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11-99-2
Section 11-99-2 Definitions. As used in this chapter: (1) BLIGHTED OR ECONOMICALLY DISTRESSED
AREA: a. An area in which the structures, buildings, or improvements, by reason of dilapidation,
deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation,
or open spaces, high density of population and overcrowding, or the existence of conditions
which endanger life or property by fire and other causes, or any combination of such factors,
are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
or crime, and are detrimental to the public health, safety, morals, or welfare, or b. Any
area which by reason of the presence of a substantial number of substandard, slum, deteriorated,
or deteriorating structures, predominance of defective or inadequate street layout, faulty
lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe
conditions, deterioration of site or other improvements,...
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11-99-5
Section 11-99-5 Determination of tax increment base; aggregate valuation of taxable property;
acquisition or lease of property by public entity; identification of property; notice. (a)
Upon the creation of a tax increment district or adoption of any amendment pursuant to subsection
(c) of this section, the tax increment base shall be determined. (b) Upon application in writing
by the local finance officer, the tax assessor (or the officer of the county performing the
duties of a tax assessor) for each county in which any part of the district is located shall
determine according to his or her best judgment from all sources available to him or her the
full aggregate value of the taxable property in the district located in that county. The aggregate
valuation from all such tax assessors or other such public officials, upon certification to
the local finance officer, shall constitute the tax increment base of the district. (c) If
the public entity creating a tax increment district in which...
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11-99-4
Section 11-99-4 Creation of tax increment districts and approval of project plans. In order
to exercise its powers under this chapter, a public entity shall take the following steps:
(1) The local governing body shall hold a public hearing at which all interested parties are
afforded a reasonable opportunity to express their views on the concept of tax increment financing,
on the proposed creation of a tax increment district and its proposed boundaries, and its
benefits to the public entity. Notice of the hearing shall be published in a newspaper of
general circulation in either the county or in the city, as the case may be, in which the
proposed tax increment district is to be located with such notice to be published at least
twice in the 15-day period immediately preceding the date of the hearing. Prior to publication,
a copy of the notice shall be sent by first class mail to the chief executive officer of each
deferred tax recipient. (2) In addition to the notice required by...
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40-9E-1
Section 40-9E-1 Definitions. For purposes of this chapter only, the following terms shall have
the following meanings: (1) BASE YEAR. The taxable year immediately before the taxable year
in which property first becomes qualified property under this chapter. (2) BASE YEAR VALUE.
The value of the property used to determine the assessment on which the property tax on property
is imposed for the base year. Base year value does not include any new property that is first
assessed in the base year. (3) ELIGIBLE ASSESSMENT. The difference between the base year value
and the actual value as determined by the county tax assessor for the applicable taxable year.
(4) ENHANCED USE LEASE AREA. Any area of a military installation which contains underutilized
real or personal property, or both, that is leased by a secretary of a military department
to a lessee pursuant to the authority provided in 10 U.S.C. ยง2667. (5) LOCAL GOVERNING BODY.
The governing body of a county or municipality which proposes...
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11-99-6
Section 11-99-6 Allocation of positive tax increments; payment to local finance officer; tax
increment fund. (a) Positive tax increments of a tax increment district shall be allocated
and paid over to the public entity which created the district for each year commencing on
the October 1 following the date when the district is created until the earlier of: (1) That
time, after the completion of all public improvements specified in the project plan or amendments
thereto, when the public entity has received aggregate tax increments from the district in
an amount equal to the aggregate of all expenditures previously made or monetary obligations
previously incurred for project costs for the district; or (2) Thirty-five years after the
last expenditure identified in the project plan is made. No expenditure may be provided for
in the project plan to be made more than five years after the district is created, except
in Class 3 municipalities where such expenditures may be made not more than 10...
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40-18-70
Section 40-18-70 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) EMPLOYEE. Employee as defined in the
Internal Revenue Code, as amended from time to time. (2) EMPLOYER. Employer as defined in
the Internal Revenue Code, as amended from time to time. An employer is required to withhold
tax from the wages of employees to the extent that such wages are earned in Alabama, whether
the employee is a resident or a nonresident of the state. (3) INTERNAL REVENUE CODE. The Internal
Revenue Code of the United States, as amended from time to time. (4) PROVISIONAL CONSTRUCTION
EMPLOYERS. A provisional construction employer is any employer, including members of its affiliated
group as that term is defined in the Internal Revenue Code, that (i) employs 50 or more employees
in a construction project for qualified property located in a tax increment district in which
not less than 50 percent, by area, of the real property...
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40-9-14.1
Section 40-9-14.1 Certificates of exemption to governmental entities, contractors, etc., for
certain tax exempt projects. (a) For the purposes of this section, the term governmental entity
means the State of Alabama and its political subdivisions, including a county, a municipality,
an industrial or economic development board or authority, and any public water or sewer authority,
district, system, or board that otherwise is sales and use tax exempt. A governmental entity
shall also include an educational institution of any of the foregoing Alabama political subdivisions
including a public college or university, a county or city board of education, and the State
Board of Education. (b)(1) The Department of Revenue shall issue a certificate of exemption
to the governmental entity for each tax exempt project. (2) The Department of Revenue shall
grant a certificate of exemption from state and local sales and use taxes to any contractor
licensed by the State Licensing Board for General...
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11-54A-9
Section 11-54A-9 Powers of authority; all projects to be in development area. (a) The authority
shall have the following powers, together with all powers incidental thereto or necessary
to the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time, which may be perpetuity, subject to Section 11-54A-20, specified in
its certificate of incorporation. (2) To sue and be sued in its own name and to prosecute
and defend civil actions in any court having jurisdiction of the subject matter and of the
parties. (3) To adopt and make use of a corporate seal and to alter the same at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and
to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board of the authority may...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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11-99-10
Section 11-99-10 Equalized valuation for apportionment of property taxes. (a) With respect
to any taxing authority other than the public entity which created the tax increment district,
the calculation of the equalized valuation of taxable property in a tax increment district
may not exceed the tax increment base of the district until the district is terminated, unless
agreement has been made for other arrangements under subsection (b) of this section. (b) In
such cases where it can be shown that losing tax increments would be harmful to any given
taxing authority or cause such taxing authority not to honor a prior binding commitment, by
contract executed with the public entity prior to the designation of the tax increment district,
and if an agreement has been made for such allowances through a process of negotiation at
the time of the creation of the tax increment district, a taxing authority may make payments
into the tax increment fund, less the sum of: (1) Any property taxes...
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