AL Code § 45-37-90.05 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 37 - Jefferson County.|Article 9 - Economic and Industrial Development and Tourism.|Part 1 - Civic Center.|Section 45-37-90.05 - Civic Center Authority - Location; Powers; Development Plan; Investment of Funds.

Section 45-37-90.05Civic Center Authority - Location; powers; development plan; investment of funds. (a) The authority shall be authorized to construct, maintain, control, operate, and manage a civic center in the county seat within the following described area: Beginning at the intersection of Thirteenth Avenue North and Twenty-sixth Street North (Carraway Boulevard); thence Southerly along Twenty-sixth Street North (Carraway Boulevard) to the Connector Road; thence Southerly along the Connector Road to Twenty-sixth Street North; thence Southerly along Twenty-sixth Street North to Eighth Avenue North (Reverend Abraham Woods Jr. Boulevard); thence Westerly along Eighth Avenue North (Reverend Abraham Woods Jr. Boulevard) to Twenty-third Street North; thence Northerly along Twenty-third Street North to the Southerly Right of Way of Interstate 59/20; thence Westerly along the Southerly Right of Way of Interstate 59/20 to Fifteenth Street North; thence Northerly along Fifteenth Street North to Eleventh Avenue North; thence Easterly along Eleventh Avenue North to Nineteenth Street North; thence Northerly along Nineteenth Street North to Thirteenth Avenue North; thence Easterly along Thirteenth Avenue North to Twenty-first Place North; thence Northerly along Twenty-first Place North to Thirteenth Avenue North; thence Easterly along Thirteenth Avenue North to Twenty-third Street North; thence Northerly along Twenty-third Street North to Fifteenth Avenue North; thence Westerly along Fifteenth Avenue North to Twenty-second Street North; thence Northerly along Twenty-second Street North to Seventeenth Avenue North; thence Westerly along Seventeenth Avenue North to FL Shuttlesworth Drive; thence Northerly along FL Shuttlesworth Drive to Nineteenth Avenue North; thence Easterly along Nineteenth Avenue North to Twenty-fifth Street North; thence Northerly along Twenty-fifth Street North to Twentieth Avenue North; thence Easterly along Twentieth Avenue North to Twenty-seventh Street North; thence Southerly along Twenty-seventh Street North to Nineteenth Avenue North; thence Westerly along Nineteenth Avenue North to Twenty-sixth Street North; thence Southerly along Twenty-sixth Street North to Fifteenth Avenue North; thence Easterly along Fifteenth Avenue North to the Westerly Right of Way of Norfolk Southern Railway; thence Southerly along the Westerly Right of Way of Norfolk Southern Railway to Thirteenth Avenue North; thence Westerly along Thirteenth Avenue North to Twenty-sixth Street North (Carraway Boulevard) and to the Point of Beginning. (b) The area shall not be extended unless the extension thereof has been first approved by a resolution adopted by the governing body of the county and a resolution adopted by the governing body of the county seat. The authority shall be authorized to construct, maintain, control, own, operate, and manage any or all facilities useful or necessary to provide for public meetings, athletic contests, concerts, theatrical performances, trade shows, exhibitions, or any other events which contribute to the cultural betterment of the community or which entertain or educate the persons attending such events. The facilities which the authority may construct, maintain, control, own, operate, and manage shall include, without limitation, all or any of the following to be situated in or near the civic center: Buildings to provide offices to be used by any person, including, without limitation, the United States of America, the State of Alabama, the county, any municipality within the county, or any agency, instrumentality, public corporation, or subdivision of such governmental entities; and buildings to house or accommodate public facilities of any person, including, without limitation, the United States of America, the State of Alabama, the county, any municipality within the county, or any agency, instrumentality, public corporation, or subdivision of such governmental entities; parking facilities, streets, boulevards, walkways, parkways, and parks; monuments, statues, and other structures beautifying the civic center; community houses or meeting houses and auditoriums; arenas, convention halls, and convention sites; music halls, theatres, and museums; hotels or motels of sufficient size and quality to accommodate persons attending conventions, restaurants, meeting rooms, and administrative facilities; places of recreation; and art exhibits and other exhibits for the advancement of the humanities and the cultural development and edification of the citizens of the county and of the municipalities located therein. (c) The authority shall have the power: (1) To sue and be sued. (2) To acquire property and rights and interests in property by gift, lease, or purchase, or by the exercise of eminent domain. (3) To have a seal and alter the same at pleasure. (4) To appoint officers, agents, employees, and attorneys, and to fix their