reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.670. Exemption from taxation.

(a) An authority exercising the powers granted by the enabling ordinance under AS 29.35.600 - 29.35.730 is in all respects for the benefit of the people of the municipalities participating in the authority and the people of the state in general, for their well-being and prosperity, and for the improvement of their social and economic condition. The real and personal property of an authority and its assets, income, and receipts are exempt from all taxes and special assessments of the state or a political subdivision of the state.
(b) Bonds issued by the authority under AS 29.35.625 are issued for an essential public and governmental purpose; therefore, the bonds, interest and income from them, and all fees, charges, funds, revenue, income, and other money pledged or available to pay or secure the payment of the bonds or interest on them are exempt from taxation except for inheritance, transfer, and estate taxes.
(c) Notwithstanding the provisions of (a) of this section, an authority and the municipalities participating in the authority may enter into agreements under which the authority agrees to pay the participating municipalities' payments in lieu of taxes and special assessments on real and personal property of the authority that is within the taxing jurisdiction of the municipality.
(d) Nothing in this section creates a tax exemption with respect to the interests of a business enterprise or other person, other than the authority, in property, assets, income, or receipts, whether or not financed under AS 29.35.600 - 29.35.730.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.675. Development plan.

In the enabling ordinance establishing the authority under AS 29.35.605 the authority shall be
(1) required to submit a development plan to the governing body of the municipality or municipalities participating in the authority; and
(2) prohibited from undertaking the construction or acquisition of a project unless the project appears in a development plan submitted to and approved by the governing body of the municipality or municipalities participating in the authority.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.680. Administration of port authorities; board.

(a) An authority shall be governed by a board of directors, which shall exercise the powers of the authority. The enabling ordinance establishing the authority under AS 29.35.605 must specify the number, qualifications, manner of appointment or election, and terms of members of the board.
(b) The board shall appoint a chief executive officer of the authority who serves at the pleasure of the board. The board shall fix the compensation of the chief executive officer.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.685. Continuation of collective bargaining agreements; application of AS 23.40.070 - 23.40.260.

(a) A collective bargaining agreement for employees of the state or its political subdivisions who are transferred to an authority under AS 29.35.600 - 29.35.730 shall remain in effect for the term of the agreement or for a period of one year, whichever is longer, and shall be binding on the authority unless the parties agree to the contrary before the expiration of the agreement. A labor-management negotiation impasse declared after a transfer of employees under this subsection but before the negotiation of a new collective bargaining agreement shall be resolved as provided in the collective bargaining agreement, except that if the collective bargaining agreement does not provide for a resolution, then as provided in AS 23.40.070 - 23.40.260.
(b) Employees of the state or a political subdivision of the state transferred to an authority shall retain, for a period of one year following the date of transfer or for the duration of a collective bargaining agreement transferred under (a) of this section, whichever is greater, all rights of participation in fringe benefit programs available to the employees on the day before the transfer, or in programs substantially equivalent.
(c) AS 23.40.070 - 23.40.260 apply to employees of an authority established under AS 29.35.600 - 29.35.730 unless all municipalities participating in the authority are exempt under AS 23.40.255(a).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.690. Bylaws and regulations.

(a) A board shall adopt bylaws and appropriate regulations consistent with the enabling ordinance to carry out its functions and purposes.
(b) A board shall adopt bylaws as soon after the establishment of the authority as possible and may from time to time amend those bylaws. The bylaws may contain any provision not in conflict with law for the management of the business of the authority and for the conduct of the affairs of the authority, including
(1) the time, place, and manner of calling, conducting, and giving notice of meetings of the board and committees of the board, if any;
(2) the compensation of directors, if any;
(3) the appointment and authority of committees of the board, if any;
(4) the appointment, duties, compensation, and tenure of officers, directors, chief executive officer, and other employees, if any;
(5) procedures for adopting regulations;
(6) procedures for adopting bylaws;
(7) procedures for making annual reports and financial statements; and
(8) other matters for the conduct of business by the board.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.695. Authority subject to public records and open meetings laws.

An authority established under AS 29.35.605 is subject to AS 40.25.110 - 40.25.220 and to AS 44.62.310 - 44.62.319 (Open Meetings Act).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.700. Annual report.

