reglab/statecodes huggingface dataset:
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 110.180 - Resources

Current through May 31, 2024
The economy within the proposed expanded boundaries of the
					 borough must include the human and financial resources necessary to provide the
					 development of essential municipal services. In this regard, the commission may
					 consider relevant factors, including the
(1) reasonably anticipated functions of the
				  borough in the area proposed for annexation;
(2) reasonably anticipated new expenses of
				  the borough that would result from annexation;
(3) actual income and the reasonably
				  anticipated ability of the borough to generate and collect local revenue and
				  income from the new area;
(4)
				  feasibility and plausibility of those aspects of the borough's anticipated
				  operating and capital budgets that would be affected by 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 area within the
				  borough after annexation;
(6)
				  valuations of taxable property in the area proposed for annexation;
(7) land use in the area proposed for
				  annexation;
(8) existing and
				  reasonably anticipated industrial, commercial, and resource development in the
				  area proposed for annexation;
(9)
				  personal income of residents in the area to be annexed and in the borough;
				  and
(10) the need for and
				  availability of employable skilled and unskilled persons to serve the borough
				  government as a result of annexation.
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.
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 110.190 - Boundaries

Current through May 31, 2024
(a) The proposed expanded boundaries of the
				  borough must conform generally to natural geography and must include all land
				  and water necessary to provide the development of essential municipal services.
				  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; and
(6)
				  extraterritorial powers of boroughs.
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 110.195 - Best interests of state

Current through May 31, 2024
In determining whether annexation to a borough 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. 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 4 - Standards for Annexation to Boroughs › 3 AAC 110.200 - Legislative review

Current through May 31, 2024
Area that meets the annexation standards specified in
					 3 AAC 110.160 -
					 3 AAC 110.195 may be annexed to a borough by the
					 legislative review process if the commission also determines that any one of
					 the following circumstances exists:
(1) the area manifests a reasonable need for
				  borough government that can be met most efficiently and effectively by the
				  annexing borough;
(2) the area is
				  wholly or substantially surrounded by the annexing borough;
(3) the health, safety, or general welfare of
				  borough residents is or will be endangered by conditions existing or
				  potentially developing in the area, and annexation will enable the borough to
				  regulate or control the detrimental effect of those conditions;
(4) the extension of borough services or
				  facilities into the area is necessary to enable the borough to provide adequate
				  services to borough residents, and it is impossible or impractical for the
				  borough to extend the facilities or services unless the area is within the
				  boundaries of the borough;
(5)
				  residents or property owners within the area receive, or may be reasonably
				  expected to receive, directly or indirectly, the benefit of borough government
				  without commensurate tax contributions, whether these benefits are rendered or
				  received inside or outside the area, and no practical or equitable alternative
				  method is available to offset the cost of providing these benefits;
(6) annexation of the area will enable the
				  borough to plan and control reasonably anticipated growth or development in the
				  area that otherwise may adversely impact the borough;
(7) repealed 5/19/2002;
(8) annexation of the area 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 4 - Standards for Annexation to Boroughs › 3 AAC 110.210 - Local action

Current through May 31, 2024
Area that meets the annexation standards specified in
					 3 AAC 110.160 -
					 3 AAC 110.195 and has been approved for local action
					 annexation by the commission may be annexed to a borough by any one of the
					 following actions:
(1) borough
				  ordinance if the area is wholly owned by the annexing borough;
(2) borough ordinance and a petition signed
				  by all the voters and property owners of the area;
(3) approval by a majority of votes on the
				  question cast by voters residing in
(A) the
				  area; and
(B) the annexing
				  borough;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 5 - Standards for Merger of Municipalities › 3 AAC 110.220 - Standards

Current through May 31, 2024
(a) Two or more municipalities may merge if,
				  in accordance with
				  AS
				  29.06.130, the commission determines that the
				  proposed merger
(1) meets the standards in
				  3 AAC 110.220 -
				  3 AAC 110.235 and
(A)
				  for a proposal to form a merged city, meets the standards for incorporation of
				  cities, as set out in the Constitution of the State of Alaska, AS 29.05,
				  3 AAC 110.005 -
				  3 AAC 110.042, and
				  3 AAC 110.900 -
				  3 AAC 110.970; or
(B) for a proposal to form a merged borough,
				  meets the standards for incorporation of boroughs, as set out in the
				  Constitution of the State of Alaska, AS 29.05,
				  3 AAC 110.045 -
				  3 AAC 110.067, and
				  3 AAC 110.900 -
				  3 AAC 110.970; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 5 - Standards for Merger of Municipalities › 3 AAC 110.225 - Best interests of the state

