reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 6 - Contract Formation and Modification › 3 AAC 109.520 - Contract contents

Current through May 31, 2024
(a) Each contract awarded as a result of
				  competitive sealed bids or competitive sealed proposals must contain
(1) a statement of the amount of the
				  contract;
(2) the date for the
				  supplies to be delivered or the expected period of performance of the
				  construction, services, or professional services;
(3) a description of the supplies,
				  construction, services, or professional services to be provided; and
(4) certification by the procurement officer
				  or other official of the authority that sufficient money is available to be
				  encumbered to cover the obligation under the contract or will be available
				  before the procurement officer issues a notice to proceed or purchase order
				  against the contract.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 6 - Contract Formation and Modification › 3 AAC 109.530 - Contract term and cancellation

Current through May 31, 2024
(a) Unless
				  otherwise provided by law, a contract for supplies, services, or professional
				  services may be entered into for any period of time considered to be in the
				  best interests of the grantee or authority if the term of the contract and
				  conditions of renewal or extension, if any, are included in the solicitation
				  and funds are available for the first grant period at the lime of
				  contracting.
(b) Payment and
				  performance obligations for succeeding grant periods shall be subject to the
				  availability and designation of funds for purposes of the contract.
(c) Before using a multi-term contract, the
				  procurement officer shall determine in writing that
(1) estimated requirements cover the period
				  of the contract and are reasonably firm and continuing; and
(2) the contract will serve the best
				  interests of the grantee or authority by encouraging effective competition and
				  efficient contract administration.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 6 - Contract Formation and Modification › 3 AAC 109.540 - Contract amendments

Current through May 31, 2024
(a) The procurement officer may amend a
				  contract or purchase order if the contract includes clauses or terms that allow
				  for and anticipate change orders, additional work, changes in scope, price
				  adjustments, follow-up phases of work, or renewals consistent with the original
				  scope and estimates of term and price documented with the source selection
				  method used in the award.
(b) The
				  procurement officer may amend a contract or purchase order when there is an
				  unanticipated change in work beyond the estimated or actual contract price,
				  term, or scope, if
(1) the solicitation was
				  conducted following the small procurement procedures under
				  3 AAC 109.460, the amendment or change order, or
				  cumulative contract amendments or change orders, wiII not cause the total
				  contract amount, as amended, to exceed by 50 percent or more the original
				  contract price, and the new total price of the contract, including all change
				  orders and amendments, does not exceed the dollar limit for small procurements
				  under 3 AAC 109.460; or
(2) the original contract is greater than $
				  100,000, and the amount of the unanticipated amendment or change order, or
				  cumulative unanticipated contract amendments or change orders, will be less
				  than 20 percent of the original contract amount, including any anticipated
				  amendments or contract adjustments.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 6 - Contract Formation and Modification › 3 AAC 109.550 - Standard contract clauses

Current through May 31, 2024
(a) The chief
				  procurement officer, in consultation with the attorney general, may establish
				  standard contract clauses that provide for appropriate remedies and cover the
				  following subjects:
(1) liquidated
				  damages;
(2) order of precedence of
				  contract documents;
(3) specified
				  excuses for delay or nonperformance;
(4) termination of the contract for
				  default;
(5) termination of the
				  contract in whole or in part for the convenience grantee or
				  authority;
(6) adjustments in time
				  including renewals or extensions;
(7) dispute resolution;
(8) adjustments in price;
(9) changes in work;
(10) additional work;
(11) amendments.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 6 - Contract Formation and Modification › 3 AAC 109.560 - Cost principles and contractor cost and pricing data