Within 90 days following the end of the fiscal year of an authority, the board shall distribute to the mayor and governing body of each municipality participating in the authority a report describing the operations and financial condition of the authority during the preceding fiscal year. The report may include suggestions for legislation relating to the structure, powers, or duties of the authority or operation of facilities of the authority. The report must itemize the cost of providing each category of service offered by the authority and the income generated by each category.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.705. Audits.

(a) The board shall have the financial records of an authority audited annually by an independent certified public accountant.
(b) An authority shall make all of its financial records available to an auditor appointed by a municipality participating in the authority for examination.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.710. Remedies.

A holder of bonds or notes or coupons attached to the bonds issued by an authority under AS 29.35.625, and a trustee under a trust agreement or resolution authorizing the issuance of the bonds, except as restricted by a trust agreement or resolution, either at law or in equity, may
(1) enforce all rights granted under AS 29.35.600 - 29.35.730, the trust agreement or resolution, or another contract executed by the authority; and
(2) compel the performance of all duties of the authority required by AS 29.35.600 - 29.35.730 or the trust agreement or resolution.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.720. Conflicting laws inapplicable.

If provisions of AS 29.35.600 - 29.35.730 conflict with other provisions of this title, the provisions of AS 29.35.600 - 29.35.730 prevail.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.722. Ownership or operation of certain state facilities prohibited.

The state may not, without the approval of the legislature,
(1) convey or transfer the Alaska marine highway system, the Anchorage or Fairbanks international airports, or any other state asset, except undeveloped state land as provided in AS 38.05.810 or surplused property, to an authority; or
(2) enter into an agreement with an authority under which the authority would operate the Alaska marine highway system, the Anchorage or Fairbanks international airports, or any other state facility, system, or function that employs one or more employees.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 9. Port Authorities. › Sec. 29.35.725. Definitions.

In AS 29.35.600 - 29.35.730, unless the context otherwise requires,
(1) “authority” means a port authority established under AS 29.35.605;
(2) “board” means the board of directors of an authority;
(3) “bonds” includes bonds, bond anticipation notes, notes, refunding bonds, or other forms of indebtedness of the authority;
(4) “bylaws” or “bylaws of the authority” means the guidelines adopted by and amended by the board from time to time in accordance with AS 29.35.600 - 29.35.730;
(5) “port” means a facility of transportation related commerce located within the state;
(6) “project” means a port, dock, and administrative facilities, including property necessary in connection with the operation of a port;
(7) “project cost” or “cost of a project” means all or any part of the aggregate costs determined by an authority to be necessary to finance the construction or acquisition of a project, including without limitation to the cost of acquiring real property, the cost of constructing buildings and improvements, the cost of financing the project, including, without limitation, interest charges before, during, or after construction or acquisition of the project, costs related to the determination of the feasibility, planning, design, or engineering of the project and, to the extent determined necessary by the authority, administrative expenses, the cost of machinery or equipment to be used in the operation or rehabilitation of a port, and all other costs, charges, fees, and expenses that may be determined by the authority to be necessary to finance the construction or acquisition;
(8) “real property” or “land” means any interest in real property, including tidal and submerged land, and any right appurtenant to the interest, and without limitation, interests less than full title such as easements, uses, leases, and licenses;
(9) “regulation” means a standard of general application or the amendment, supplement, revision, or repeal of a standard adopted by an authority to implement, interpret, or make specific the law enforced or administered by it or to govern its procedure.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.800. Purpose of authorities.

The purpose of a regional solid waste management authority is to provide environmentally sound and cost-effective management of solid waste, including storage, collection, transportation, separation, processing, recycling, and disposal, to protect the public health, safety, and welfare; improve the environment of the state; recover resources and energy; and prevent pollution.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.805. Establishment of regional solid waste management authorities.