Current through May 31, 2024
In determining whether merger is in the best interests of
					 the state under
					 AS
					 29.06.130, the commission may consider
					 relevant factors, including
(1) the
				  ability of the proposed merged municipality to efficiently and effectively
				  provide reasonably necessary facilities and services after merger;
(2) the effect of the proposed merger on the
				  long-term stability of the finances of the proposed merged municipality, other
				  municipalities, and the state;
(3)
				  whether the proposed merger 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; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 5 - Standards for Merger of Municipalities › 3 AAC 110.230 - Local option

Current through May 31, 2024
Municipalities that meet the merger standards required
					 under 3 AAC 110.220 -
					 3 AAC 110.225, and are approved by the commission for
					 local option merger, may merge if the petition for merger is submitted by the
					 number of voters required under
					 AS
					 29.06.100(a), and if a
					 majority of the voters in the remaining municipality vote in favor of the
					 merger in a subsequent election. The election must be held in accordance with
					 AS
					 29.06.140.
Authority:
Art. X, sec. 1,
AS 29.06.090
AS 44.33.812
Ak Const.
Art. X, sec. 3,
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 5 - Standards for Merger of Municipalities › 3 AAC 110.235 - Legislative review

Current through May 31, 2024
(a) Municipalities that meet the merger
				  standards required under
				  3 AAC 110.220 -
				  3 AAC 110.225 and are approved by the commission for
				  legislative review merger, may merge 45 days after presentation to the
				  legislature of the commission's final decision on a legislative review petition
				  if the legislature has not disapproved the decision.
(b) Under
				  AS
				  29.06.140, the director of elections shall
				  conduct the election of officials of the municipality merged through the
				  legislative review process. The date of the election is the effective date of
				  the merger.
Authority:
Art. X, sec. 1,
AS 29.06.090
AS 44.33.812
Ak Const.
Art. X, sec. 3,
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 6 - Standards for Consolidation of Municipalities › 3 AAC 110.240 - Standards

Current through May 31, 2024
(a) Two or more municipalities may
				  consolidate to form a new municipality if, in accordance with
				  AS
				  29.06.130, the commission determines that the
				  proposed consolidation
(1) meets the
				  standards in
				  3 AAC 110.240 -
				  3 AAC 110.245 and
(A)
				  for a proposal to form a consolidated city, meets the standards for
				  incorporation of cities, as set out in the Constitution of the State of Alaska,
				  AS 29.05, 3 AAC 110.005 -
				  3 AAC 110.042, and
				  3 AAC 110.900 -
				  3 AAC 110.970; or
(B) for a proposal to form a consolidated
				  borough, meets the standards for incorporation of boroughs, as set out in the
				  Constitution of the State of Alaska, AS 29.05,
				  3 AAC 110.045 -
				  3 AAC 110.067, and
				  3 AAC 110.900 -
				  3 AAC 110.970; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 6 - Standards for Consolidation of Municipalities › 3 AAC 110.245 - Best interests of state

Current through May 31, 2024
In determining whether consolidation is in the best
					 interests of the state under
					 AS
					 29.06.130, the commission may consider
					 relevant factors, including
(1) the
				  ability of the proposed consolidated municipality to efficiently and
				  effectively provide reasonably necessary facilities and services after
				  consolidation;
(2) the effect of
				  the proposed consolidation on the long-term stability of the finances of the
				  proposed consolidated municipality, other municipalities, and the
				  state;
(3) whether the proposed
				  consolidation 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; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 6 - Standards for Consolidation of Municipalities › 3 AAC 110.250 - Local option

Current through May 31, 2024
Municipalities that meet the consolidation standards
					 required under
					 3 AAC 110.240 -
					 3 AAC 110.245, and are approved by the commission for
					 local option consolidation, may consolidate if the petition for consolidation
					 was submitted by the number of voters required under
					 AS
					 29.06.100(a), and if a
					 majority of the voters in the proposed new municipality vote in favor of the
					 consolidation in a subsequent election. The election must be held in accordance
					 with AS
					 29.06.140.
Authority:
Art. X, sec. 1,
AS 29.06.090
AS 44.33.812
Ak Const.
Art. X, sec. 3,
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 6 - Standards for Consolidation of Municipalities › 3 AAC 110.255 - Legislative review

