Ala. Code § 11-99-2

Current through the 2024 Regular Session.

Section 11-99-2 - Definitions

As used in this chapter, the following terms shall have the following meanings:

(1) BLIGHTED OR ECONOMICALLY DISTRESSED AREA. Any of the following:

a. Any area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; or the existence of conditions that endanger life or property by fire and other causes; or any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and are detrimental to the public health, safety, morals, or welfare.

b. Any area that by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership; tax or special assessment delinquencies exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions that endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound economic growth of an area, hinders the provision of housing accommodations, or constitutes an economic or social liability and is a detriment to the public health, safety, morals, or welfare in its present condition and use.

c. Any area that is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound economic growth of an area.

d. Any area that the local governing body:

(i) Determines is in need of redevelopment, rehabilitation, or revitalization to provide for the economic growth and development of the area, or

(ii) certifies is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, tornado, earthquake, storm, or other catastrophe which the Governor of the state has certified the need for disaster assistance under federal law.

e. Any area containing excessive vacant land on which structures were previously located; on which are located abandoned or vacant buildings or old buildings; where excessive vacancies exist in existing buildings; which contains substandard structures; or with respect to which there exist delinquencies in payment of real property taxes.

(2) DEFERRED TAX RECIPIENT. Each taxing authority that receives ad valorem taxes with respect to property located in a proposed tax increment district.

(3) ENHANCED USE LEASE AREA. Any area of a military installation which contains underutilized real or personal property, or both, that is leased by a secretary of a military department to a lessee pursuant to the authority provided in Title 10 U.S.C. § 2667.

(4) LOCAL FINANCE OFFICER. The legally authorized officer or agent responsible for receipt and disbursement of the revenues of a taxing authority.

(5) LOCAL GOVERNING BODY. The governing body of a county or municipality which proposes to create or has created a tax increment district.

(6) MAJOR 21ST CENTURY MANUFACTURING ZONE. Any area aggregating not less than 250 contiguous acres of real property determined by a local governing body to meet all of the following criteria:

a. Is located, in whole or part, within its boundaries or corporate limits.

b. Is suitable for the site of an automotive, automotive-industry related, aviation, aviation-industry related, medical, pharmaceutical, semiconductor, computer, electronics, energy conservation, cyber technology, or biomedical industry manufacturing facility or facilities.

c. Is an area within which not less than one hundred million dollars ($100,000,000) of capital expenditure in connection with the establishment, expansion, construction, equipping, development, rehabilitation, or redevelopment of the facility or facilities is anticipated to be made based upon representations and information provided by the anticipated user or users of the facility or facilities and other information as the local governing body shall have available to it and deems appropriate.

(7) MUNICIPALITY. Any incorporated municipality in this state.

(8) PROJECT. Undertakings and activities of a public entity in a tax increment district for any one or more of the following:

a. As determined by the local governing body, the elimination and prevention of the development or spread of blight in, or the redevelopment or revitalization of, a blighted or economically distressed area, including, but not limited to, property acquisition, property clearance, development, preservation, redevelopment, rehabilitation, renovation, or conservation, or a combination or part thereof, in accordance with a project plan.

b. The utilization of underutilized real or personal property, or both, in an enhanced use lease area, including, but not limited to, property acquisition, property clearance, development, redevelopment, rehabilitation, or conservation, or a combination or part thereof, in accordance with a project plan.

c. The utilization of underutilized real property in an area determined by a local governing body to be a Major 21st Century Manufacturing Zone, including, but not limited to, property acquisition; property clearance; development, including, without limitation, public infrastructure improvements and any other improvements for the construction and equipping of automotive, automotive-industry related, aviation, aviation-industry related, medical, pharmaceutical, semiconductor, computer, electronics, energy conservation, cyber technology, or biomedical industry manufacturing facilities; or the redevelopment, rehabilitation, or conservation, or a combination or part thereof, in accordance with a project plan.

