reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-7 - Board of Directors; Election, Terms, Eligibility, Etc.

Section 11-54A-7
Board of directors; election, terms, eligibility, etc.
Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of any number of directors, not less than three, who shall be elected by the governing body of the city for staggered terms as hereinafter provided. At the time of the election of the first board, the governing body of the city shall divide the directors into three groups containing as nearly equal whole numbers as may be possible. The governing body of the city shall specify for which term each director is elected. The initial term of office of the first group shall be two years each. The initial terms of office of the second group shall be four years each. The initial term of office of the third group shall be six years. Thereafter, the term of office of each such director shall be six years. If at the expiration of any term of office of any director, a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his successor shall be so elected. If at any time there should be a vacancy on the board, a successor director to serve for the unexpired term applicable to such vacancy shall be elected by the governing body of the city. Each director must be a duly qualified elector of the city. Directors shall be eligible for reelection. Each director shall be reimbursed for expenses actually incurred by him in and about the performance of his duties. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided in Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal of the officers mentioned in Section 175.
(Acts 1985, No. 85-683, p. 1080, §7; Acts 1987, No. 87-345, p. 508.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-8 - Officers of Authority.

Section 11-54A-8
Officers of authority.
The officers of the authority shall consist of a chairman, vice chairman, secretary, treasurer, and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chairman and vice chairman of the authority shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officers of the authority may, but need not, be members of the board and shall also be elected by the board. The chairman, vice chairman, secretary, and treasurer of the authority shall also be the chairman, vice chairman, secretary, and treasurer of the board, respectively.
Prior to receipt by the authority of any tax revenues from the city, any county, state, or federal governments, the treasurer of the authority shall provide evidence to the governmental entity from which the funds are to be received of procurement of a fidelity bond in an amount equal to or greater than the amount of tax funds to be received and that the company issuing the bond is qualified to issue fidelity bonds in the State of Alabama.
(Acts 1985, No. 85-683, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-11 - Proceeds From Sale of Bonds.

Section 11-54A-11
Proceeds from sale of bonds.
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of (and premium, if any) and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to (1) the fiscal, engineering, legal and other expenses incurred in connection with the issuance of the bonds, and (2) except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.
(Acts 1985, No. 85-683, p. 1080, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-12 - Refunding Bonds.

Section 11-54A-12
Refunding bonds.
Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with refunding; provided, that unless duly called for redemption pursuant to provisions contained therein; the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunding bonds may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous, or may be exchanged for the bonds or other obligations to be refunded. Any such refunding bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and have such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board.
Any refunding bonds issued by the authority shall be issued and may be secured in accordance with the provisions of Section 11-54A-10.
(Acts 1985, No. 85-683, p. 1080, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-13 - Notice of Bond Resolution; 30 Days to Bring Action to Question Bond Validity.

Section 11-54A-13
Notice of bond resolution; 30 days to bring action to question bond validity.
Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, the authority may cause to be published once a week for two consecutive weeks, in a newspaper published or having general circulation in the city, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of such authority.
"The _____ Redevelopment Authority, a public corporation under the laws of the State of Alabama, on the _____ day of _____ authorized the issuance of $_____ principal amount of bonds of the public corporation for purposes authorized in the act of the Legislature of Alabama under which the public corporation was organized. Any action or proceeding questioning the validity of the bonds, or the pledge and the mortgage and deed of trust or trust indenture to secure the same, or the proceedings authorizing the same, must be commenced within 30 days after the first publication of this notice."
A newspaper shall be deemed to be published in the city, within the meaning of this section, if its principal editorial office is located in the city.
Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any such bonds, or the validity of any pledge and mortgage and deed of trust or trust indenture made therefor, must be commenced within 30 days after the first publication of the notice. After the expiration of that period, no right of action or defense questioning or attacking the validity of the proceedings or of the bonds or the pledge or mortgage and deed of trust or trust indenture shall be asserted, nor shall the validity of the proceedings, bonds, pledge, mortgage, and deed of trust or trust indenture be open to question in any court on any ground whatsoever except in an action commenced within the period.
(Acts 1985, No. 85-683, §13; Act 2004-630, p. 1439, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-14 - Exemption From Taxation.