(a) A regional solid waste management authority may be created in one of the following ways:
(1) the governing body of a municipality may, by ordinance, create a regional solid waste management authority as a public corporation of the municipality;
(2) the governing bodies of two or more municipalities may, by substantially identical ordinances adopted by each of the governing bodies, create a regional solid waste management authority as a public corporation of the municipalities.
(b) One or more municipalities may join an authority established under (a)(1) or (2) of this section upon the adoption of substantially identical ordinances by the governing bodies of each affected municipality.
(c) A regional solid waste management authority created under this section is a body corporate and politic and an instrumentality of the municipality or municipalities creating it but has a separate and independent legal existence.
(d) Creation of a regional solid waste management authority under AS 29.35.800 - 29.35.925 is an exercise of a municipality's extraterritorial jurisdiction under AS 29.35.020.
(e) The enabling ordinance by which a regional solid waste management authority is established must specify the powers, boundaries, and limitations of the regional solid waste management authority.
(f) An ordinance creating a regional solid waste management authority must be approved by the voters of the municipality or municipalities participating in the authority for the authority to be established.
(g) Nothing in AS 29.35.800 - 29.35.925 prevents a municipality or municipalities from creating or participating in a public corporation, including a regional solid waste management authority, in any form or manner not prohibited by law. However, AS 29.35.800 - 29.35.925 only apply to and may only be used by a regional solid waste management authority created under this section.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.810. Dissolution of a regional solid waste management authority.

(a) The enabling ordinance creating a regional solid waste management authority must provide for the manner by which a regional solid waste management authority may be dissolved.
(b) If an authority ceases to exist, its assets shall be distributed to each municipality that was participating in the authority on the day before the date of dissolution in proportion to the municipality's contribution to the authority less any outstanding debt or obligation of that municipality to the authority. Any obligation to bondholders then outstanding shall first be satisfied in full.
(c) A municipality that is participating in an authority with one or more other municipalities may withdraw from participation without dissolving the authority. The contributions to the authority made by the withdrawing municipality remain the property of the authority, and the municipality remains liable for obligations under any agreement with the authority or other participating municipalities unless the agreement is changed by the contractual parties. A municipality withdraws from participation in an authority by repealing the ordinance adopted under AS 29.35.805(a)(2) or (b).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.815. Municipal property.

(a) A municipality may transfer and otherwise convey or lease real property and improvements to real property to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.805.
(b) A municipality may transfer and otherwise assign or lease personal property to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.805.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.825. Bonds of a regional solid waste management authority; superior court jurisdiction.

(a) If authorized by the enabling ordinance, an authority may borrow money and issue bonds on which the principal and interest are payable
(1) exclusively from the income and receipts of, or other money derived from, the project financed with the proceeds of the bonds;
(2) exclusively from the income and receipts of, or other money derived from, designated projects or other sources, whether they are financed, insured, or guaranteed in whole or in part with the proceeds of the bonds; or
(3) from its income and receipts or a designated part or parts of them.
(b) All bonds shall be sold at public or private sale in the manner, for the price or prices, and at the time or times the authority may determine.
(c) Before issuing bonds, an authority shall provide for consideration at least sufficient, in the judgment of the authority, to
(1) pay the principal of and interest on the bonds as they become due;
(2) create and maintain the reserves for the payment that the authority considers necessary or desirable; and
(3) meet all obligations in connection with the lease or agreement and all costs necessary to service the bonds, unless the lease or agreement provides that the obligations are to be met or costs are to be paid by a party other than the authority.
(d) Bonds shall be authorized by resolution of the authority and shall be dated and mature as the resolution may provide, except that a bond may not mature more than 40 years after the date of its issue. Bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption that the resolution or a subsequent resolution may provide.
(e) All bonds issued under this section, regardless of form or character, are negotiable instruments for all the purposes of AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code).
(f) The superior court has jurisdiction to hear and determine suits, actions, or proceedings relating to an authority, including suits, actions, or proceedings brought to foreclose or otherwise enforce a mortgage, pledge, assignment, or security interest brought by or for the benefit or security of a holder of the authority's bonds or by a trustee for or other representative of the holders.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.830. Bonds eligible for investment.

Bonds issued under AS 29.35.825 are securities in which public officers and public bodies of the state and its political subdivisions, insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds may be deposited with a state or municipal officer of an agency or political subdivision of the state for any purpose for which the deposit of bonds of the state is authorized by law.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.835. Validity of pledge.

The pledge of revenue of an authority to the payment of the principal of or interest on bonds or notes of the authority is valid and binding from the time the pledge is made, and the revenue is immediately subject to the lien of the pledge without physical delivery or further act. The lien of a pledge is valid and binding against all parties having claims of any kind against the authority irrespective of whether those parties have notice of the lien of the pledge.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.840. Credit of state or a municipality not pledged.