Current through May 31, 2024
(a) Before an award
				  of a non-competitive contract or a change order or contract modification, the
				  contractor or prospective contractor shall submit cost and pricing data. The
				  contractor or prospective contractor shall certify that, to the best of the
				  contractor's or prospective contractor's knowledge and belief, the data
				  submitted is accurate, complete, and current as of a mutually determined
				  specified date and will continue to be accurate and complete during the
				  performance of the contract.
(b)
				  When a contractor becomes aware of a situation that may form the basis of a
				  claim for compensation that exceeds the amount designated as the base amount of
				  the contract and before performing additional work or supplying additional
				  materials, the contractor shall submit cost and pricing data on the additional
				  work or materials. The contractor shall certify that, to the best of the
				  contractor's knowledge and belief, the data submitted is accurate, complete,
				  and current and is the actual cost to the contractor of performing the
				  additional work or supplying the additional materials.
(c) A contract. change order, or contract
				  modification under which a certification is required under (a) or (b) of this
				  section must contain a provision that the contract price including the
				  contractor's profit or fee, will be adjusted to exclude any significant sums by
				  which the procurement officer finds that the price is increased because the
				  cost or pricing data furnished by the contractor or prospective contractor is
				  inaccurate, incomplete, or not current as of the date agreed upon by the
				  parties.
(d) The requirements of
				  (a) of this section do not apply when
(1) the
				  contract price is based on adequate price competition obtained through a
				  competitive solicitation;
(2) the
				  contract price is set by law or regulation; or
(3) the chief procurement officer determines
				  in writing that the requirements of (a) of this section may be waived and the
				  reasons for waiver are stated.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 7 - Legal and Contractual Remedies › 3 AAC 109.570 - Applicability of procurement protest and appeal procedures

Current through May 31, 2024
(a) Except for
				  protests of small procurements made under
				  3 AAC 109.580, the provisions of
				  AS
				  36.30.560-36.30.615 apply to the protest on
				  a solicitation, a proposed contract award, or the award of a contract for
				  supplies, services, professional services, or construction. In applying the
				  provisions of
				  AS
				  36.30.560-36.30.615 under this chapter,
(1) the rights, powers, and duties relating
				  to appeals of protests concerning the procurement of supplies, services,
				  professional services, or construction duties under AS 36.30 assigned to any
				  commissioner is vested in the executive director with respect to appeals of
				  protests, and the executive director may delegate the rights, powers, and
				  duties to the chief procurement officer;
(2) the chief procurement officer is
				  responsible for taking all necessary actions following the procedures in
				  AS
				  36.30.610 and
				  36.30.615 to develop a
				  recommendation regarding a protest appeal;
(3) the chief procurement officer may
				  request, as provided under
				  AS
				  44.64.030(b), that the
				  office of administrative hearings (AS
				  44.64.010) conduct a hearing on an appeal in
				  accordance with
				  AS
				  36.30.670; make findings of fact and
				  conclusions of law, and provide a recommended decision for the chief
				  procurement officer to furnish to the executive director;
(4) the chief procurement officer shall make
				  a recommendation to the executive director for a final decision on protest
				  appeals not subject to 3 AAC I 09.580; the executive director retains the final
				  decision-making authority on a protest appeal and may affirm, modify, or reject
				  the recommended decision, in whole or in part, may remand to the chief
				  procurement officer or any hearing officer or administrative law judge with
				  instructions, or may take other appropriate action.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 7 - Legal and Contractual Remedies › 3 AAC 109.580 - Protest of small procurement

Current through May 31, 2024
(a) An interested
				  party shall attempt to informally resolve any protest with the procurement
				  officer regarding a procurement with a total award value of $100,000 or less.
				  If the attempt is unsuccessful, the interested party may protest the
				  solicitation or the award of a small procurement contract solicited or awarded
				  under 3 AAC 109.460. The protest must be
				  filed with the executive director. The protester must file a copy of the
				  protest with the procurement officer.
(b) If protesting a solicitation issued under
				  3 AAC 109.460, a protest must be filed before the date
				  and time that quotations or informal proposals are due to the
				  authority.
(c) If protesting the
				  award of a small procurement contract of not more than $25,000, the protest
				  must be filed not later than 10 days after the date of the solicitation or
				  award, whichever is later.
(d) If
				  protesting the award of a small procurement contract greater than $25,000, a
				  protest must be filed not later than 10 days after the date that notice of
				  award is made.
(e) To be accepted
				  by the authority, a protest filed under (a), (b), (c), or (d) of this section
				  must contain
(1) the name, address, and
				  telephone number of the protester;
(2) the signature of the protester or the
				  protester's representative;
(3)
				  identification of the solicitation or contract at issue;
(4) a detailed statement of the legal and
				  factual grounds of the protest, including copies of relevant documents;
				  and
(5) the form of relief
				  requested.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 7 - Legal and Contractual Remedies › 3 AAC 109.590 - Contract claims