Section 11-54A-14
Exemption from taxation.
The authority formed under this chapter, the property and income of the authority (whether used by it or leased to others), all bonds issued by the authority, the income from such bonds or from other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages and deeds of trust by and to the authority shall be exempt from all taxation in the state. The authority shall not be obligated to pay any fees, taxes or costs to the judge of probate of any county in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities authorized by this chapter.
(Acts 1985, No. 85-683, p. 1080, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-15 - Liability of City.

Section 11-54A-15
Liability of city.
The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the city within the meaning of any constitutional or statutory provision whatsoever.
(Acts 1985, No. 85-683, p. 1080, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-16 - Exemption From Usury and Interest Laws.

Section 11-54A-16
Exemption from usury and interest laws.
The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, the provisions of Chapter 8 of Title 8, as it may at any time be amended.
(Acts 1985, No. 85-683, p. 1080, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-17 - Compliance With Competitive Bid Laws.

Section 11-54A-17
Compliance with competitive bid laws.
The authority and all contracts made by it shall comply with the laws of the State of Alabama requiring competitive bids for any contract to be entered into by municipalities or public corporations authorized by them, including, but without limitation to, the provisions of Article 3 of Chapter 16 of Title 41.
(Acts 1985, No. 85-683, §17; Act 2004-630, p. 1439, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-18 - Freedom of Authority From State Supervision and Control.

Section 11-54A-18
Freedom of authority from state supervision and control.
This chapter is intended to aid the state through the furtherance of the purposes of the chapter by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this chapter, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture, or the exercise of any other of its powers by the authority. Neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority.
The authority shall hold a public hearing before approving or obligating the expenditure of any tax revenues received by the authority from the city, any county, the state or federal governments. Such notice shall be advertised in a newspaper of general circulation in the county of incorporation of the authority and the notice shall be published not less than seven days prior to the hearing.
(Acts 1985, No. 85-683, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-19 - Earnings of Authority.

Section 11-54A-19
Earnings of authority.
The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the city.
(Acts 1985, No. 85-683, p. 1080, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-20 - Dissolution of Corporation and Vesting of Title to Property in City.

Section 11-54A-20
Dissolution of corporation and vesting of title to property in city.
At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a certified copy of the said resolution in the office of the judge of probate of the county, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the city.
(Acts 1985, No. 85-683, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-21 - Existence of Authority to Prevent Incorporation of Another by City.

Section 11-54A-21
Existence of authority to prevent incorporation of another by city.
The existence of the authority incorporated under the provisions of this chapter shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted by this chapter.
(Acts 1985, No. 85-683, p. 1080, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-22 - Loans, Sales, Grants, etc., of Money, Property, etc., to Authority by Counties, Municipalities, Etc.

Section 11-54A-22
Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, etc.
For the purpose of effecting the revitalization and redevelopment of the central business district of the city, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:
(1) Lend or donate money to or perform services for the benefit of the authority;
(2) Donate, sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein, and any franchise; and
(3) Do any and all things, whether or not specifically authorized in this chapter and not otherwise prohibited by law, that are necessary or convenient in connection with aiding and cooperating with the authority in its efforts to revitalize and redevelop the central business district of the city.
(Acts 1985, No. 85-683, p. 1080, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-23 - Provisions Cumulative.

Section 11-54A-23
Provisions cumulative.
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with provisions of this chapter.
(Acts 1985, No. 85-683, p. 1080, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-24 - Authorities Organized Under Prior Acts.

