reglab/statecodes huggingface dataset:
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-41 - Definitions.

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 areas within the municipality designated by ordinance as an area or areas in which a special assessment may be levied on businesses of a particular class located within the geographical area of the district for the purposes of providing supplemental services for the benefit of the businesses within the district, in which case the district shall include only those existing and future businesses of the designated class.
(Act 2004-382, p. 626, §2; Act 2019-200, §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-42 - Development and Maintenance of Self-Help Business Improvement Districts.

Section 11-54B-42
Development and maintenance of self-help business improvement districts.
A Class 2 municipality, by ordinance, may 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 by which a Class 2 municipality may create and maintain a self-help business improvement district.
(Act 2004-382, p. 626, §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 2 - Self-Help Business Improvement Districts in Class 2 Municipalities. › Section 11-54B-43 - Findings Required for a Public Hearing on the Adoption of a Self-Help Business Improvement District Ordinance.

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 assessment which will be levied by the municipality on the owners of the real property or, in certain cases, on businesses of a particular class, located within the geographical area of the district to finance the supplemental services described in the plan and that the special assessment is expected to produce revenue which is consistent with the annual budget adopted and approved as provided in this article.
(5) The copies of the articles of incorporation and bylaws of the district management corporation shall satisfy the requirements of Section 11-54B-48.
(6) It is in the best interest of the Class 2 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.
(7) 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.
(Act 2004-382, p. 626, §4; Act 2019-200, §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-45 - Mailing of Proposed Ordinance and Notice of Hearing.

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 district established by ordinance. Alternatively, in the case of a district formed to increase tourism within the municipality, the notices required shall be mailed to the owners of the businesses of the designated class, but the failure of a business owner or business to receive a copy of the notice shall not constitute grounds to contest the validity of a self-help business improvement district established by ordinance.
(Act 2004-382, p. 626, §6; Act 2019-200, §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-46 - Review of Self-Help Business Improvement District Plan and Adoption of Ordinance.

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, file written objections to the establishment of the district with the clerk of the municipality, the provisions of the 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 corporation authorized to provide administrative and other services to the district and authorize the execution of a contract between the municipality and the 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.
(Act 2004-382, p. 626, §7; Act 2019-200, §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-47 - Costs of Supplemental Services.

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 properties or businesses against which the special assessment shall be made to fund the supplemental services. The ordinance shall also provide that property which is a single-family, owner-occupied residential property shall be exempt from the special assessment imposed by the district management corporation to finance the supplemental services provided in the business improvement district. Further, all property of utilities shall be deemed personal property exempt from the special assessment imposed by the district management corporation except for land and retail, storage, and office facilities owned by a utility within the business improvement district.
(b) The 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.
(Act 2004-382, p. 626, §8; Act 2019-200, §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-48 - Collection of Special Assessment.

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.
(2) A prior special assessment.
(3) A prior recorded mortgage, deed of trust, or similar security instrument.
(b) Other than foreclosures for state, county, or municipal taxes, a prior special assessment, or a prior recorded mortgage, deed of trust, or similar security instrument, the lien for the special assessment shall not be defeated or postponed by any private or judicial sale, or by any mortgage, deed of trust, or similar security instrument recorded subsequent to the date of final adoption by the municipality of the self-help business improvement district ordinance. No error in the proceeding of the governing body of the municipality or of the board of directors of the district management corporation shall exempt any real property from the lien or from payment thereof.
(Act 2004-382, p. 626, §9; Act 2019-200, §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-51 - Annual Budget of the District Management Corporation.

Section 11-54B-51
Annual budget of the 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, which may include voluntary donations. The budget shall explain how it 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 for passing a budget shall be as follows:
(1) Introduction and preliminary approval of the budget.
(2) Public advertising of the budget.
(3) Public hearing relating to the budget.
(4) Amendments to the budget and public hearings relating to those amendments.
(5) Adoption of the budget.
(6) No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein have been given an opportunity to present objections.
(c) The board of directors may amend the budget during or after the public hearing.
(d) No amendment to the budget by the board of directors shall be effective until taxpayers and all persons having an interest therein have been granted a public hearing thereon, if the amendment does or provides for any of the following:
(1) Adds a new item in an amount in excess of 10 percent of the total amount as stated in the approved budget.
(2) Increases or decreases any item within the budget by more than 10 percent of the amount stated in the approved budget for the item.
(3) Increases the amount needed to be raised by special assessment by more than 10 percent of the total special assessment revenues stated in the approved budget.
(Act 2004-382, p. 626, §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 2 - Self-Help Business Improvement Districts in Class 2 Municipalities. › Section 11-54B-52 - Retention of Municipal Police Powers.