(a) The state and municipalities participating in an authority are not liable for the debts of that authority. Bonds issued under AS 29.35.825 are payable solely from the revenue of the authority and do not constitute a
(1) debt, liability, or obligation of the state or a municipality; or
(2) pledge of the faith and credit of the state or a municipality.
(b) An authority may not pledge the credit or the taxing power of the state or its municipalities. A bond issued under AS 29.35.825 must contain on its face a statement that
(1) the authority is not obligated to pay it or the interest on it except from the revenue pledged for it; and
(2) the faith and credit of the taxing power of the state or of a political subdivision of the state is not pledged to the payment of it.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.845. Pledges of the state and municipalities.

The state and municipalities participating in an authority pledge to and agree with the holders of bonds issued under AS 29.35.825 and with the federal agency, if any, that loans or contributes funds for a project of the authority that the state and the municipalities participating in the authority will not limit or alter the rights and powers vested in the authority by its enabling ordinance or other law so that it is unable to fulfill the terms of a contract made by it with those holders or that federal agency or in any way impair the rights and remedies of those holders or that federal agency until the bonds, together with the interest on them and interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of those holders or that federal agency, are fully met and discharged. An authority may include this pledge and agreement of the state and the municipalities participating in the authority, to the extent that it refers to holders of bonds of the authority, in a contract with those holders, and to the extent that it relates to a federal agency, in a contract with that federal agency.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.850. Limitation of liability.

A liability incurred by an authority shall be satisfied exclusively from the assets or revenue of the authority. A creditor or other person does not have a right of action against the state or a municipality participating in an authority because of a debt, obligation, or liability of an authority.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.860. Fidelity bond.

An authority shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances of that authority. A fidelity bond must be in effect during the entire tenure in office of the bonded person.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.870. Exemption from taxation.

(a) An authority exercising the powers granted by the enabling ordinance under AS 29.35.800 - 29.35.925 is in all respects for the benefit of the people of the municipalities participating in the authority and the people of the state in general, for their well-being and prosperity, and for the improvement of their social and economic condition. The real and personal property of an authority and its assets, income, and receipts are exempt from all taxes and special assessments of the state or a political subdivision of the state.
(b) Bonds issued by the authority under AS 29.35.825 are issued for an essential public and governmental purpose; therefore, the bonds, the interest and income from them, and all fees, charges, funds, revenue, income, and other money pledged or available to pay or secure the payment of the bonds or interest on them are exempt from taxation except for inheritance, transfer, and estate taxes.
(c) Notwithstanding the provisions of (a) of this section, an authority and the municipalities participating in the authority may enter into agreements under which the authority agrees to pay the participating municipalities' payments in lieu of taxes and special assessments on real and personal property of the authority that is within the taxing jurisdiction of the municipality.
(d) Nothing in this section creates a tax exemption with respect to the interests of a business enterprise or other person, other than the authority, in property, assets, income, or receipts, whether or not financed under AS 29.35.800 - 29.35.925.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.875. Administration of regional solid waste management authorities; board.

(a) An authority shall be governed by a board of directors, which shall exercise the powers of the authority. The enabling ordinance establishing the authority under AS 29.35.805 must specify the number, qualifications, manner of appointment or election, and terms of members of the board.
(b) The board shall appoint a chief executive officer of the authority, who serves at the pleasure of the board. The board shall fix the compensation of the chief executive officer.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.880. Continuation of collective bargaining agreements; application of AS 23.40.070 - 23.40.260.

(a) A collective bargaining agreement for employees of the state or its political subdivisions who are transferred to an authority under AS 29.35.800 - 29.35.925 remain in effect for the term of the agreement or one year, whichever is longer, and are binding on the authority unless the parties agree to the contrary before the agreement expires. A labor-management negotiation impasse declared after a transfer of employees under this subsection but before the negotiation of a new collective bargaining agreement shall be resolved as provided in the collective bargaining agreement or, if the collective bargaining agreement does not provide for a resolution, as provided in AS 23.40.070 - 23.40.260.
(b) Employees of the state or a political subdivision of the state transferred to an authority shall retain, for one year following the date of transfer or for the duration of a collective bargaining agreement transferred under (a) of this section, whichever is greater, all rights of participation in fringe benefit programs available to the employees on the day before the transfer, or in substantially equivalent programs.
(c) AS 23.40.070 - 23.40.260 apply to employees of an authority established under AS 29.35.800 - 29.35.925 unless all municipalities participating in the authority are exempt under AS 23.40.255(a).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.885. Bylaws and regulations.