(9) PROJECT COSTS. Any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by a public entity, which in the case of expenditures for or within a Major 21st Century Manufacturing Zone may be incurred directly by the public entity or by a private entity with funds granted by, or otherwise made available from, a public entity, which are listed in a project plan as costs of public works or improvements or, in the case of improvements within a Major 21st Century Manufacturing Zone, public works or improvements or private improvements, within a tax increment district, plus any costs incidental thereto, diminished by any special assessments, received or reasonably expected to be received by the public entity in connection with the implementation of the project plan. Project costs include, but are not limited to, all of the following:

a. Capital costs, including the costs of the acquisition, installation, or construction of public works or improvements, new buildings, facilities or improvements, structures, and fixtures, the preservation and renovation of properties of historic significance and facades of properties, the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, facilities, and fixtures, the improvement, maintenance, repair, renovation, and replacement of property pursuant to a project plan, the acquisition of equipment, the acquisition, clearing, and grading of land, environmental remediation of real property, and the acquisition of interests in land.

b. Financing costs, including all interest paid to holders of tax increment obligations during the period of implementation of the project plan, the costs of any form of credit enhancement, printing and trustee costs, and any premium paid in excess of the principal amount thereof because of the redemption of the obligations prior to maturity.

c. Real property assembly costs, meaning any deficit resulting from the sale or lease as lessor by the public entity of real or personal property within a tax increment district for consideration which is less than its cost to the public entity.

d. Professional service costs, including those costs incurred for architectural, planning, engineering, fiscal, underwriting, legal advice and services, and consulting and management services.

e. Imputed administrative costs, including reasonable charges for the time spent by officers and employees of the public entity in connection with the implementation of a project plan.

f. Relocation costs, including those relocation payments made following condemnation under Chapter 1A of Title 18.

g. Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of tax increment districts and the implementation of project plans.

h. The amount of any contributions made in connection with the implementation of the project plan that are within limits prescribed by law.

i. Payments made, at the discretion of the local governing body, which are to be necessary or convenient to the creation of tax increment districts or the implementation and management of project plans.

j. For purposes of any tax increment district in which not less than 50 percent, by area, of the real property within the tax increment district is an enhanced use lease area, all costs described in this subdivision which are expended by a public entity or a developer within three years immediately preceding the date of the creation of the tax increment district.

(10) PROJECT PLAN. The properly approved plan by the public entity creating a tax increment district for the development, redevelopment, or revitalization of a tax increment district, including all properly approved amendments thereto.

(11) PUBLIC ENTITY. Any municipality or county in the state.

(12) TAX INCREMENT. That amount obtained by multiplying the total revenue derived from ad valorem taxes levied by all local taxing authorities on all taxable property within a tax increment district in any tax year by a fraction having a numerator equal to that tax year's market value of all taxable property in the district minus the tax increment base and a denominator equal to that tax year's equalized value of all taxable property in the district. In any tax year, a tax increment is positive if the tax increment base is less than the aggregate value of taxable property as equalized by the Department of Revenue; it is negative if the base exceeds that value.

(13) TAX INCREMENT BASE. The aggregate value, as equalized by the Department of Revenue, of all taxable property located within a tax increment district on the date the district is created, determined as provided in Section 11-99-5.

(14) TAX INCREMENT DISTRICT. A contiguous geographic area within the boundaries of a public entity defined and created by resolution of the local governing body.

(15) TAX INCREMENT FUND. A fund into which all tax increments not retained by a taxing authority as provided by Section 11-99-10(a) are paid, and from which money is disbursed to satisfy claims of holders of tax increment obligations issued for the tax increment district.

(16) TAX INCREMENT OBLIGATIONS. Bonds, warrants, notes, or other evidences of indebtedness issued by a public entity to fund all or any project costs.

(17) TAXABLE PROPERTY. All real and personal property located in a tax increment district which is subject to ad valorem taxation on the date of adoption of the resolution creating the tax increment district.

(18) TAXING AUTHORITY.

a. For tax increment districts in which not less than 50 percent, by area, of the real property within the tax increment district is a blighted or economically distressed area, the term means any municipality, county, or other taxing authority which has the power to levy taxes on property within the tax increment districts.

b. For tax increment districts in which not less than 50 percent, by area, of the real property within the tax increment district is an enhanced use lease area, the term means the state or any municipality, county, or other taxing authority that has the power to levy taxes on property within the tax increment district.

c. For tax increment districts in which not less than 50 percent, by area, of the real property within the tax increment district is a Major 21st Century Manufacturing Zone, the term means the state or any municipality, county, or other taxing authority that has the power to levy taxes on property within the tax increment district.

Ala. Code § 11-99-2 (1975)

Amended by Act 2022-422,§ 1, eff. 4/14/2022.

Amended by Act 2013-424,§ 2, eff. 5/23/2013.

Amended by Act 2013-424,§ 1, eff. 5/23/2013.

Amended by Act 2013-51,§ 3, eff. 3/6/2013.

Acts 1987, No. 87-824, p. 1660, §2; Act 2010-184, p. 262, § 3.