Section 11-54A-24
Authorities organized under prior acts.
Any downtown redevelopment authority established under Acts 1982, No. 303, Acts 1984, No. 395, Acts 1984, No. 415, Acts 1985, No. 185, or any other authority organized under any act of this state prior to May 29, 1985, for the purpose of revitalizing or redeveloping the central business district of any city or town in Alabama may reincorporate under the provisions of this chapter by the filing of a restated certificate of incorporation with the judge of probate of the county wherein the certificate of incorporation of the authority was originally filed for record but the provisions of Section 11-54A-4 need not be complied with and, if the authority had previously received an authorizing resolution, no new authorizing resolution shall be required. The governing body of the city shall not be required to reappoint the directors of any such authority and the directors then in office shall continue in office and their terms of office shall expire at the same time such terms would have expired prior to the passage of this chapter. The downtown development area of such authorities shall be the areas specified in the acts described in the first sentence of this paragraph.
All bonds, leases, mortgages, indentures, inducement agreements, preliminary bond resolutions and other instruments, contracts, documents and agreements issued, entered into, authorized or approved by such authorities are hereby validated, ratified and approved ab initio.
(Acts 1985, No. 85-683, p. 1080, §24.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54A - Downtown Redevelopment Authorities. › Section 11-54A-25 - Continued Existence of Authorities Established Before August 1, 2004; Reincorporation.

Section 11-54A-25
Continued existence of authorities established before August 1, 2004; reincorporation.
Any downtown redevelopment authority established under this chapter prior to August 1, 2004, for the purpose of revitalizing or redeveloping the central business district of any city or town in Alabama may continue in existence under this chapter as it appeared prior to August 1, 2004, or may reincorporate under the provisions of this chapter as amended by the filing of a restated certificate of incorporation with the judge of probate of the county wherein the certificate of incorporation of the authority was originally filed for record, but the provisions of Section 11-54A-4 need not be complied with and, if the authority had previously received an authorizing resolution, no new authorizing resolution shall be required. The governing body of the city shall not be required to reappoint the directors of the authority and the directors then in office shall continue in office and their terms of office shall expire at the same time the terms would have expired prior to the passage of this section.
(Act 2004-630, p. 1439, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-1 - Legislative Findings.

Section 11-54B-1
Legislative findings.
(a) The Legislature finds:
(1) That patterns of urban development have had a substantial adverse impact upon downtown and community business districts vital to the economies of Class 1 municipalities in 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 Class 1 municipalities in promoting economic growth in business districts.
(3) That district management corporations representing real property owners within self-help business improvement districts can assist Class 1 municipalities in promoting economic growth and employment within business districts.
(4) That Class 1 municipalities should be authorized to create self-help business improvement districts and designate district management corporations to execute self-help programs to improve the local business climates.
(b) The Legislature further finds that it is the public policy of the State of Alabama to permit the governing bodies of Class 1 municipalities to protect the public welfare and the interests of the public in the safe and effective movement of persons, encourage healthy economic development, promote jobs, and preserve and enhance the function and appearance of business districts located within a Class 1 municipality through the adoption of an ordinance of the type authorized in this article.
(Acts 1994, No. 94-677, p. 1295, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-2 - Definitions.

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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-3 - Development and Maintenance of Self-Help Business Improvement Districts.

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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-4 - Findings Required for Public Hearing on Adoption of Self-Help Business Improvement District Ordinance.

Section 11-54B-4
Findings required for public hearing on adoption of self-help business improvement district ordinance.
A public hearing on the adoption of a self-help business improvement district ordinance may be called only if the governing body of a municipality finds that:
(a) A request for the creation of a self-help business improvement district which satisfies the requirements of Section 11-54B-5 has been filed with the clerk of the municipality.
(b) The area described in the self-help business improvement district plan would benefit from being designated as a self-help business improvement district.
(c) The self-help business improvement district plan required by Section 11-54B-5 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.
(d) The self-help business improvement district plan includes a special assessment which will be levied by the district management corporation on the owners of the real property located within the geographical area of the district to finance the supplemental services described in the plan and that such special assessment is expected to produce revenue which is consistent with the annual budget adopted and approved as provided in this chapter.
(e) The copies of the articles of incorporation and by-laws of the district management corporation satisfy the requirements of Section 11-54B-9.
(f) It is in the best interests of the municipality and the public to designate the geographical area described in the plan as a self-help business improvement district and to designate a district management corporation to provide administrative and other services to the district.
(g) The existing level of publicly funded services provided by the municipality in the geographical area of the proposed district has been documented in writing and certified by the mayor of the municipality.
(Acts 1994, No. 94-677, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-5 - Requirements of Request for Creation of Self-Help Business Improvement District.

