Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.900 - Transition

Current through May 31, 2024
(a) A petition for incorporation, annexation,
				  merger, or consolidation must include a practical plan that demonstrates the
				  capacity of the municipal government to extend essential municipal services
				  into the boundaries proposed for change in the shortest practicable time after
				  the effective date of the proposed change. A petition for municipal detachment
				  or dissolution under AS 29.06, or a city reclassification under AS 29.04, must
				  include a practical plan demonstrating the transition or termination of
				  municipal services in the shortest practicable time after detachment,
				  dissolution, or city reclassification.
(b) Each petition must include a practical
				  plan for the assumption of all relevant and appropriate powers, duties, rights,
				  and functions presently exercised by an existing borough, city, unorganized
				  borough service area, or other appropriate entity located within the boundaries
				  proposed for change. The plan must be prepared in consultation with the
				  officials of each existing borough, city, and unorganized borough service area
				  and must be designed to effect an orderly, efficient, and economical transfer
				  within the shortest practicable time, not to exceed two years after the
				  effective date of the proposed change.
(c) Each petition must include a practical
				  plan for the transfer and integration of all relevant and appropriate assets
				  and liabilities of an existing borough, city, unorganized borough service area,
				  and other entity located within the boundaries proposed for change. The plan
				  must be prepared in consultation with the officials of each existing borough,
				  city, and unorganized borough service area wholly or partially included within
				  the boundaries proposed for change and must be designed to effect an orderly,
				  efficient, and economical transfer within the shortest practicable time, not to
				  exceed two years after the date of the proposed change. The plan must
				  specifically address procedures that ensure that the transfer and integration
				  occur without loss of value in assets, loss of credit reputation, or a reduced
				  bond rating for liabilities.
(d)
				  Before approving a proposed change, the commission may require that all
				  boroughs, cities, unorganized borough service areas, or other entities wholly
				  or partially included within the boundaries of the proposed change execute an
				  agreement prescribed or approved by the commission for the assumption of
				  powers, duties, rights, and functions, and for the transfer and integration of
				  assets and liabilities.
(e) The
				  transition plan must state the names and titles of all officials of each
				  existing borough, city, and unorganized borough service area that were
				  consulted by the petitioner. The dates on which that consultation occurred and
				  the subject addressed during that consultation must also be listed.
(f) If a prospective petitioner has been
				  unable to consult with officials of an existing borough, city, or unorganized
				  borough service area because those officials have chosen not to consult or were
				  unavailable during reasonable times to consult with a prospective petitioner,
				  the prospective petitioner may request that the commission waive the
				  requirement for consultation with those officials. The request for a waiver
				  must document all attempts by the prospective petitioner to consult with
				  officials of each existing borough, city, and unorganized borough service area.
				  If the commission determines that the prospective petitioner acted in good
				  faith and that further efforts to consult with the officials would not be
				  productive in a reasonable period of time, the commission may waive the
				  requirement for consultation.
Authority:
Art. X, sec. 1,
AS 29.04.040
AS 29.05.100
AS 29.05.130
AS 29.05.140
AS 29.06.040
AS 29.06.090
AS 29.06.130
AS 29.06.150
AS 29.06.160
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.