(a) A board shall adopt bylaws and appropriate regulations consistent with the enabling ordinance to carry out its functions and purposes.
(b) A board shall adopt bylaws as soon after the authority is established as possible and may, from time to time, amend those bylaws. The bylaws may contain any provision not in conflict with law for managing the business of the authority and for conducting the affairs of the authority, including provisions relating to
(1) the time, place, and manner of calling, conducting, and giving notice of meetings of the board and committees of the board, if any;
(2) the compensation of directors, if any;
(3) the appointment and authority of committees of the board, if any;
(4) the appointment, duties, compensation, and tenure of officers, directors, the chief executive officer, and other employees, if any;
(5) procedures for adopting regulations;
(6) procedures for adopting bylaws;
(7) procedures for making annual reports and financial statements; and
(8) other matters for the conduct of business by the board.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.890. Authority subject to public records and open meetings laws.

An authority established under AS 29.35.805 is subject to AS 40.25.110 - 40.25.220 and to AS 44.62.310 - 44.62.319 (Open Meetings Act).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.895. Annual report.

Within 90 days following the end of the fiscal year of an authority, the board shall distribute to the mayor and governing body of each municipality participating in the authority a report describing the operations and financial condition of the authority during the preceding fiscal year. The report may include suggestions for legislation relating to the structure, powers, or duties of the authority or operation of facilities of the authority. The report must itemize the cost of providing each category of service offered by the authority and the income generated by each category.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.900. Audits.

(a) The board shall have the financial records of an authority audited annually by an independent certified public accountant.
(b) An authority shall make all of its financial records available to an auditor appointed by a municipality participating in the authority for examination.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.905. Remedies.

A holder of bonds or notes or coupons attached to the bonds issued by an authority under AS 29.35.825, and a trustee under a trust agreement or resolution authorizing the issuance of the bonds, except as restricted by a trust agreement or resolution, either at law or in equity, may
(1) enforce all rights granted under AS 29.35.800 - 29.35.925, the trust agreement or resolution, or another contract executed by the authority; and
(2) compel the performance of all duties of the authority required by AS 29.35.800 - 29.35.925 or the trust agreement or resolution.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.915. Conflicting laws inapplicable.

If a provision of AS 29.35.800 - 29.35.925 conflicts with another provision of this title, the provision of AS 29.35.800 - 29.35.925 prevails.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 10. Regional Solid Waste Management Authorities. › Sec. 29.35.920. Definitions.

In AS 29.35.800 - 29.35.925, unless the context otherwise requires,
(1) “authority” means a regional solid waste management authority established under AS 29.35.805;
(2) “board” means the board of directors of an authority;
(3) “bonds” includes bonds, bond anticipation notes, notes, refunding bonds, or other forms of indebtedness of the authority;
(4) “bylaws” means the guidelines adopted by and amended by the board from time to time under AS 29.35.800 - 29.35.925;
(5) “costs of projects” means all or any part of the aggregate costs determined by an authority to be necessary to finance the construction or acquisition of a project, including, without limitation, the cost of acquiring real property; the cost of constructing buildings and improvements; the cost of financing the project, including, without limitation, interest charges before, during, or after construction or acquisition of the project; costs related to determining the feasibility of, planning, design of, or engineering of the project and, to the extent determined necessary by the authority, administrative expenses; the costs of machinery or equipment to be used in the operation or rehabilitation of a solid waste management facility or operation; and all other costs, charges, fees, and expenses that the authority determines necessary to finance the construction or acquisition;
(6) “land” or “real property” means any interest in real property, including tidal and submerged land, any right appurtenant to the interest, and, without limitation, interests less than full title, such as easements, uses, leases, and licenses;
(7) “project” means a solid waste management facility, and administrative facilities, including property necessary for solid waste management;
(8) “regulation” means a standard of general application or the amendment, supplement, revision, or repeal of a standard adopted by an authority to implement, interpret, or make specific the law enforced or administered by it or to govern its procedure.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.010. Planning, platting, and land use regulation.

