Ala. Code § 11-92C-2

Current through the 2024 Regular Session.

Section 11-92C-2 - Definitions

For the purposes of this chapter, the following words have the following meanings:

(1) APPLICANT. A natural person who files a written application with the governing body of any authorizing subdivision in accordance with Section 11-92C-3.

(2) AUTHORITY. Any local redevelopment authority organized pursuant to this chapter.

(3) AUTHORIZING RESOLUTION. A resolution adopted by the governing body of any authorizing subdivision in accordance with Section 11-92C-3, which authorizes the incorporation of the authority.

(4) AUTHORIZING SUBDIVISION. Any county or municipality that has adopted an authorizing resolution.

(5) BOARD. The board of directors of an authority.

(6) BONDS. Any bonds, notes, certificates, or any other form of indebtedness representing an obligation to pay money.

(7) CONTIGUOUS. Two or more tracts of land if touching for a continuous distance of not less than 200 feet. The term shall include tracts of land divided by bodies of water, streets, railroads, or utility rights-of-way, or by land owned by a governmental entity. In determining whether land is contiguous with a U.S. Air Force military installation, either of the following is contiguous:

a. Land that is separated by bodies of water, streets, railroads, or utility rights-of-way shall be deemed to be contiguous even though the bodies of water, streets, railroads, or utility rights-of-way are outside of the geographical area of the applicable U.S. Air Force military installation.

b. Land that is separated by other land that is owned by a governmental entity.

(8) COOPERATIVE DISTRICT. An incorporated capital improvement cooperative district formed in accordance with and for the purposes set forth in Chapter 99B of Article 2 of Title 11.

(9) COUNTY. Any county in the state.

(10) DIRECTOR. A member of the board of an authority.

(11) GOVERNING BODY. With respect to any municipality, its city council or other governing body; with respect to any county, its county commission or other governing body.

(12) INCORPORATORS. The persons forming a public corporation organized pursuant to this chapter.

(13) LOCAL REDEVELOPMENT AREA. Land contiguous with an active U.S. Air Force military installation located and operating within this state, totaling not more than 150 square acres in geographical size, all as set forth in the application required to be filed in accordance with Section 11-92C-3.

(14) MILITARY INSTALLATION. A federal military installation active on March 31, 2020, that is funded in whole or in part by the United States Department of Defense and operated by the U.S. Air Force. The term does not include any and all armories, buildings, target ranges, and other necessary facilities for the proper housing, instruction, training, and administration of all units and headquarters of the National Guard and Naval Militia of Alabama.

(15) MUNICIPALITY. Any incorporated city or town within this state.

(16) PERSON. Unless limited to a natural person by the context in which it is used, the term includes a public or private corporation, a municipality, a county, the state, or an agency, department, or instrumentality of the state, a county, or a municipality.

(17) PRINCIPAL OFFICE. The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of an authority are kept.

(18) PRIVATE USER. A lessee, manager, non-governmental user, or any person relating to the planning, development, construction, operation, management, or maintenance of a project.

(19) PROJECT. Interests in land, buildings, structures, facilities, or other improvements located or to be located within the local redevelopment area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with the land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, entertainment, amusement, commerce, industry, or employment opportunities in the local redevelopment area. The term includes projects in the local redevelopment area for any industrial, commercial, entertainment or amusement, business, office, parking, utility, residential, including, without limitation, homes, apartments, town houses, condominiums, hotels, motels, or assisted living facilities, or other use; provided both of the following are met:

a. Capital expenditures for development of the project within the local redevelopment area equal or exceed twenty-five million dollars ($25,000,000).

b. A majority of the members of the authority determine, by a resolution duly adopted, that the project and use thereof would facilitate the retention, development, or redevelopment of an active U.S. Air Force military installation or the area contiguous to the military installation, as well as further the public purpose of this chapter.

(20) STATE. The State of Alabama.

Ala. Code § 11-92C-2 (1975)

Added by Act 2020-72,§ 2, eff. 3/31/2020.