Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 15 - Local Boundary Commission
Chapter 110 - Municipal Boundary Changes
Article 13 - Procedures for Petitioning and for Other Commission Matters
3 AAC 110.420 - Petition
Universal Citation: 3 AK Admin Code 110.420
Current through November 28, 2024
(a) A proposal for one or more actions by the commission under this chapter is initiated by submitting a petition and supporting materials to the department.
(b) A petition must be submitted on forms provided by the department. On the forms provided, the department shall require that the petition include the following information and supporting materials:
(1) the name of the petitioner;
(2) for the petitioner's representative and
alternative representative designated under
3
AAC 110.410(e),
(A) the physical address of each individual's
place of residence;
(B) each
individual's mailing address; and
(C) each individual's telephone number,
facsimile number, and electronic mail address, if any;
(3) the name and class of the
(A) existing municipal government for which a
change is proposed; and
(B)
proposed municipal government;
(4) a general description of the nature of
the proposed commission action;
(5)
a general description of the
(A) area
proposed for borough boundary change; or
(B) territory proposed for city boundary
change;
(6) a statement
of reasons for the petition;
(7)
legal metes and bounds descriptions, maps, and plats for a proposed
municipality, or for any existing municipality for which a change is
proposed;
(8) the size of the
(A) area proposed for borough boundary
change; or
(B) territory proposed
for city boundary change;
(9) data estimating the population of the
(A) area proposed for borough boundary
change; or
(B) territory proposed
for city boundary change;
(10) information relating to public notice
and service of the petition;
(11)
the following tax data for a borough boundary change:
(A) the assessed or estimated value of
taxable property in the area proposed for change, if the proposed municipal
government, or any existing municipal government for which a change is
proposed, levies or proposes to levy property taxes;
(B) projected taxable sales in the area
proposed for change, if the proposed municipal government, or any existing
municipal government for which the change is proposed, levies or proposes to
levy sales taxes;
(C) each
municipal government tax levy currently in effect in the area proposed for
change;
(12) the
following tax data for a city boundary change:
(A) the assessed or estimated value of
taxable property in the territory proposed for change, if the proposed
municipal government, or any existing municipal government for which a change
is proposed, levies or proposes to levy property taxes;
(B) projected taxable sales in the territory
proposed for change, if the proposed municipal government, or any existing
municipal government for which the change is proposed, levies or proposes to
levy sales taxes;
(C) each
municipal government tax levy currently in effect in the territory proposed for
change;
(13) for a
proposed municipality, or for any existing municipality for which a change is
proposed, projections of revenue, operating expenditures, and capital
expenditures through the period extending one full fiscal year beyond the
reasonably anticipated date
(A) for receipt
of any final organization grant under
AS
29.05.180 or
29.05.190;
(B) for completion of any transition set out
in AS
29.05.130-29.05.140 or
3
AAC 110.900; and
(C) on which a proposed new borough or city
will make its first full local contribution required under
AS
14.17.410(b)(2), if the
proposal seeks to incorporate a municipality that would be subject to
AS
14.17.410(b)(2);
(14) information about any
existing long-term municipal debt;
(15) information about the powers and
functions of
(A) the proposed
municipality;
(B) any existing
municipality for which a change is proposed, before and after the proposed
change; and
(C) alternative service
providers, including regional educational attendance areas and other service
areas within the area proposed for borough boundary change or territory
proposed for city boundary change;
(16) the transition plan required under
3
AAC 110.900;
(17) information about the composition and
apportionment of the governing body of
(A)
the proposed municipality; and
(B)
any existing municipality for which a change is proposed, before and after the
proposed change;
(18)
information regarding any effects of the proposed change upon civil and
political rights for purposes of
42 U.S.C.
1971 -
1974 (Voting Rights Act of
1965);
(19) a supporting brief that
provides a detailed explanation of how the proposal serves the best interests
of the state and satisfies each constitutional, statutory, and regulatory
standard that is relevant to the proposed commission action;
(20) documentation demonstrating that the
petitioner is authorized to file the petition under
3
AAC 110.410;
(21) for a petition to incorporate or
consolidate a home rule city or borough, the proposed municipal
charter;
(22) an affidavit from the
petitioner's representative that, to the best of the representative's
knowledge, information, and belief, formed after reasonable inquiry, the
information in the petition is true and accurate;
(23) other information or supporting material
that the department believes the petitioner must provide for an adequate review
of the proposal.
(c) The petitioner shall provide the department with a copy of the petition and supporting materials in an electronic format, unless the department waives this requirement because the petitioner lacks a readily accessible means or the capability to provide items in an electronic format.
(d) For a voter-initiated petition, the petition form must include sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition.
Authority: Art. X, sec. 1,
AS 29.04.040
AS 29.05.060
AS 29.06.040
AS 29.06.090
AS 29.06.100
AS 29.06.450
AS 29.06.460
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
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