§ 45-39A-11.26 — Authorizing Ordinance

Alabama § 45-39A-11.26

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 39A: Lauderdale County Municipalities
• Art. 1: Florence
• Part 2: Parks, Recreation, and Tourism
• Subpart 2: Tourism Improvement Districts

Text

(a) If the city council, following the public hearing, decides to establish or renew a proposed tourism improvement district, the city council shall adopt an authorizing ordinance that shall include, but not be limited to, all of the following:
(1) A brief description of the proposed activities and improvements.
(2) The amount of the proposed benefit assessment. If the assessment is based on a percent of gross business revenue, the rate may not be greater than four percent.
(3) A statement as to the types or classes of businesses that will be subject to the benefit assessment, with the time and manner of the collection of the annual assessment by the city council.
(4) A description of the boundaries of the tourism improvement district, which may be made by reference to any plan or map that is on file with the city council.
(5) The number, date of adoption, and title of the resolution of intention.
(6) The time and place where the public hearing was held concerning the establishment or renewal of the tourism improvement district.
(7) The number of protests that were received.
(8) A statement that the businesses in the tourism improvement district established by the ordinance shall be subject to any amendments to this subpart.
(9) A statement that the activities and improvements to be conferred on businesses in the tourism improvement district will be funded by the proceeds of the benefit assessment.
(10) A statement that the revenue from the benefit assessment collected in the tourism improvement district shall not be used for any purpose other than the purposes specified in the tourism improvement district plan.
(b) The descriptions and statements required by subdivisions (a)(1) through (4) need not be detailed and shall be considered sufficient if they enable an owner to generally identify the nature and extent of the activities and improvements and the location and extent of the tourism improvement district.
(c) The adoption of the authorizing ordinance shall authorize the levy of benefit assessments in each of the years referred to in the tourism improvement district plan.
(d) The city council shall enter into a contract with a business owners’ association to carry out the purposes of the district.
(e)(1) The authorizing ordinance shall take effect 30 days after passage unless written protests are received from more than 50 percent of business owners or their authorized representatives.
(2) Any business owner that will be subject to the proposed benefit assessment may make a protest of the establishment or renewal of a tourism improvement district during the 30-day period after the ordinance is passed and before the ordinance is effective.
(3) The protest shall be in writing, shall be filed with the city council, shall clearly identify the business owned by the individual who filed the protest, and if the individual is not shown in the city records as the owner of the business, the protest shall include documentation that the individual is the owner of the business or the authorized representative.
(4) A written protest that does not comply with this subsection shall not be counted in determining a majority protest, but the city council may waive any irregularity in the form or content of any written protest.
(5) A written protest may be withdrawn in writing at any time before the ordinance’s effective date.
(6) If written protests are received from more than 50 percent of business owners or their authorized representatives, and protests are not withdrawn so as to reduce the protests to 50 percent or less before the ordinance’s effective date, the ordinance establishing or renewing the district will not go into effect and the city shall not levy the assessment.

Legislative History

(Act 2023-282, §7.)