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.)
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-53 - Eminent Domain Utilization.

Section 11-54B-53
Eminent domain utilization.
No self-help business improvement district or district management corporation shall have the power of eminent domain.
(Act 2004-382, p. 626, §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 2 - Self-Help Business Improvement Districts in Class 2 Municipalities. › Section 11-54B-54 - Furniture, Structure of Facility Not Deemed Nuisance.

Section 11-54B-54
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 location or use, be deemed a nuisance or unlawful obstruction or condition, notwithstanding any rule or regulation or principle of 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 the furniture, structure, facility, or use shall be negligently constructed, maintained, or operated.
(Act 2004-382, p. 626, §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 2 - Self-Help Business Improvement Districts in Class 2 Municipalities. › Section 11-54B-55 - District Management Corporation Contracts.

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.)
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-56 - Operation in Other Designated Project Areas.

Section 11-54B-56
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 any enterprise zone 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.
(Act 2004-382, p. 626, §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 2 - Self-Help Business Improvement Districts in Class 2 Municipalities. › Section 11-54B-57 - Annual Reports and Audits.

Section 11-54B-57
Annual reports and audits.
(a) Within 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.
(1) Each annual report shall include, at a minimum:
a. A financial statement for the preceding year, including a balance sheet, statement of income and loss, and such other information as is reasonably necessary to reflect the district management corporation's actual performance, certified by the treasurer of the corporation.
b. The budget for the current fiscal year.
c. In the case of a district funded by assessments against businesses of a particular class, a list of the businesses of the designated class that are currently operating within the district.
(2) A copy of each annual report shall be sent to the mayor, the city council, and to all property owners, or in the case of districts funded by assessments against businesses of a particular class, business owners of the self-help business improvement district, in each case by first class mail or by personal delivery.
(b) Within 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 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.
(Act 2004-382, p. 626, §18; Act 2019-200, §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-58 - Sunset Provision.

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 to the continuation of the district is signed by non-exempt real property owners representing 60 percent of the total fair market value of all real property located within the district and the owners of at least 50 per cent of the parcels of real property located within the district; or, alternatively with respect to a district funded by assessments against businesses of a particular class, signed by owners of businesses consistent with the signatures required under subdivision (2) of Section 11-54B-44, the district shall be terminated as of the end of the fiscal year next following the hearing.
(Act 2004-382, p. 626, §19; Act 2019-200, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-1 - Definitions.

Section 11-55-1
Definitions.
Wherever used in this chapter, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:
(1) MUNICIPALITY. Any incorporated city or town in the State of Alabama.
(2) PROJECT. Any land and any building or other improvements thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the United States government for a post office in the municipality.
(3) GOVERNING BODY. The board or body in which the legislative powers of the municipality are vested.
(4) MORTGAGE. A mortgage or a mortgage and deed of trust.
(Acts 1955, No. 491, p. 1107, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-2 - Powers of Municipalities Generally as to Acquisition and Leasing of Projects for Post Offices and Issuance of Bonds Therefor.

Section 11-55-2
Powers of municipalities generally as to acquisition and leasing of projects for post offices and issuance of bonds therefor.
In addition to any other powers which it may now have, any municipality in this state may hereafter acquire, whether by purchase, construction, or gift, a project, as defined in Section 11-55-1, located within the corporate limits, may lease such project to the United States government for such rental and upon such terms and conditions as the governing body may deem advisable and as shall not conflict with the provisions of this chapter and may issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, enlarging, and maintaining such project.
(Acts 1955, No. 491, p. 1107, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-3 - Bonds - Form, Terms, Denominations, etc.; Execution, Sale, Delivery, Redemption, Etc.

