
the geographical area proposed to be included in the district by the municipality. The notice
shall be mailed to all known owners of nonexempt real property at the address listed in the
county property tax assessment records. In addition, a copy of the notice shall be posted
in at least three places located within the geographical area proposed to be included in the
district. A property owner's failure to receive a copy of the notice shall not constitute
grounds to contest the validity of a self-help business improvement...
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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-6
Section 11-54B-6 Mailing of proposed ordinance and notice of hearing. At least twenty (20)
days prior to the date set for a public hearing on the proposed self-help business improvement
district plan, notice of the date, time and place of the hearing, with a description of the
geographical area proposed to be included in the district, the proposed ordinance, and the
self-help business improvement district plan shall be mailed to all known owners of real property
located within the geographical area proposed to be included in the district. Such notice
shall be mailed to all known owners of such real property at the address listed in the county
property tax assessment records. In addition, a copy of such notice shall be posted in at
least three (3) places located within the geographical area proposed to be included in the
district. A property owner's failure to receive a copy of such notice shall not constitute
grounds upon which such owner may contest the validity of a self-help...
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11-54B-58
Section 11-54B-58 Sunset provision. (a) Within 90 days after the adoption and approval of the
fifth annual budget for any self-help business improvement district, the municipality shall
set a hearing to determine whether the district should be continued, modified, or terminated.
At least 20 days before the hearing, notice of the date, place, and time of the hearing shall
be posted in at least three places within the district and mailed, along with the new district
management plan, which shall contain the items described in subdivision (4) of Section 11-54B-44,
to each real property or business owner who paid assessments to the district during the previous
year as certified by an officer of the district management corporation collecting such assessments,
the officers of the municipal revenue department, or the offices of county tax assessor and
county tax collector, if they are the billing and collecting agency. (b) At this hearing,
if a petition presented to the municipality objecting...
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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-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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