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.
Structure 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-41 - Definitions.
Section 11-54B-42 - Development and Maintenance of Self-Help Business Improvement Districts.
Section 11-54B-45 - Mailing of Proposed Ordinance and Notice of Hearing.
Section 11-54B-47 - Costs of Supplemental Services.
Section 11-54B-48 - Collection of Special Assessment.
Section 11-54B-49 - Amendment of the Self-Help Business Improvement District Ordinance.
Section 11-54B-50 - District Management Corporation Limits, Powers, and Duties.
Section 11-54B-51 - Annual Budget of the District Management Corporation.
Section 11-54B-52 - Retention of Municipal Police Powers.
Section 11-54B-53 - Eminent Domain Utilization.
Section 11-54B-54 - Furniture, Structure of Facility Not Deemed Nuisance.
Section 11-54B-55 - District Management Corporation Contracts.
Section 11-54B-56 - Operation in Other Designated Project Areas.