Section 11-55-3
Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.
All bonds issued by a municipality under authority of this chapter shall be limited obligations of the municipality, the principal of and interest on which shall be payable solely out of the revenues derived from the leasing of the project to finance which the bonds are issued. Bonds and interest coupons issued under authority of this chapter shall never constitute an indebtedness of the municipality within the meaning of any state constitutional provisions or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers, and such fact shall be plainly stated in the face of each such bond.
Such bonds may be executed and delivered at any time and from time to time, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times, not exceeding 30 years from their date, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner and may contain such provisions not inconsistent with this chapter as shall be provided in the proceedings of the governing body whereunder the bonds shall be authorized to be issued.
The bonds issued under this chapter shall be subject to the general provisions of law, presently existing or that may hereafter be enacted, respecting the execution and delivery of the bonds of a municipality and respecting the retaining of options of redemption in proceedings authorizing the issuance of municipal securities. Any bonds issued under the authority of this chapter may be sold at public or private sale in such manner and from time to time as may be determined by the governing body to be most advantageous, and the municipality may pay all expenses, premiums and commissions which the governing body may deem necessary or advantageous in connection with the authorization, sale and issuance thereof.
All bonds issued under the authority of this chapter and all interest coupons applicable thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.
(Acts 1955, No. 491, p. 1107, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-4 - Bonds - Security for Payment of Principal and Interest.

Section 11-55-4
Bonds - Security for payment of principal and interest.
The principal of and interest on any bonds issued under the authority of this chapter shall be secured by a pledge of the revenues out of which such bonds shall be made payable, may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived and may be secured by a pledge of the lease of such project.
The proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of rents for any project covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project, the maintenance and issuance of such project, the creation and maintenance of special funds from the revenues from such project and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage as the governing body shall deem advisable and as shall not be in conflict with the provisions of this chapter; provided, however, that in making any such agreements or provisions a municipality shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.
The proceedings authorizing any bonds under this chapter and any mortgage securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the project in accordance with such proceedings or the provisions of such mortgage. Any such mortgage may provide also that, in the event of default in such payment or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed either by sale at public outcry or by civil action and may provide that any trustee under such mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. No breach of any such agreement shall impose any pecuniary liability upon a municipality or any charge upon its general credit or against its taxing powers.
(Acts 1955, No. 491, p. 1107, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-5 - Bonds - Disposition of Proceeds From Sale.

Section 11-55-5
Bonds - Disposition of proceeds from sale.
(a) The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued; provided, however, that any accrued interest and premium received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; provided further, that if for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds.
(b) The cost of acquiring any project, which shall be paid from the proceeds derived from the sale of bonds, shall be deemed to include the following:
(1) The actual cost of the construction of any part of a project which may be constructed, including architect's and engineer's fees;
(2) The purchase price of any part of a project that may be acquired by purchase;
(3) All expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and
(4) The interest on such bonds for a reasonable time prior to construction, during construction and for a period not exceeding six months after completion of construction.
(Acts 1955, No. 491, p. 1107, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-6 - Refunding Bonds.

Section 11-55-6
Refunding bonds.
Any bonds issued under this chapter and at any time outstanding may at any time and from time to time be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith.
Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption.
Any refunding bonds issued under the authority of this chapter shall be payable solely from the revenues out of which the bonds to be refunded thereby were payable and shall be subject to the provisions contained in Section 11-55-3 and may be secured in accordance with the provisions of Section 11-55-4.
(Acts 1955, No. 491, p. 1107, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-7 - Notice To, Approval or Consent of Governmental Body, etc., Not to Be Required for Sale or Issuance of Bonds or Execution of Mortgages.

Section 11-55-7
Notice to, approval or consent of governmental body, etc., not to be required for sale or issuance of bonds or execution of mortgages.
No notice to or consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of this chapter.
(Acts 1955, No. 491, p. 1107, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-8 - Investment in Bonds by Savings Banks and Insurance Companies.