Current through May 31, 2024
(a) The provisions of
				  AS
				  36.30.620-36.30.631 apply to any contract
				  claim concerning a contract awarded by the procurement officer under this
				  chapter.
(b) Hearings on contract
				  claims will be conducted in accordance with
				  AS
				  36.30.670-36.30.685, and any arbitration of
				  a construction contract will be conducted in accordance with
				  2 AAC 12.950 -
				  2 AAC 12.989.
(c) The rights, powers, and duties relating
				  to appeals of claims and arbitration of construction contracts concerning the
				  procurement of supplies, services, professional services, or construction that
				  are assigned under AS 36.30 to any commissioner are vested under this chapter
				  with the executive director.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 7 - Legal and Contractual Remedies › 3 AAC 109.600 - Misrepresentations, fraud, and attempted fraud

Current through May 31, 2024
(a) A person who
				  makes or uses a misrepresentation in support of a contract claim under this
				  chapter, or who practices or attempts to practice a fraud, at any stage of
				  proceedings relating to a procurement or contract claim under this chapter
(1) forfeits all claims relating to that
				  procurement or contract; and
(2) is
				  obligated to reimburse all sums paid on the claim and for all costs
				  attributable to review of the claim.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 7 - Legal and Contractual Remedies › 3 AAC 109.610 - Debarment

Current through May 31, 2024
(a) The provisions of
				  AS
				  36.30.635-36.30.665 and
				  2 AAC 12.630 -
				  2 AAC 12.670 apply to any debarment action undertaken by
				  the authority against a contractor to prohibit a contractor from participating
				  in any solicitation or award under this chapter.
(b) Hearings on a debarment action will be
				  conducted in accordance with
				  AS
				  36.30.650 and
				  2 AAC 12.650 -
				  2 AAC 12.670.
(c) The rights, powers and duties relating to
				  debarment actions assigned to the commissioner of administration under AS 36.30
				  are vested with the executive director with respect to an debarment actions
				  undertaken by the authority under this chapter.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 8 - Additional Principles and Administrative Provisions › 3 AAC 109.650 - Supplementary general principles of law applicable

Current through May 31, 2024
Unless displaced by the particular provisions of this
					 chapter, the principles of law and equity, including AS 45.01 - AS 45.08, AS
					 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), the law merchant, and
					 law relative to capacity to contract, agency, fraud, misrepresentation, duress,
					 coercion, mistake, or bankruptcy supplement the provisions of this
					 chapter.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 8 - Additional Principles and Administrative Provisions › 3 AAC 109.660 - Requirement of good faith

Current through May 31, 2024
All parties involved in the negotiation, performance, or
					 administration of contracts of the authority under this chapter shall act in
					 good faith.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 8 - Additional Principles and Administrative Provisions › 3 AAC 109.680 - Public access to procurement records

Current through May 31, 2024
(a) Procurement
				  records under this chapter are public records in accordance with
				  AS
				  40.25.110.
(b) If a bidder or proposer submits a
				  procurement record and requests that it be kept confidential, the chief
				  procurement officer shall determine whether the procurement record appears to
				  be confidential and notify the bidder or proposer of the determination. If the
				  authority receives a public records request for a procurement record determined
				  to appear to be confidential, the authority will notify the bidder or proposer
				  of the public records request to enable the bidder or proposer to protect the
				  conliclentiality of the procurement record.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 8 - Additional Principles and Administrative Provisions › 3 AAC 109.690 - Retention of procurement records

Current through May 31, 2024
Procurement records shall be retained and disposed of in
					 accordance with records retention guide lines and schedules approved by the
					 state archivist.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 8 - Additional Principles and Administrative Provisions › 3 AAC 109.700 - Procurement records for competitive sealed bids and proposals