(a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis.
(b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assembly may by ordinance, without first obtaining the consent of the city, revoke any power or duty delegated under this section.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.020. Planning commission.

(a) Each first and second class borough shall establish a planning commission consisting of five residents unless a greater number is required by ordinance. A member shall be appointed by the borough mayor for a term of three years subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Members first appointed shall draw lots for one, two, and three year terms. Appointments to fill vacancies are for the unexpired term. The compensation and expenses of the planning commission and its staff are paid as directed by the assembly. If a first or second class borough has a population of less than 20,000 or more than 75,000, the commission membership shall be apportioned so that the number of members from home rule and first class cities reflects the proportion of borough population residing in home rule and first class cities located in the borough.
(b) In addition to the duties prescribed by ordinance, the planning commission shall
(1) prepare and submit to the assembly a proposed comprehensive plan in accordance with AS 29.40.030 for the systematic and organized development of the borough;
(2) review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.030. Comprehensive plan.

(a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following:
(1) statements of policies, goals, and standards;
(2) a land use plan;
(3) a community facilities plan;
(4) a transportation plan; and
(5) recommendations for implementation of the comprehensive plan.
(b) With the recommendations of the planning commission, the assembly shall adopt by ordinance a comprehensive plan. The assembly shall, after receiving the recommendations of the planning commission, periodically undertake an overall review of the comprehensive plan and update the plan as necessary.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.040. Land use regulation.

(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to,
(1) zoning regulations restricting the use of land and improvements by geographic districts;
(2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures;
(3) measures to further the goals and objectives of the comprehensive plan.
(b) A variance from a land use regulation adopted under this section may not be granted if
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.050. Appeals from administrative decisions.

(a) By ordinance the assembly shall provide for an appeal from an administrative decision of a municipal employee, board, or commission made in the enforcement, administration, or application of a land use regulation adopted under this chapter. The assembly may provide for an appeal to a court, hearing officer, board of adjustment, or other body. The assembly shall provide for an appeal from a decision on a request for a variance from the terms of a land use regulation when literal enforcement would deprive a property owner of rights commonly enjoyed by other properties in the district.
(b) By ordinance the assembly may provide for appointment of a hearing officer, or for the composition, appointment, and terms of office of a board of adjustment or other body established to hear appeals from administrative actions. The assembly may define proper parties and prescribe evidentiary rules, standards of review, and remedies available to the hearing officer, board of adjustment, or other body.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.060. Judicial review.

(a) The assembly shall provide by ordinance for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer, board of adjustment, or other body to the superior court.
(b) An appeal to the superior court under this section is an administrative appeal heard solely on the record established by the hearing officer, board of adjustment, or other body.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.070. Platting regulation.

By ordinance the assembly shall adopt platting requirements that may include, but are not limited to, the control of
(1) form, size, and other aspects of subdivision, dedications, and vacations of land;
(2) dimensions and design of lots;
(3) street width, arrangement, and rights-of-way, including requirements for public access to lots and installation of street paving, curbs, gutters, sidewalks, sewers, water lines, drainage, and other public utility facilities and improvements;
(4) dedication of streets, rights-of-way, public utility easements and areas considered necessary by the platting authority for other public uses.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.080. Platting authority.

(a) The assembly by ordinance shall establish a platting authority to administer subdivision regulations and to perform other duties as required by the assembly. The platting authority may consist of members of the planning commission or of other municipal residents.
(b) The assembly may by ordinance provide for an administrative official to act as the platting authority with regard to abbreviated plats.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.090. Abbreviated plats and waivers.

(a) Notwithstanding other provisions of this chapter, the assembly shall by ordinance establish an abbreviated plat procedure for a plat that will
(1) subdivide a single lot into not more than four lots;
(2) provide legal and physical access to a public highway or street for each lot created by the subdivision;
(3) not contain or require a dedication of a street, right-of-way, or other area;
(4) not require a vacation of a public dedication of land or a variance from a subdivision regulation.
(b) The platting authority shall waive the preparation, submission for approval, filing, and recording of a plat on satisfactory evidence that the subdivision meets the requirements of (a) of this section and each lot created by the subdivision is five acres or larger.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.100. Information required.