Section 11-55-8
Investment in bonds by savings banks and insurance companies.
Bonds issued under the provisions of this chapter shall be legal investments for savings banks and insurance companies organized under the laws of this state.
(Acts 1955, No. 491, p. 1107, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-9 - Contribution by Municipalities to Costs of Acquisition of Projects or Use of Municipal Lands Therefor; Acceptance of Donations of Property or Money for Projects.

Section 11-55-9
Contribution by municipalities to costs of acquisition of projects or use of municipal lands therefor; acceptance of donations of property or money for projects.
A municipality may pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and may use land already owned by the municipality, or in which the municipality has an equity for construction thereon of a project, and the municipality may accept donations of property to be used as a part of any project and money to be used for defraying any part of the cost of any project.
(Acts 1955, No. 491, p. 1107, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-10 - Requirements as to Leases of Projects.

Section 11-55-10
Requirements as to leases of projects.
(a) Prior to the leasing of any project, the governing body must determine and find the following:
(1) The amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance such project;
(2) The amount necessary to be paid each year into any reserve funds which the governing body may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project; and
(3) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased provide that the lessee shall maintain the project and carry all proper insurance with respect thereto.
(b) The determinations and findings of the governing body required to be made by subsection (a) of this section shall be set forth in the proceedings under which the proposed bonds are to be issued; and, prior to the issuance of such bonds, the municipality shall lease the project to a lessee under an agreement conditioned upon completion of the project and providing for payment to the municipality of such rentals as upon the basis of such determinations and findings will be sufficient:
(1) To pay the principal of and interest on the bonds issued to finance the project;
(2) To build up and maintain any reserves deemed by the governing body to be advisable in connection therewith; and
(3) To pay the costs of maintaining the project in good repair and keeping it properly insured, unless the agreement of lease obligates the lessee to pay for the maintenance and insurance of the project.
(Acts 1955, No. 491, p. 1107, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-11 - Exemption From Taxation of Projects, Bonds, Etc.

Section 11-55-11
Exemption from taxation of projects, bonds, etc.
The bonds authorized by this chapter and the income therefrom, all mortgages executed as security therefor, all lease agreements made pursuant to the provisions of this chapter and all projects and the revenues derived from any lease thereof shall be exempt from all taxation in the State of Alabama.
(Acts 1955, No. 491, p. 1107, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-12 - Construction of Chapter.

Section 11-55-12
Construction of chapter.
Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which a municipality might otherwise have under any laws of this state, but shall be construed as cumulative, and this chapter shall not be construed as requiring an election by the voters of a municipality prior to the issuance of bonds under this chapter by such municipality.
(Acts 1955, No. 491, p. 1107, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 55 - Post-Office Projects. › Section 11-55-13 - Authority of Cities or Towns to Acquire, etc., and Lease Facilities to United States Postal Service; Issuance of Bonds, etc., to Finance Acquisitions.

Section 11-55-13
Authority of cities or towns to acquire, etc., and lease facilities to United States Postal Service; issuance of bonds, etc., to finance acquisitions.
Any city or town in this state
(1) May acquire (by construction, purchase or otherwise), improve and equip land, buildings and other facilities for use by the United States Postal Service;
(2) May lease any such land, buildings or facilities to the United States Postal Service on such terms and conditions as shall be mutually agreeable to such city or town and the United States Postal Service;
(3) May borrow money for the purpose of financing the costs of any such acquisition, improvement and equipment;
(4) May issue, in evidence of such borrowing, bonds, warrants, notes or other securities (which such bonds, warrants, notes or other securities shall mature and come due not later than 30 years from their date but shall otherwise be issued in accordance with, and shall be subject to, applicable provisions of law);
(5) May borrow money and issue bonds, warrants, notes or other securities for the combined purpose of financing the costs of any such acquisition, improvement and equipment (or of refunding any bonds, warrants, notes or other securities theretofore issued therefor) and for any other lawful purpose or purposes; and
(6) May pledge for the payment of any such bonds, warrants, notes or other securities any taxes, licenses or revenues that it is authorized by law to pledge for the payment of bonded or other indebtedness.
(Acts 1984, No. 84-316, p. 734.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 56 - Public Building Authorities. › Section 11-56-1 - Definitions.

