(a) Each assessment shall constitute a lien on the property assessed in the amount of the assessment with respect to that parcel of land, as provided in the final assessment, forecloseable as provided in this chapter. The assessment shall be payable either within 30 days after the final assessment or over such term as may be determined by the board. If the assessment is to be paid over a term, the assessment shall accrue interest and be payable periodically, monthly, quarterly, semiannually, annually, or as otherwise provided by the board, with interest at a rate as may be considered reasonable by the board. In particular, the assessment may bear interest at the same rate or yield borne by the bonds issued to obtain funds to acquire, construct, or install the improvements, but interest may be at a higher rate in the discretion of the board. Once the amount of a final assessment allocated with respect to a tract is paid in full, with all interest and penalties and costs of collection, if any, such tract shall be released from the lien of the assessment.
(b) The proceedings by which an assessment is levied may provide for an increased interest rate with respect to any interest accruing on any payment after the due date thereof.
(c) In its proceedings, the board may specify that assessments may be prepaid at any time or circumstance. The board may specify that assessments be prepaid upon the sale of the tract of land, or a portion thereof, being assessed. If the obligation to pay is accelerated, the assessment shall include all principal of the assessment then unpaid, plus interest until the next date provided for the payment of principal on any bonds secured by a pledge of the assessments, unless otherwise provided in the proceedings pursuant to which the bonds are issued.
(d) Unless otherwise provided in the proceedings of the board with respect to the assessment, any assessment may be voluntarily prepaid by the owner of the land assessed. In that case, the amount prepaid shall be applied first to interest until the first following date on which principal may be paid under the bond, and then to principal. However, if provided in the proceedings of the board with respect to the assessment, prepayments, whether voluntary or mandatory, the amount prepaid may be applied only to interest accrued to the date of the prepayment, and then to principal.
(e) Alternatively, the proceedings of the board with respect to the assessment may provide that prepayment shall be applied first to accrued interest, and then to the difference between: (1) interest that will accrue from the date of prepayment until the next principal payment on the bonds, and (2) the rate of interest at which the principal paid may be invested by the board to earn interest from the date of prepayment until the principal payment date, with any remaining balance to be applied to principal.
(f) The proceedings of the board with respect to the assessment may provide that any mandatory prepayment may be waived by the board on the terms as may be provided in a proceeding.
(g) If bonds are issued with respect to the final assessment, the assessments shall either (1) total the principal amount of the bonds to be issued with respect to the assessments or (2) total such principal amount multiplied by a coverage ratio (e.g., 1.2 to 1) providing debt service coverage for the bonds in the ratio desired by the board.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 3 - Provisions Applicable to Counties and Municipal Corporations.
Chapter 99A - Alabama Improvement Districts.
Section 11-99A-2 - Definitions.
Section 11-99A-3 - Conduct of Hearings.
Section 11-99A-4 - Establishment of Districts.
Section 11-99A-5 - Validity of Petition to Form or Amend District.
Section 11-99A-6 - Powers of a District.
Section 11-99A-8 - Internal Operations of a District.
Section 11-99A-9 - Appointment of Board Members.
Section 11-99A-10 - Annexation Incidental to Formation of District.
Section 11-99A-11 - Assessment of District Land.
Section 11-99A-12 - Contracting for Improvements.
Section 11-99A-13 - Final Assessment.
Section 11-99A-14 - Payment of Assessments.
Section 11-99A-15 - Issuance of Bonds by Districts; Terms and Assessments.
Section 11-99A-16 - Exemptions of District - Usury and Interest Laws.
Section 11-99A-17 - Pledge of Assessments.
Section 11-99A-18 - Refundings.
Section 11-99A-19 - Excess Funds.
Section 11-99A-20 - Exemption From Taxation.
Section 11-99A-21 - Failure to Pay Assessments.
Section 11-99A-22 - Amendments of District.
Section 11-99A-23 - Conduct of Elections.
Section 11-99A-24 - Dispute as to Ownership.
Section 11-99A-25 - Failure to Provide Notice.
Section 11-99A-26 - Multiple Assessments.
Section 11-99A-27 - Dissolution and Liquidation.
Section 11-99A-28 - Reimbursement of Appointing Government Costs.
Section 11-99A-29 - Resolutions Not Permanent.
Section 11-99A-30 - Methods of Allocating Assessments.
Section 11-99A-31 - Recordation of Notice of Lien.
Section 11-99A-32 - Apportionment of Liens.
Section 11-99A-33 - Non-Effect of Errors.
Section 11-99A-34 - Irregularly Shaped Lots.
Section 11-99A-35 - Enjoining of Assessments.
Section 11-99A-36 - Pledge of Assessments to Bonds.
Section 11-99A-37 - Appropriations by Public Persons.
Section 11-99A-38 - Merger of Improvement Districts.
Section 11-99A-39 - Feasibility as a Condition.
Section 11-99A-40 - Land Owned by Public Persons.
Section 11-99A-41 - Use of Improvements by Persons Not Assessed.
Section 11-99A-42 - Reassessments.
Section 11-99A-43 - Assessment Revenue Anticipation Bonds, Notes Etc.
Section 11-99A-44 - Bonds in Series.
Section 11-99A-45 - Parity Bonds.
Section 11-99A-46 - Assumption of Municipal or County Actions.
Section 11-99A-47 - Limited Exception From Regulations.
Section 11-99A-48 - Additional Security for Bonds.
Section 11-99A-49 - Investments in Bonds.
Section 11-99A-50 - Provisions Cumulative.