Current through May 31, 2024
The executive director shall keep a contract file open for
					 public inspection for each contract awarded under competitive sealed bids and
					 competitive sealed proposals. The file may be maintained in a reproducible
					 electronic format and must contain
(1)
				  a copy of the solicitation document;
(2) a register of bids or proposals
				  received;
(3) a copy of each
				  responsive bid or proposal received;
(4) the basis of award; and
(5) a copy of the contract that includes a
				  description of the supplies, services, professional services, or construction
				  procured under each contract.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 8 - Additional Principles and Administrative Provisions › 3 AAC 109.710 - Procurement records for other procurements

Current through May 31, 2024
The executive director shall keep a contract file open for
					 public inspection for each limited competition procurement, innovative
					 procurement, or non-competitive procurement under
					 3 AAC 109.490(a)(3), (4), and (5). The
					 file may be maintained in a reproducible electronic format and must
					 contain
(1) the determination, as
				  required, regarding the source selection method used;
(2) for innovative procurements, the
				  procurement plan approved by the attorney general;
(3) if the procurement is solicited,
(A) a copy of the solicitation document
				  used;
(B) a copy of the notice
				  posted or list of potential offerors contacted;
(C) a register of offers or proposals
				  received;
(D) a copy of each
				  responsive offer or proposal received; and
(E) the basis of award;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 9 - General Provisions › 3 AAC 109.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
					 otherwise,
(1) "authority" means the
				  Alaska Energy Authority;
(2)
				  "Alaska business license" means a license required under AS 43.70 (Alaska
				  Business License Act);
(3) "Alaska
				  Online Public Notice System" means the system developed under
				  AS
				  44.62.175;
(4) "alternate dispute resolution" means
				  negotiation or mediation voluntarily used to resolve issues in
				  controversy;
(5) "change order"
				  means a written order signed by the procurement officer directing the
				  contractor to make changes that the changes clause of the contract authorizes
				  the procurement officer to order without the consent of the
				  contractor;
(6) "chief procurement
				  officer " means the person appointed by the executive director under
				  3 AAC 109.030(c)(1) as the chief
				  procurement officer of the authority;
(7) "competitive sealed bidding" means the
				  procedure under
				  3 AAC 109.210 -
				  3 AAC 109.330;
(8) "competitive sealed proposals" means the
				  procedure under 3 AAC 109 .340 -
				  3 AAC 109.440;
(9) "construction" means
(A) 'the process of building, altering,
				  repairing, maintaining, improving, or demolishing a highway, structure,
				  building, or other improvement of any kind to real property;
(B) includes services and professional
				  services relating to planning and design required for the
				  construction;
(C) does not include
				  the routine operation of an improvement to real property;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 1 - Standards for Incorporation of Cities › 3 AAC 110.005 - Community

Current through May 31, 2024
Territory proposed for incorporation as a city must
					 encompass a community.
Authority:
Art. X, sec. 1,
AS 29.05.011
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 1 - Standards for Incorporation of Cities › 3 AAC 110.010 - Need

Current through May 31, 2024
(a) In accordance with
				  AS
				  29.05.011(a)(5), a community
				  must demonstrate a reasonable need for city government. In this regard, the
				  commission may consider relevant factors, including
(1) existing or reasonably anticipated social
				  or economic conditions;
(2)
				  existing or reasonably anticipated health, safety, and general welfare
				  conditions;
(3) existing or
				  reasonably anticipated economic development; and
(4) adequacy of existing services.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 1 - Standards for Incorporation of Cities › 3 AAC 110.020 - Resources

Current through May 31, 2024
In accordance with
					 AS
					 29.05.011(a)(3), the economy
					 of a proposed city must include the human and financial resources necessary to
					 provide essential municipal services on an efficient, cost-effective level. In
					 this regard, the commission
(1) will
				  consider
(A) the reasonably anticipated
				  functions of the proposed city;
(B)
				  the reasonably anticipated expenses of the proposed city;
(C) the ability of the proposed city to
				  generate and collect revenue at the local level;
(D) the reasonably anticipated income of the
				  proposed city;
(E) the feasibility
				  and plausibility of the anticipated operating and capital budgets of the
				  proposed city through the period extending one full fiscal year beyond the
				  reasonably anticipated date
(i) for receipt
				  of the final organization grant under
				  AS
				  29.05.180;
(ii) for completion of the transition set out
				  in AS
				  29.05.130-29.05.140 and
				  3 AAC 110.900; and
(iii) on which the proposed city will make
				  its first full local contribution required under
				  AS
				  14.17.410(b)(2) if the
				  proposal seeks to incorporate a home rule or first class city in the
				  unorganized borough;
(F)
				  the economic base within the proposed city;
(G) valuations of taxable property within the
				  proposed city;
(H) existing and
				  reasonably anticipated industrial, commercial, and resource development within
				  the proposed city; and
(I) personal
				  income of residents of the proposed city; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 1 - Standards for Incorporation of Cities › 3 AAC 110.030 - Population