Section 11-56-1
Definitions.
The following words and phrases, whenever used in this chapter, shall, in the absence of clear implication otherwise, have the following respective meanings:
(1) CORPORATION OR THE CORPORATION. A corporation organized pursuant to the provisions of this chapter.
(2) BOARD. The board of directors of the corporation.
(3) THE STATE. The State of Alabama.
(4) THE MUNICIPALITY. That incorporated city or town in the state which authorized the organization of the corporation.
(5) THE COUNTY. That county in which the certificate of incorporation of the corporation shall be filed for record.
(6) LOCAL SUBDIVISION. The municipality or the county.
(7) PUBLIC CORPORATION.
a. Any public corporation (other than a corporation organized under this chapter) now or hereafter organized or created in the state pursuant to the authorization or determination by the municipality, by the municipality and one or more other cities and towns in the state, by the county, by the county and one or more counties in this state, or by the governing body of any thereof, and
b. The board of education of the municipality or of the county.
(8) UNITED STATES. The United States of America or any of its agencies or instrumentalities.
(9) GOVERNING BODY. The council, board of commissioners, or other like body in which the legislative functions of the municipality are vested by law.
(10) PROJECT. A building or buildings located or to be located in the municipality or in its police jurisdiction and designed for use and occupancy as a courthouse, jail, city or town hall, auditorium, music hall, art gallery, art center, museum, municipal building, or post office or for the supplying of office, warehousing, storage, or related facilities for officers and departments of the municipality, the county, any public corporation, any public utility subject to regulation by the Public Service Commission, any agencies for which the municipality, the county or any public corporation may lawfully furnish office, warehousing, storage, or related facilities and the United States, or any one or more thereof, together with any lands deemed by the board to be desirable in connection therewith.
(11) BOND. Any bond authorized to be issued pursuant to the provisions of this chapter, including refunding bonds.
(12) COUPON. Any interest coupon evidencing an installment of interest payable with respect to a bond.
(13) INDENTURE. A mortgage, an indenture of mortgage, deed of trust, trust agreement, or trust indenture executed by the corporation as security for any bonds.
(Acts 1955, No. 493, p. 1116, §1; Acts 1956, 1st Ex. Sess., No. 127, p. 182, §1; Acts 1963, No. 538, p. 1156; Acts 1965, 2nd Ex. Sess., No. 109, p. 148.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 56 - Public Building Authorities. › Section 11-56-2 - Legislative Intent; Construction of Chapter Generally.

Section 11-56-2
Legislative intent; construction of chapter generally.
(a) It is the intention of the Legislature by the passage of this chapter to empower each incorporated city and town in the state to authorize the incorporation of one or more corporations as political subdivisions of the state for the purpose of providing buildings and facilities for lease to and use by the municipality, the county, or any public corporation in the performance of their respective public functions or for lease to and use by the United States, and to invest each corporation organized under this chapter with all powers that may be necessary to enable it to accomplish such purchase, including the power to lease its properties and to issue interest-bearing revenue bonds.
(b) This chapter shall be liberally construed in conformity with the said intent.
(Acts 1955, No. 493, p. 1116, §2; Acts 1956, 1st Ex. Sess., No. 127, p. 182, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 56 - Public Building Authorities. › Section 11-56-3 - Application for Authority to Form Corporation; Adoption of Resolution by Governing Body Authorizing Incorporation; Procedure for Incorporation Generally.

Section 11-56-3
Application for authority to form corporation; adoption of resolution by governing body authorizing incorporation; procedure for incorporation generally.
Whenever any number of natural persons, not less than three, shall file with the governing body an application in writing for authority to incorporate a corporation under the provisions of this chapter, if it shall be made to appear to the governing body that each of the said persons is a duly qualified elector of and property owner in the municipality, and, if the governing body shall duly adopt a resolution wherein it shall be declared that it will be wise, expedient, and necessary that such a corporation be formed and that the persons filing such application shall be authorized to proceed to form such corporation, then the said persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this chapter.
No corporation shall be formed under this chapter unless the application provided for in this section shall be made and unless the resolution provided for in this section shall be adopted.
(Acts 1955, No. 493, p. 1116, §3.)