Current through May 31, 2024
(a) Municipalities that meet the
				  consolidation standards required under
				  3 AAC 110.240 -
				  3 AAC 110.245, and are approved by the commission for
				  legislative review consolidation, may consolidate 45 days after presentation to
				  the legislature of the commission's final decision on a legislative review
				  petition if the legislature has not disapproved the decision.
(b) Under
				  AS
				  29.06.140, the director of elections shall
				  conduct the election of officials of the municipality consolidated through the
				  legislative review process. The date of the election is the effective date of
				  the consolidation.
Authority:
Art. X, sec. 1,
AS 29.06.090
AS 44.33.812
Ak Const.
Art. X, sec. 3,
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 7 - Standards for Detachment from Cities › 3 AAC 110.257 - Standards for detachment from cities

Current through May 31, 2024
In accordance with
					 AS
					 29.06.040(a), the commission
					 may approve a proposal for detachment from a city only if the commission
					 determines that the proposal
(1) meets
				  applicable standards under the Constitution of the State of Alaska;
(2) meets standards in
				  3 AAC 110.257 -
				  3 AAC 110.260 and
				  3 AAC 110.900 -
				  3 AAC 110.970; and
(3) is in the best interests of the
				  state.
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 7 - Standards for Detachment from Cities › 3 AAC 110.260 - Best interests of state

Current through May 31, 2024
(a) In determining
				  whether detachment from a city is in the best interests of the state under
				  AS
				  29.06.040, the commission may consider
				  relevant factors, including
(1) the health,
				  safety, and general welfare of the proposed remnant city and the territory
				  after detachment;
(2) the ability
				  of the proposed remnant city to efficiently and effectively provide reasonably
				  necessary facilities and services after detachment;
(3) the reasonably anticipated potential for,
				  and impact of, future population growth or economic development that will
				  require local government regulation in the territory after
				  detachment;
(4) the historical
				  pattern of providing to the territory municipal services that have been, or
				  should be, supported by tax levies in the territory;
(5) the historical pattern of cooperation and
				  shared commitment between the people of the proposed remnant city and the
				  people of the territory;
(6) the
				  extent to which detachment might enhance or diminish the ability of the
				  proposed remnant city to meet the standards for incorporation of cities, as set
				  out in the Constitution of the State of Alaska, AS 29.05,
				  3 AAC 110.005 -
				  3 AAC 110.042, and
				  3 AAC 110.900 -
				  3 AAC 110.970;
(7) the extent to which a transition plan of
				  a previous annexation has been implemented and is effective;
(8) the effect of the proposed detachment on
				  the long-term stability of the finances of the proposed remnant city, other
				  municipalities, and the state;
(9)
				  whether the proposed detachment 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;
(10) whether the territory's requirements for
				  local government services will be adequately met following
				  detachment;
(11) contemporary and
				  historical public school enrollment data; and
(12) 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 7 - Standards for Detachment from Cities › 3 AAC 110.263 - Legislative review

Current through May 31, 2024
Territory that meets the detachment standards specified in
					 3 AAC 110.257 -
					 3 AAC 110.260 may detach from a city by the legislative
					 review process if the commission also determines that any one of the following
					 circumstances exists:
(1) the health,
				  safety, or general welfare of city residents is or will be endangered by
				  conditions existing or potentially developing in the territory, and detachment
				  will enable the city to regulate or control the detrimental effects of those
				  conditions;
(2) it is impossible or
				  impractical for the city to extend facilities or services to the
				  territory;
(3) residents or
				  property owners within the territory have not received, and do not reasonably
				  expect to receive, directly or indirectly, the benefit of city government
				  without significant additional tax contributions;
(4) the commission determines that specific
				  policies set out in the Constitution of the State of Alaska, AS 29.04, AS
				  29.05, or AS 29.06 are best served through detachment of the territory by the
				  legislative review process, and that detachment is in the best interests of the
				  state.
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 7 - Standards for Detachment from Cities › 3 AAC 110.265 - Local action

Current through May 31, 2024
Territory that meets the detachment standards specified in
					 3 AAC 110.257 -
					 3 AAC 110.260 and has been approved for local action
					 detachment by the commission may be detached from a city upon approval by a
					 majority of voters residing in the territory voting on the question at an
					 election.
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 8 - Standards for Detachment from Boroughs › 3 AAC 110.267 - Standards for detachment from boroughs

Current through May 31, 2024
In accordance with
					 AS
					 29.06.040(a), the commission
					 may approve a proposal for detachment from a borough only if the commission
					 determines that the proposal
(1) meets
				  applicable standards under the Constitution of the State of Alaska;
(2) meets standards in
				  3 AAC 110.267 -
				  3 AAC 110.270 and
				  3 AAC 110.900 -
				  3 AAC 110.970; and
(3) is in the best interests of the
				  state.
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.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 8 - Standards for Detachment from Boroughs › 3 AAC 110.270 - Best interests of state