compensation. (5) To make bylaws for the management and regulation of its affairs. (6) To make contracts, and to execute all instruments necessary or convenient to lease or purchase and own real or personal property to be used for the furtherance of the purposes for the accomplishment of which the authority is created. (7) To arrange, sponsor, and conduct programs and exhibits in the civic center for the advancement of the cultural, civic, and scientific interests and welfare of the citizens of the county and of the municipalities thereof and for the advancement of the humanities. (8) To promote, sponsor, and operate in the civic center exhibitions and recreational activities. (9) To charge fees for admission. (10) To lease or sublease to any person, including, without limitation, the United States of America, the State of Alabama, the county, any municipality within the county, or any agency, instrumentality, public corporation, or subdivision of such governmental entities, any property owned or leased by or under the control of the authority. (11) To purchase or lease real property and rights of easements therein necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue. (12) To accept or receive gifts, bequests, and devises. (13) To sell, convey, lease, mortgage, deed in trust, contract for the management of, or otherwise deal with all or any part of the property, both real and personal, of the authority, in the furtherance of the purposes for the accomplishment of which the authority is created. (14) To do all things necessary or convenient to carry out the powers expressly given herein. (d) For the aforesaid purposes, and for no other purposes, the authority shall be authorized to use and apply the proceeds of any taxes which the Legislature provides shall be payable to the authority and the proceeds of any fees or charges that the authority is authorized to collect and retain pursuant to this part. (e) Subject to the conditions stated in the sentence next following, the county, and each municipality thereof, are authorized, but not required, to lease, sell, donate, or otherwise convey to the authority, real or personal property, including park properties, without authorization by election of the qualified voters of the county or of the municipality; and subject to the conditions stated in the sentence next following, the county, and each municipality thereof, are authorized, but not required, to appropriate public funds of the county or of the municipality, as the case may be, to the authority, to be used by the authority for purposes hereinabove enumerated. The county shall not lease, sell, donate, or convey any property to the authority, or appropriate any money to the authority, unless the governing body of the county has determined that such lease, sale, donation, conveyance, or appropriation will benefit the people of the county to such an extent as to fully warrant and justify the lease, sale, donation, conveyance, or appropriation; and no municipality shall lease, sell, donate, or convey any property to the authority or appropriate any money to the authority unless the governing body of such municipality has determined that such lease, sale, donation, conveyance, or appropriation will benefit the people of the municipality to such an extent as to fully warrant and justify the lease, sale, donation, conveyance, or appropriation. (f) The authority may adopt a plan for development of property in its area of operation that is in furtherance of its corporate purposes. The authority may acquire property with the intent of selling, leasing, or otherwise disposing of such property to any person in connection with, or in furtherance of, any such development plan. If the authority sells, leases, or otherwise conveys any of its property to a person other than a governmental entity, such conveyance shall be for fair market value, as determined by the board of directors of the authority upon such evidence as it shall consider appropriate. For purposes of determining the fair market value of property so conveyed, the authority may take into account any restrictions or standards imposed on the use of such property by the terms of such conveyance or by a development plan adopted by the authority that affects the potential use of such property. (g) The authority shall be authorized to invest any of its funds not needed to meet disbursements in any securities or obligations that the county or any municipality within the state is authorized to invest its own funds, or to deposit such funds in any bank or financial institution selected by the authority. (h) This part shall not be construed to limit the right, power, or authority of any municipality to operate facilities similar to the facilities provided for by this part. Without limiting the generality of the next foregoing sentence, it is expressly provided that this part shall not in any way affect any auditorium, art museum, or other facility presently owned or hereafter acquired by any municipality, whether situated in the civic center or elsewhere. (Acts 1965, No. 547, p. 797, §6; Act 87-741, p. 1436, §2; Act 89-760, p. 1539, §1; Act 2003-357, p. 986, §1; Act 2017-267, §1.)