Section 11-54B-88 - Modification of district plan; procedure(a) The board of directors of the district management corporation may adopt a resolution recommending to the governing body of the municipality a modification of the district plan at a regular board meeting by one of the following methods: (1) By agreement of the board of directors.(2) Upon written request made to the board of directors by, in the case of a district formed to promote economic growth, the signatures of owners of real property consistent with the signatures required under Section 11-54B-84(1) or, in the case of a district formed to increase tourism, the signatures of owners of businesses in a particular class required under Section 11-54B-84(1).(b) The resolution of the board of directors of the district management corporation pursuant to subsection (a) shall include a request to the governing body of the municipality to approve the proposed modification to the district plan and shall be transmitted to the governing body for consideration at a public hearing.(c)(1) At least 20 days prior to the date set for a public hearing on the proposed modification of the self-help business improvement district ordinance, notice of the date, time, and place of the hearing shall be mailed to all district members.(2) A copy of the notice shall be posted in at least three public places located within the district and on the websites of the municipality and the district.(3) At the hearing, the municipality may approve the proposed modification to the district plan by adopting an ordinance reflecting the modification if the governing body finds that it is consistent with Section 11-54B-83.(4) A district member may not contest the validity of the modification of the district plan established by ordinance on the grounds that he or she did not receive a copy of the hearing notice.(d)(1) The governing body of the municipality may modify the ordinance approving the district in the case of a district formed to promote economic growth, to either enlarge or reduce the area of the district following submission of a resolution by the board of directors requesting the enlargement or reduction of the district.(2)a. Where a request for expansion is sought under this subsection, the request shall contain the signatures of the owners of real property located in the area to be added to the district consistent with the signatures required under Section 11-54B-84(1).b. The county property tax records of the assessor or the revenue commissioner shall determine ownership of the property and the fair market value.c. When record title to real property is vested in a public corporation or authority under a bond financing plan provided for by law, the beneficial user of the real property in which title may ultimately be vested by purchase shall be deemed to be the owner of the real property.(3) A resolution by the board of directors requesting expansion or reduction of the district area shall include an accurate description of the area that is the subject of the expansion or reduction, whether by metes and bounds, by lot and block numbers, or by street addresses, with the district plan as modified, and accompanied with a map of the resulting district if the expansion or reduction is approved.(4)a. At least 20 days prior to the date set for a public hearing on the proposed expansion or reduction, notice of the date, time, and place of the hearing, together with a description of the area which is the subject of the expansion or reduction, shall be mailed to all owners of real property located within the area who are the subject of the reduction or all prospective owners of real property in the area who are the subject of the expansion at the address listed in the county property tax assessment records.b. A copy of the notice shall be posted in at least three public places located within the area that is the subject of the reduction or expansion and on the websites of the municipality and the district.c. An owner of real property may not contest the validity of the reduction or expansion of the district on the grounds that he or she did not received a copy of the notice.(5) The municipality, upon review of the request for the expansion or reduction of the self-help business improvement district and after public hearing, by ordinance, may expand or reduce the self-help business improvement district as modified which shall include all of the following: a. An effective date that is 30 days after the date of adoption of the ordinance by the municipality.b. Provide that the modification in the district area is consistent with 11-54B-83.c. Provide that the contract between the municipality and the district management corporation setting out the services to be respectively provided by the district and the municipality shall be amended to provide that the same level of services provided by the municipality shall continue as before the expansion or reduction of the area comprising the self-help business improvement district.Ala. Code § 11-54B-88 (1975)
Added by Act 2023-253,§ 1, eff. 8/1/2023.