Current through May 31, 2024
(a) In accordance with
				  AS
				  29.05.011(a)(4), the
				  population of a proposed city must be sufficiently large and stable to support
				  the proposed city government. In this regard, the commission may consider
				  relevant factors, including
(1) census
				  enumerations;
(2) durations of
				  residency;
(3) historical
				  population patterns;
(4) seasonal
				  population changes;
(5) age
				  distributions;
(6) contemporary and
				  historical public school enrollment data; and
(7) nonconfidential data from the Department
				  of Revenue regarding applications under AS 43.23 for permanent fund
				  dividends.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 1 - Standards for Incorporation of Cities › 3 AAC 110.040 - Boundaries

Current through May 31, 2024
(a) In accordance with
				  AS
				  29.05.011(a)(2), the
				  boundaries of a proposed city must include all land and water necessary to
				  provide the development of essential municipal services on an efficient,
				  cost-effective level. In this regard, the commission may consider relevant
				  factors, including
(1) land use, subdivision
				  platting, and ownership patterns;
(2) population density;
(3) existing and reasonably anticipated
				  transportation patterns and facilities;
(4) natural geographical features and
				  environmental factors;
(5)
				  extraterritorial powers of cities;
(6) salability of land for residential,
				  commercial, or industrial purposes; and
(7) suitability of the territory for
				  reasonably anticipated community purposes.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 1 - Standards for Incorporation of Cities › 3 AAC 110.042 - Best interests of state

Current through May 31, 2024
In determining whether incorporation of a city is in the
					 best interests of the state under
					 AS
					 29.05.100(a), the commission
					 may consider relevant factors, including whether incorporation
(1) promotes maximum local self-government,
				  as determined under
				  3 AAC 110.981;
(2) promotes a minimum number of local
				  government units, as determined under
				  3 AAC 110.982 and in accordance with art. X, sec. 1,
				  Constitution of the State of Alaska;
(3) will relieve the state government of the
				  responsibility of providing local services; and
(4) is reasonably likely to expose the state
				  government to unusual and substantial risks as the prospective successor to the
				  city in the event of the city's dissolution.
Authority:
Art. X, sec. 1,
AS 29.05.100
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 2 - Standards for Incorporation of Boroughs › 3 AAC 110.045 - Relationship of interests

Current through May 31, 2024
(a) On a regional
				  scale suitable for borough government, the social, cultural, and economic
				  characteristics and activities of the people in a proposed borough must be
				  interrelated and integrated in accordance with
				  AS
				  29.05.031(a)(1) and art. X,
				  sec. 3, Constitution of the State of Alaska. In this regard, the commission may
				  consider relevant factors, including the
(1)
				  compatibility of urban and rural areas within the proposed borough;
(2) compatibility of economic lifestyles and
				  industrial or commercial activities;
(3) existence throughout the proposed borough
				  of customary and simple transportation and communication patterns;
(4) extent and accommodation of spoken
				  language differences throughout the proposed borough; and
(5) existence throughout the proposed borough
				  of organized volunteer services such as fire departments or other emergency
				  services.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 2 - Standards for Incorporation of Boroughs › 3 AAC 110.050 - Population