Section 11-54B-5
Requirements of request for creation of self-help business improvement district.
(a) A request for the creation of a self-help business improvement district must contain the following:
(1) 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 one-half 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.
(2) An accurate description, whether by metes and bounds or by lot and block numbers or by street addresses, of the proposed district.
(3) A self-help business improvement district plan that shall include:
a. a description of the supplemental services which will be provided in the district;
b. a budget outlining the annual cost of the supplemental services described in paragraph a.;
c. a description of the method which will be used to determine the amount of the special assessment which will be levied on the owners of the real property located within the geographical area of the district to finance the supplemental services described in paragraph a.;
d. the number of years, not to exceed five years, in which the special assessments described in paragraph c. above will be levied; and
e. copies of the articles of incorporation and by-laws of the district management corporation designated by the plan to provide administrative and other services to the district.
(b) Act 2021-213 shall not affect the creation of a self-help business improvement district prior to April 15, 2021, but any district in existence prior to April 15, 2021, shall be subject to the remaining provisions of Act 2021-213.
(Acts 1994, No. 94-677, §5; Act 2021-213, §§1,2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-6 - Mailing of Proposed Ordinance and Notice of Hearing.

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 business improvement district ordinance.
(Acts 1994, No. 94-677, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-7 - Review of Self-Help Business Improvement District Plan and Adoption of Ordinance.

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, 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 which is 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-half 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 void and no district shall be created. The ordinance shall designate the district management corporation provided for in the plan as the district management corporation authorized to provide administrative and other services to the district and authorize the execution of a contract between the municipality and such district management corporation setting out the services to be provided by the district and the municipality. The contract shall provide that the municipality shall continue the same level of services in the district as provided prior to the creation thereof.
(Acts 1994, No. 94-677, §7; Act 2021-213, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-12 - Annual Budget of District Management Corporation.

Section 11-54B-12
Annual budget of district management corporation.
(a) The officers of the district management corporation shall submit a detailed annual budget for approval by its board of directors including proposed expenditures and proposed sources of funding, including voluntary donations, and which explains how the budget contributes to goals and objectives for the business improvement district.
(b) The budget shall be introduced, approved, amended, and adopted by resolution passed by not less than a majority of the full membership of the board of directors.
The procedure shall be as follows:
(1) Introduction and preliminary approval;
(2) Public advertising;
(3) Public hearing;
(4) Amendments and public hearings, if required; and
(5) Adoption.
(c) No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present objections.
(d) The board of directors may amend the budget during or after the public hearing.
No amendment by the board of directors shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon, if the amendment shall:
(1) Add a new item in an amount in excess of 10% of the total amount as stated in the approved budget; or
(2) Increase or decrease any item within such budget by more than 10% of the amount stated therein for such item, or
(3) Increase the amount to be raised by special assessment by more than 10% of the total special assessment revenues stated in the approved budget.
(Acts 1994, No. 94-677, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-13 - Retention of Municipal Police Powers.

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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-14 - Eminent Domain Utilization.

Section 11-54B-14
Eminent domain utilization.
No self-help business improvement district or district management corporation shall have eminent domain powers. All such procedures incidental to the development and maintenance of a self-help business improvement district pursuant to this chapter, including compensation for land acquisition and legal challenges and appeals not specifically prescribed hereunder, shall be taken in accordance with the applicable provisions of Chapter 1A of Title 18.
(Acts 1994, No. 94-677, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-15 - Furniture, Structure of Facility Not Deemed Nuisance.

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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-16 - District Management Corporation Contracts.

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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-17 - Operation in Other Designated Project Areas.

