An L.I.D. may include adjoining, vicinal or neighboring streets, avenues and alleys even though the improvements thus made are not connected or continuous as long as there is no more than 2,500 feet between continuous units; provided, that the cost and expense of each continuous unit of the improvement may be ascertained separately as near as may be, and if so ascertained separately the assessment rates shall be computed on the basis of the cost and expense of each unit.
(S.C.C. 3-9-12; S.G.C. 17.16.010)
The assembly may at any time at its discretion, by ordinance, eliminate from the district any unit of the improvement which is not completed and may proceed with the construction of the balance of the improvements within the district as fully and completely as though the eliminated unit had not been included within the district; provided, however, that the assessments to be levied to pay part of all of the costs of the improvements actually constructed may be levied only against the properties within such district specially benefited thereby.
A. 
Notice of hearing. The assembly shall by resolution fix a time, date and place for a hearing on the question of whether or not it should abandon the acquisition, construction and installation of a portion of the improvements. Notice of such hearing shall be published once, at least 10 days prior to the date of hearing, in a newspaper of general circulation within the city and borough, and shall be mailed at or prior to the same time to all owners of property within such district. Such notice shall state the proposed assembly action and shall also require that any owner who objects thereto should file a written notice of that objection with the finance director at or prior to the hearing.
B. 
Hearing. At the time of the hearing the assembly shall hear all such protests and all evidence material to the question of whether or not the completion of such improvements should be abandoned and after considering the same the assembly shall then decide whether or not to so abandon a portion of the improvements. In the event that written objections to such proposed abandonment are filed by the owners of property in the district bearing more than 50 percent of the current assessed valuation of all of the property within the district, as well as 50 percent of the owners of property within the area proposed to be abandoned, the assembly shall proceed to complete the construction of the improvements originally authorized in such district. In the event protests equaling such 50 percent are not filed and the assembly decides that the portion of such improvements should not be completed, the costs of improvement incurred to the time of such abandonment shall be assessed only against such property within such district specially benefited by the improvements actually completed.
(S.C.C. 3-9-13; S.G.C. 17.16.020)
Any part of the cost of improvements not authorized by ordinance to be paid from assessments shall be paid by the city and borough or from any grants which it has or may later have on hand and available for such purpose.
(S.C.C. 3-9-15; S.G.C. 17.16.040)
A. 
Construction by contractor or contractors.
1. 
When the improvements in any L.I.D. are to be acquired, constructed and installed by a contractor or contractors, and if it appears after consideration of the contract cost plus all other costs of improvements that the total cost of improvements will exceed the estimated cost as it appears in the approving resolution or ordinance, by 20 percent or more, then at least 15 days before the notice to proceed is given the contractor or contractors the finance director of the city and borough shall give notice of such estimated increased cost by certified mail to the owners of the lots, tracts and parcels of land within the district at their last known address, and shall also publish, on or before the same date, a similar notice at least once in a newspaper of general circulation in the city and borough;
2. 
The mailed and published notice shall state the amount, and percentage, of total cost of the expected additional charges over the last complete estimated cost, and shall further state that unless written objections to the city and borough’s ordering the contractor or contractors to proceed are filed with the finance director by the owners of property within the district bearing 50 percent or more of the estimated cost of the improvements to be paid from assessments within 10 days from the date of the mailing and publishing of such notice, the contractor or contractors will be ordered to proceed, and that the estimate of costs as increased shall be the cost of improvements until all actual costs after completion are known;
3. 
In the event such written objections are so filed by the owners of property within the district bearing 50 percent or more of the estimated cost of the improvements to be paid from assessments, then no notice to proceed shall be given the contractor and further work on the project shall cease. The city and borough shall bear the costs of the project to date of termination;
4. 
There shall be no liability on the part of the city and borough to the contractor until a notice to proceed is given; but once given, the project shall proceed regardless of unforeseen costs (all of which shall be deemed costs of improvements), subject to the provisions of subsection (A)(3) of this section.
B. 
Construction by force account.
1. 
When the improvements in any L.I.D. are to be acquired, constructed and installed by a crew of the city and borough or by city and borough force account, then within 30 days after the commencement of the work the director of public works of the city and borough shall file with the finance director a certificate stating whether in his estimation the total cost of improvements will be 20 percent or more in excess of the last complete estimate of cost. If he determines that the new estimate of cost is 20 percent or more over such last complete estimate, then a similar notice as required in subsection A of this section shall be given to the owners of the lots, tracts and parcels of land within the district at the same time and in the same manner as provided in subsection A of this section.