Current through May 31, 2024
(a) The population of a proposed borough must
				  be sufficiently large and stable to support the proposed borough government in
				  accordance with
				  AS
				  29.05.031(a)(1) and art. X,
				  sec. 3, Constitution of the State of Alaska. In this regard, the commission may
				  consider relevant factors, including
(1)
				  census enumerations;
(2) durations
				  of residency;
(3) historical
				  population patterns;
(4) seasonal
				  population changes;
(5) age
				  distributions;
(6) contemporary and
				  historical public school enrollment data; and
(7) nonconfidential data from the Department
				  of Revenue regarding applications under AS 43.23 for permanent fund
				  dividends.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 2 - Standards for Incorporation of Boroughs › 3 AAC 110.055 - Resources

Current through May 31, 2024
In accordance with
					 AS
					 29.05.031(a)(3), the economy
					 of a proposed borough must include the human and financial resources necessary
					 to provide the development of essential municipal services on an efficient,
					 cost-effective level, In this regard, the commission
(1) will consider
(A) the reasonably anticipated functions of
				  the proposed borough;
(B) the
				  reasonably anticipated expenses of the proposed borough;
(C) the ability of the proposed borough to
				  generate and collect revenue at the local level;
(D) the reasonably anticipated income of the
				  proposed borough;
(E) the
				  feasibility and plausibility of the anticipated operating and capital budgets
				  of the proposed borough through the period extending one full fiscal year
				  beyond the reasonably anticipated date
(i)
				  for receipt of the final organization grant under
				  AS
				  29.05.190;
(ii) for completion of the transition set out
				  in AS
				  29.05.130-29.05.140 and
				  3 AAC 110.900; and
(iii) on which the proposed borough will make
				  its first full local contribution required under
				  AS
				  14.17.410(b)(2);
(F) the economic base of the area
				  within the proposed borough;
(G)
				  valuations of taxable property within the proposed borough;
(H) land use within the proposed
				  borough;
(I) existing and
				  reasonably anticipated industrial, commercial, and resource development for the
				  proposed borough; and
(J) personal
				  income of residents within the proposed borough; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 2 - Standards for Incorporation of Boroughs › 3 AAC 110.060 - Boundaries

Current through May 31, 2024
(a) In accordance with
				  AS
				  29.05.031(a)(2) and art. X,
				  sec. 3, Constitution of the State of Alaska, the boundaries of a proposed
				  borough must conform generally to natural geography, must be on a regional
				  scale suitable for borough government, and must include all land and water
				  necessary to provide the full development of essential municipal services on an
				  efficient, cost-effective level. In this regard, the commission may consider
				  relevant factors, including
(1) land use and
				  ownership patterns;
(2) ethnicity
				  and cultures;
(3) repealed
				  1/9/2008;
(4) existing and
				  reasonably anticipated transportation patterns and facilities;
(5) natural geographical features and
				  environmental factors;
(6) repealed
				  1/9/2008; and
(7) existing and
				  reasonably anticipated industrial, commercial, and resource development within
				  the proposed borough.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 2 - Standards for Incorporation of Boroughs › 3 AAC 110.065 - Best interests of state

Current through May 31, 2024
In determining whether incorporation of a borough is in the
					 best interests of the state under
					 AS
					 29.05.100(a), the commission
					 may consider relevant factors, including whether incorporation
(1) promotes maximum local self-government,
				  as determined under
				  3 AAC 110.981;
(2) promotes a minimum number of local
				  government units, as determined under
				  3 AAC 110.982 and in accordance with art. X, sec. 1,
				  Constitution of the State of Alaska;
(3) will relieve the state government of the
				  responsibility of providing local services; and
(4) is reasonably likely to expose the state
				  government to unusual and substantial risks as the prospective successor to the
				  borough in the event of the borough's dissolution.
Authority:
Art. X, sec. 1,
AS 29.05.100
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 2 - Standards for Incorporation of Boroughs › 3 AAC 110.067 - Applicability

Current through May 31, 2024
The provisions of
					 3 AAC 110.045 -
					 3 AAC 110.065 apply to a petition for borough
					 incorporation using either
(1) the
				  legislative review method provided in art. X, sec. 12, Constitution of the
				  State of Alaska; or
(2) the local
				  option methods provided in AS 29.05.
Authority:
Art. X, sec. 1,
AS 29.05.100
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.090 - Need

