§ 11-54B-11 — District Management Corporation Limits, Powers, and Duties

Alabama § 11-54B-11

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 54B: Self-Help Business Improvement Districts
• Art. 1: General Provisions

Text

(a) District management corporations shall be incorporated under the Alabama Nonprofit Corporation Act (Chapter 3A of Title 10) and shall exercise their powers in a manner consistent with such act.
(b) To qualify for designation by ordinance to manage a self-help business improvement district, the articles of incorporation of a proposed district management corporation must provide the following:
(1) That the property, business, and affairs of the corporation shall be managed by a board of directors.
(2) The names and addresses of the initial members of the board of directors.
(3) That the initial members of the board shall be divided into three groups which are as equal in number as is possible, that such groups will serve for initial terms of one (1), two (2) and three (3) years respectively, and that all directors thereafter elected by the board of directors shall serve for a term of three (3) years.
(4) That the members of the board of directors elected after the expiration of the initial terms set forth in subsection (3) above will be elected by the existing members of the board of directors.
(5) That all members of the board of directors must own real property which is located in the geographical area of the district or be a designated representative of an owner of such property, and that in order to provide representation on the board of directors to the small business owners located within the geographical area of the district, at least one-third ( 1/3 ) of the members of the board of directors shall own or represent an owner of a tract of real property in the district with a fair market value which is in the lower one-third ( 1/3 ) of the fair market values of all real property in the district.
(6) That no funds received by the corporation from assessments on such property shall be expended except in accordance with the budget adopted or amended under the provisions of this chapter.
(7) That vacancies on the board of directors resulting from death, resignation, or removal, shall be filled by the remaining members of the board of directors of the district management corporation for the unexpired portion of the term.
(8) That at least once every six (6) months after designation, the corporation shall hold public meetings appropriately advertised in the district, at a place convenient to persons concerned with the operation of the district, and shall receive written suggestions from businesses in the district at any time.
(9) That municipal representatives designated by the mayor and by the governing body of the municipality shall be authorized to attend and participate in regular and called meetings of the board of directors of the district management corporation, but shall not vote on any matters considered by directors.
(10) That no amendment to the articles of incorporation or any by-laws shall be effective unless approved by the board of directors of the district management corporation.
(11) That directors shall receive no compensation for service as directors, but shall be entitled to receive reimbursement for expenses actually incurred in the performance of their duties approved by the board.
(12) That upon dissolution, or upon any withdrawal of the designation as the district management corporation, all interests and title to funds held by or for the corporation, and all property of the corporation shall be transferred and assigned to (1) a successor district management corporation, or (2) if no such successor district management corporation exists, the municipality for use in funding such programs as the board of directors of the district management corporation shall direct and designate.
(c) The district management corporation shall have all powers necessary to implement its purposes, including, but not limited to, the power to:
(1) Adopt by-laws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties;
(2) Employ such persons as may be required, and fix and pay their compensation from funds available to the corporation;
(3) Apply for, accept, administer, and comply with the requirements respecting an appropriation of funds or a gift, grant, or donation of property or money;
(4) Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency, or other entity;
(5) Administer and manage its own funds and accounts and pay its own obligations;
(6) Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods;
(7) Enforce the conditions of any loan, grant, sale, or lease made by the corporation;
(8) Provide security, sanitation, and other services to the district supplemental to those provided normally by the municipality;
(9) Publicize the district and the businesses included within the district boundaries;
(10) Recruit new businesses to fill vacancies in the district;
(11) Organize special events in the district;
(12) Provide special parking arrangements for the district;
(13) Participate in other governmental programs for which qualified included in its approved plan; and
(14) Undertake such other activities or initiatives within the district as the board of directors of the district management corporation deems appropriate.

Legislative History

(Acts 1994, No. 94-677, §11.)