2. 
In the event written objections are so filed by the owners of property within the district bearing 50 percent or more of the estimated cost of the improvements to be paid from assessments, work on the project shall cease until one of the following alternatives shall be undertaken by the assembly:
a. 
The assembly by resolution determines that the city and borough shall pay any additional costs of the improvements greater than 20 percent over the previous estimate of the assessments,
b. 
The improvement work performed to date of cessation shall be continued only to such extent as to put the area under construction in no worse condition than it was before construction started, with all costs of such continuance of work to be paid for by the city and borough, but costs prior to date of the filing of such objections from owners of property bearing 50 percent or more of the estimated costs of improvements shall be considered L.I.D. costs and assessed according to the original resolution or ordinance creating such L.I.D.,
c. 
Should at any time under either force account projects or projects constructed under contract it appear to the city and borough’s director of public works that the total cost of the improvements will exceed by more than 50 percent the estimated costs of improvements as estimated at the time the force account work was begun or at the time the notice to proceed was given, then further work shall cease until notice and opportunity to object are given the property owners as provided in subsection A of this section. The procedures for proceeding with the project, the payment of costs to date of cessation and the obligation to put the area under construction in no worse condition than it was before construction started shall also be as stated in subsections (B)(2)(a) and (B)(2)(b) of this section.
(S.G.C. 17.16.050; S.C.C. 3-9-16; Ord. 86-688 § 4, 1986)
Each L.I.D. of the city and borough shall be given a number in the ordinance or resolution creating the district and each such ordinance or resolution shall create an L.I.D. No. ______ fund. Into such fund shall be paid all receipts pertaining to the L.I.D. including but not limited to proceeds from the sale of warrants, notes and/or bonds, transfers from the city and borough general fund and assessments as paid.
Such fund shall be drawn upon for the purpose of paying construction costs of such L.I.D., redemption of warrants, notes and bonds and the payment of interest thereon.
Within such fund, accounts such as may be necessary, such as construction revenue, bond or note redemption and sinking fund accounts, may be set up.
(S.G.C. 17.16.060; S.C.C. 3-9-17; Ord. 86-688 § 4, 1986)
The city and borough may provide by resolution or ordinance for the issuance of warrants payable out of such L.I.D. fund in payment of the cost and expense of any L.I.D. improvements. The warrants shall bear interest at a rate to be determined by the assembly and shall be redeemed either in cash or by exchange for special assessment district bonds or notes of such district. Such warrants shall be redeemed in order of their number whenever there is enough money in such fund to redeem such lowest number warrant or warrants.
Warrants may be issued to the city and borough general fund when the general fund advances the costs of improvements.
(S.G.C. 17.16.070; S.C.C. 3-9-18; Ord. 86-688 § 4, 1986)
A. 
If special assessment bonds or notes have been issued and assessments levied in any L.I.D. based on the estimated cost of the improvements, and if, after actual costs have been ascertained, the total amount of assessments levied exceeds the property owners’ share of the actual costs, plus any delinquency charge to be included in the assessments, by more than one percent, the amount of excess proceeds on hand in such L.I.D. fund shall be utilized to call and redeem as many outstanding bonds or notes of such L.I.D. as possible out of such excess on the next date on which such bonds or notes may be redeemed.
Credit in the amount of the excess shall be given on assessments due, or refunded on assessments previously paid in full, pro rata according to the original principal amounts of such assessments.
B. 
If special assessment bonds have been issued for the construction of an L.I.D., all moneys remaining in that L.I.D. fund after all costs of improvements in such district, including the redemption of all warrants, notes and bonds of such district have been paid, shall be paid into the guaranty fund of the city and borough as provided in SGC § 17.35.020.
C. 
If no special assessment bonds or notes have been issued for the construction of an L.I.D., all moneys remaining in that L.I.D. fund after all costs of improvements in such district, including the redemption of all warrants have been paid, shall be paid into the L.I.D. revolving fund of the city and borough.
(S.G.C. 17.16.080; S.C.C. 3-9-19; Ord. 74-163 § 3, 1974; Ord. 86-688 § 4, 1986)