Current through May 31, 2024
(a) The territory must exhibit a reasonable
				  need for city government. In this regard, the commission may consider relevant
				  factors, including
(1) existing or reasonably
				  anticipated social or economic conditions, including the extent to which
				  residential and commercial growth of the community has occurred or is
				  reasonably expected to occur beyond the existing boundaries of the city during
				  the 10 years following the effective date of annexation;
(2) existing or reasonably anticipated
				  health, safety, and general welfare conditions;
(3) existing or reasonably anticipated
				  economic development;
(4) adequacy
				  of existing services;
(5)
				  extraterritorial powers available to the city to which the territory is
				  proposed to be annexed and extraterritorial powers of nearby municipalities;
				  and
(6) whether residents or
				  property owners within the territory receive, or may be reasonably expected to
				  receive, directly or indirectly, the benefit of services and facilities
				  provided by the annexing city.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.100 - Character

Current through May 31, 2024
The territory must be compatible in character with the
					 annexing city. In this regard, the commission may consider relevant factors,
					 including the
(1) land use,
				  subdivision platting, and ownership patterns;
(2) salability of land for residential,
				  commercial, or industrial purposes;
(3) population density;
(4) cause of recent population
				  changes;
(5) suitability of the
				  territory for reasonably anticipated community purposes;
(6) existing and reasonably anticipated
				  transportation patterns and facilities; and
(7) natural geographical features and
				  environmental factors.
Authority:
Art. X, sec. 1,
AS 29.06.040
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.110 - Resources

Current through May 31, 2024
The economy within the proposed expanded boundaries of the
					 city must include the human and financial resources necessary to provide
					 essential municipal services on an efficient, cost-effective level. In this
					 regard, the commission may consider relevant factors, including the
(1) reasonably anticipated functions of the
				  city in the territory being annexed;
(2) reasonably anticipated new expenses of
				  the city that would result from annexation;
(3) actual income and the reasonably
				  anticipated ability to generate and collect local revenue and income from the
				  territory;
(4) feasibility and
				  plausibility of those aspects of the city's anticipated operating and capital
				  budgets that would be affected by the annexation through the period extending
				  one full fiscal year beyond the reasonably anticipated date for completion of
				  the transition set out in
				  3 AAC 110.900;
(5) economic base of the territory within the
				  city after annexation;
(6)
				  valuations of taxable property in the territory proposed for
				  annexation;
(7) land use in the
				  territory proposed for annexation;
(8) existing and reasonably anticipated
				  industrial, commercial, and resource development in the territory proposed for
				  annexation;
(9) personal income of
				  residents in the territory and in the city; and
(10) need for and availability of employable
				  skilled and unskilled persons to serve the city government as a result of
				  annexation.
Authority:
Art. X, sec. 1,
AS 29.06.040
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.120 - Population

Current through May 31, 2024
The population within the proposed expanded boundaries of
					 the city must be sufficiently large and stable to support the extension of city
					 government. In this regard, the commission may consider relevant factors,
					 including
(1) census
				  enumerations;
(2) duration of
				  residency;
(3) historical
				  population patterns;
(4) seasonal
				  population changes;
(5) age
				  distributions;
(6) contemporary and
				  historical public school enrollment data; and
(7) nonconfidential data from the Department
				  of Revenue regarding applications under AS 43.23 for permanent fund
				  dividends.
Authority:
Art. X, sec. 1,
AS 29.06.040
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.130 - Boundaries

Current through May 31, 2024
(a) The proposed expanded boundaries of the
				  city must include all land and water necessary to provide the development of
				  essential municipal services on an efficient, cost-effective level. In this
				  regard, the commission may consider relevant factors, including
(1) land use and ownership
				  patterns;
(2) population
				  density;
(3) existing and
				  reasonably anticipated transportation patterns and facilities;
(4) natural geographical features and
				  environmental factors; and
(5)
				  extraterritorial powers of cities.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.135 - Best interests of state