A plat must show
(1) initial point of survey;
(2) original or reestablished corners and their descriptions;
(3) actual traverse showing area of closure and all distances, angles, and calculations required to determine initial point, corners, and distances of the plat; and
(4) other information that may be required by ordinance.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.110. Plat procedure.

(a) The platting authority shall approve or disapprove a plat within 60 days after it is filed, or shall return it to the applicant for modification or correction. Unless the applicant for plat approval consents to an extension of time, the plat is considered approved and a certificate of approval shall be issued by the platting authority on demand if the platting authority fails to act within 60 days.
(b) The platting authority shall state in writing its reasons for disapproval of a plat. If the platting authority approves a plat, the plat shall be acknowledged, filed, and recorded in accordance with AS 40.15.010 - 40.15.020.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.120. Alteration or replat petition.

A recorded plat may not be altered or replatted except by the platting authority on petition of the state, the borough, a public utility, or the owners of a majority of the land affected by the alteration or replat. A platted street may not be vacated, except on petition of the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street sought to be vacated. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed alteration or replat.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.130. Notice of hearing.

The platting authority shall fix a time for a hearing on an alteration or replat petition that may not be more than 60 days after the petition is filed. Notice shall be published by the platting authority stating when and by whom the petition was filed, its purpose, and the time and place of the hearing. The notice must generally describe the alteration or replat sought. The platting authority shall also mail a copy of the notice to each affected property owner who did not sign the petition.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.140. Hearing and determination.

(a) The platting authority shall consider the alteration or replat petition at a hearing and make its decision on the merits of the proposal.
(b) Vacation of a city street may not be made without the consent of the council. Vacation of a street in the borough area outside all cities may not be made without the consent of the assembly. The governing body shall have 30 days from the decision of the platting authority in which to veto a vacation of a street. If no veto is received by the platting authority within the 30-day period, consent is considered to have been given to the vacation.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.160. Title to vacated area.

(a) The title to the street or other public area vacated on a plat attaches to the lot or land bordering the area in equal proportions, except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area that lies on one side of the boundary line shall attach to the abutting property on that side, and the street area that lies on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street that lies inside the limits of a platted addition attaches to the lots of the platted addition bordering on the area. If a public square is vacated, the title to it vests in a city if it lies inside the city, and in the borough if it lies inside the borough but outside all cities. If the property vacated is a lot, title vests in the rightful owner.
(b) If the municipality acquired the street or other public area vacated for legal consideration or by express dedication to the municipality other than as a subdivision platting requirement, before the final act of vacation the fair market value of the street or public area shall be deposited with the platting authority to be paid to the municipality on final vacation.
(c) The provisions of (a) and (b) of this section apply to home rule and general law municipalities.
(d) The council of a second class city located outside a borough may vacate streets, alleys, crossings, sidewalks, or other public ways that may have been previously dedicated or established when the council finds that the streets, alleys, crossings, sidewalks, or other public ways are no longer necessary for the public welfare, or when the public welfare will be enhanced by the vacation. If the council determines that all or a portion of the area vacated under this subsection should be devoted to another public purpose, title to the area vacated and held for another public purpose does not vest as provided in (a) of this section but remains in the city.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.170. Delegations.

The planning commission and the platting authority may, as authorized by ordinance, delegate powers to hear and decide cases under this chapter, including delegations to
(1) one or more members of the planning commission or platting authority;
(2) other boards or commissions;
(3) a hearing officer designated by the planning commission or platting authority.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 40. Planning, Platting, and Land Use Regulation › Sec. 29.40.180. Prohibited acts; criminal penalties.

(a) The owner of land located in a subdivision may not transfer, sell, offer to sell, or enter into a contract to sell land in a subdivision before a plat of the subdivision has been prepared, approved, filed, and recorded in accordance with this chapter. A person may not file or record a plat or other document depicting subdivided land in a public recorder's office unless the plat or document has been approved by the platting authority.
(b) For the violation of a provision of this chapter, a subdivision regulation adopted under this chapter, or a term, condition, or limitation imposed by a platting authority in the exercise of its powers under this chapter, a municipality may by ordinance prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days.