Section 11-54B-17
Operation in other designated project areas.
This article shall not prohibit a municipality from including a self-help business improvement district within the bounds of any area, district, or zone including enterprise zones established pursuant to law which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation of properties located within those boundaries, or the inducement of private enterprises to locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special public financing arrangements.
(Acts 1994, No. 94-677, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-18 - Annual Reports and Audits.

Section 11-54B-18
Annual reports and audits.
(a) Within ninety (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.
(b) Within ninety (90) days after the close of each fiscal year, the district management corporation shall cause an annual audit of its books, accounts, and financial transactions to be made and filed with the governing body of the municipality and for that purpose the corporation shall employ a certified public accountant. The annual audit shall be completed and filed with the governing body within four months after the close of the fiscal year of the corporation and a certified duplicate copy of the audit shall be filed with the mayor and the finance director or other financial control officer of the municipality.
(Acts 1994, No. 94-677, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-19 - Continuation, Modification, or Termination of District.

Section 11-54B-19
Continuation, modification, or termination of district.
(a) Within 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 20 days before the hearing, notice of the date, place, and time of such hearing shall be posted in at least three 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 50 percent or more of the assessments paid in the district during the last fiscal year for which assessments were collected, the board of directors of the district management corporation shall set a public hearing as provided for in subsection (a).
(c) After a hearing, the board of directors of the district management corporation shall adopt a resolution approving the continuation of the district, modifying the district or the services rendered thereby, or the assessments levied, or terminating the district as of the end of the fiscal year during which the hearing is held.
(d) If it should be demonstrated at any hearing held under this section that the owners of real property which either (1) pay one-half or more of the assessments levied in the district during the last fiscal year for which assessments were collected, or (2) represent one-half or more (by number) of all parcels of real property located within the geographical area of the district object to the continuation of the district, the district shall be terminated as of the end of the fiscal year next following the hearing.
(Acts 1994, No. 94-677, §19; Act 2021-213, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-20 - Tax Exemption.

Section 11-54B-20
Tax exemption.
A nonprofit corporation designated as a district management corporation under this article shall be exempt from the state corporate income tax, corporate franchise tax, and permit fee and from state, county, and municipal sales, use, license, gross receipts, and ad valorem taxes.
(Acts 1994, No. 94-677, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-21 - Contracts for Operation and Management With Other District Management Corporations.

Section 11-54B-21
Contracts for operation and management with other district management corporations.
The board of directors of the district management corporation may contract with other district management corporations to provide for the operation and management of such other district management corporations. In addition, the board of directors of the district management corporation may contract to provide supplemental services outside of the geographical area of the district.
(Act 2007-479, p. 1017, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 1 - General Provisions. › Section 11-54B-22 - Merger of Business Improvement Districts.

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 designate the self-help business improvement district ordinance which shall be applicable to the surviving corporation, provided that the ordinance was applicable to at least one of the corporations prior to the merger.
(e) The self-help business improvement district ordinance which is designated as being applicable to the surviving corporation, upon the issuance of a certificate of merger by the Secretary of State, shall be deemed to be amended to the extent necessary to allow the surviving corporation to serve the geographical area comprising both self-help business improvement districts.
(Act 2007-479, p. 1035, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 54B - Self-Help Business Improvement Districts. › Article 2 - Self-Help Business Improvement Districts in Class 2 Municipalities. › Section 11-54B-40 - Legislative Findings.

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 business, within self-help business improvement districts can assist any Class 2 municipality in promoting economic growth and employment within business districts.
(5) That any Class 2 municipality should be authorized to create self-help business improvement districts and designate a district management corporation to execute self-help programs to improve the local business climate.
(b) The Legislature further finds that it is the public policy of the State of Alabama to permit any Class 2 municipality to protect the public welfare and the interests of the public in the safe effective movement of persons, to encourage healthy economic development, to promote jobs, and to preserve and enhance the function and appearance of business districts located within any Class 2 municipality through the adoption of ordinances as authorized by this article.
(Act 2004-382, p. 626, §1; Act 2019-200, §2.)