Current through May 31, 2024
In determining whether annexation to a city is in the best
					 interests of the state under
					 AS
					 29.06.040(a), the commission
					 may consider relevant factors, including whether annexation
(1) promotes maximum local self-government,
				  as determined under
				  3 AAC 110.981;
(2) promotes a minimum number of local
				  government units, as determined under
				  3 AAC 110.982 and in accordance with art. X, sec. 1,
				  Constitution of the State of Alaska; and
(3) will relieve the state government of the
				  responsibility of providing local services.
Authority:
Art. X, sec. 1,
AS 29.06.040
AS 44.33.812
Ak Const.
Art. X, sec. 5,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.140 - Legislative review

Current through May 31, 2024
Territory that meets the annexation standards specified in
					 3 AAC 110.090 -
					 3 AAC 110.135 may be annexed to a city by the
					 legislative review process if the commission also determines that any one of
					 the following circumstances exists:
(1) the territory is wholly or substantially
				  surrounded by the annexing city;
(2) the health, safety, or general welfare of
				  city residents is or will be endangered by conditions existing or potentially
				  developing in the territory, and annexation will enable the city to regulate or
				  control the detrimental effects of those conditions;
(3) the extension of city services or
				  facilities into the territory is necessary to enable the city to provide
				  adequate services to city residents, and it is impossible or impractical for
				  the city to extend the facilities or services unless the territory is within
				  the boundaries of the city;
(4)
				  residents or property owners within the territory receive, or may be reasonably
				  expected to receive, directly or indirectly, the benefit of city government
				  without commensurate tax contributions, whether these city benefits are
				  rendered or received inside or outside the territory, and no practical or
				  equitable alternative method is available to offset the cost of providing these
				  benefits;
(5) annexation of the
				  territory will enable the city to plan and control reasonably anticipated
				  growth or development in the territory that otherwise may adversely impact the
				  city;
(6) repealed
				  5/19/2002;
(7) annexation of the
				  territory will promote
(A) maximum local
				  self-government, as determined under
				  3 AAC 110.981; and
(B) a minimum number of local government
				  units, as determined under
				  3 AAC 110.982 and in accordance with art. X, sec. 1,
				  Constitution of the State of Alaska;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 3 - Standards for Annexation to Cities › 3 AAC 110.150 - Local action

Current through May 31, 2024
Territory contiguous to the annexing city, that meets the
					 annexation standards specified in
					 3 AAC 110.090 -
					 3 AAC 110.135 and has been approved for local action
					 annexation by the commission, may be annexed to a city by any one of the
					 following actions:
(1) city ordinance
				  if the territory is wholly owned by the annexing city;
(2) city ordinance and a petition signed by
				  all the voters and property owners of the territory;
(3) approval by a majority of votes on the
				  question cast by voters residing in
(A) the
				  territory; and
(B) the annexing
				  city;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 4 - Standards for Annexation to Boroughs › 3 AAC 110.160 - Relationship of interests

Current through May 31, 2024
(a) On a regional
				  scale suitable for borough government, the social, cultural, and economic
				  characteristics and activities of the people in the area proposed for
				  annexation must be interrelated and integrated with the characteristics and
				  activities of the people in the existing borough. In this regard, the
				  commission may consider relevant factors, including the
(1) compatibility of urban and rural areas
				  within the proposed expanded boundaries of the borough;
(2) compatibility of economic lifestyles and
				  industrial or commercial activities within the proposed expanded boundaries of
				  the borough;
(3) existence of
				  customary and simple transportation and communication patterns throughout the
				  proposed expanded boundaries of the borough; and
(4) extent and accommodation of spoken
				  language differences throughout the proposed expanded boundaries of the
				  borough.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 4 - Standards for Annexation to Boroughs › 3 AAC 110.170 - Population

Current through May 31, 2024
The population of the proposed borough after annexation
					 must be sufficiently large and stable to support the resulting borough. In this
					 regard, the commission may consider relevant factors, including
(1) census enumerations;
(2) durations of residency;
(3) historical population patterns;
(4) seasonal population changes;
(5) age distributions;
(6) contemporary and historical public school
				  enrollment data; and
(7)
				  nonconfidential data from the Department of Revenue regarding applications
				  under AS 43.23 for permanent fund dividends.
Authority:
Art. X, sec. 1,
AS 29.06.040
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 12,
Ak Const.