Current through May 31, 2024
(a) In determining
				  whether detachment from a borough is in the best interests of the state under
				  AS
				  29.06.040, the commission may consider
				  relevant factors, including
(1) the health,
				  safety, and general welfare of the proposed remnant borough and the area after
				  detachment;
(2) the ability of the
				  proposed remnant borough to efficiently and effectively provide reasonably
				  necessary facilities and services after detachment;
(3) the reasonably anticipated potential for,
				  and impact of, future population growth or economic development that will
				  require local government regulation in the area after detachment;
(4) the historical pattern of providing to
				  the area municipal services that have been, or should be, supported by tax
				  levies in the area;
(5) the
				  historical pattern of cooperation and shared commitment between the people of
				  the proposed remnant borough and the people of the area;
(6) the extent to which detachment might
				  enhance or diminish the ability of the proposed remnant borough to meet the
				  standards for incorporation of boroughs, as set out in the Constitution of the
				  State of Alaska, AS 29.05,
				  3 AAC 110.045 -
				  3 AAC 110.065, and
				  3 AAC 110.900 -
				  3 AAC 110.970;
(7) the extent to which a transition plan of
				  a previous annexation has been implemented and is effective;
(8) the effect of the proposed detachment on
				  the long-term stability of the finances of the proposed remnant borough, other
				  municipalities, and the state;
(9)
				  whether the proposed detachment 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;
(10) whether the area's requirements for
				  local government services will be adequately met following
				  detachment;
(11) contemporary and
				  historical public school enrollment data; and
(12) 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 8 - Standards for Detachment from Boroughs › 3 AAC 110.272 - Effect of detachment on education

Current through May 31, 2024
In addition to the information required by a petition form
					 under 3 AAC 110.420, a petition that
					 proposes to detach an area from an organized borough and include that area in
					 the unorganized borough must explain in the brief required under
					 3 AAC 110.420(b) (19) the plan for
					 education by a regional educational attendance area in the detached area,
					 including a proposal to work with the department and the Department of
					 Education and Early Development to implement the plan.
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.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 8 - Standards for Detachment from Boroughs › 3 AAC 110.273 - Legislative review

Current through May 31, 2024
An area that meets the detachment standards specified in
					 3 AAC 110.267 -
					 3 AAC 110.270 may detach from a borough by the
					 legislative review process if the commission also determines that any one of
					 the following circumstances exists:
(1) the health, safety, or general welfare of
				  borough residents is or will be endangered by conditions existing or
				  potentially developing in the area, and detachment will enable the area to
				  regulate or control the detrimental effects of those conditions;
(2) it is impossible or impractical for the
				  borough to extend facilities or services to the area;
(3) residents or property owners within the
				  area have not received, and do not reasonably expect to receive, directly or
				  indirectly, the benefit of borough government without significant additional
				  tax contributions;
(4) the
				  commission determines that specific policies set out in the Constitution of the
				  State of Alaska or AS 29.04, AS 29.05, or AS 29.06 are best served through
				  detachment of the area by the legislative review process and that detachment is
				  in the best interests of the state.
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.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 8 - Standards for Detachment from Boroughs › 3 AAC 110.275 - Local action

Current through May 31, 2024
An area that meets the detachment standards specified in
					 3 AAC 110.267 -
					 3 AAC 110.270 and has been approved for local action
					 detachment by the commission, may be detached from a borough upon approval by a
					 majority of voters residing in the area voting on the question at an
					 election.
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.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 9 - Standards for Dissolution of Cities › 3 AAC 110.280 - Commission standards

Current through May 31, 2024
(a) After filing a petition under
				  AS
				  29.06.450(a)(1), a city may
				  dissolve if the commission determines that
(1) dissolution of the city is in the best
				  interests of the state;
(2) the
				  city is free of debt or has satisfied each creditor with a method of repayment;
				  and
(3) the city
(A) no longer meets the standards for
				  incorporation of cities, as set out in AS 29.05 and
				  3 AAC 110.005 -
				  3 AAC 110.042;
(B) has ceased to exercise any of its
				  mandatory powers; or
(C) is
				  included within an organized borough that assumes, on an areawide, nonareawide,
				  or service-area basis, all the rights, powers, duties, assets, and liabilities
				  of the city.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 9 - Standards for Dissolution of Cities › 3 AAC 110.290 - Local option standards

Current through May 31, 2024
(a) A city may
				  dissolve using the local option method identified in
				  AS
				  29.06.450(a)(2) if the
				  voters of the city file a petition for dissolution under
				  AS
				  29.06.460 and the commission determines that
				  the city qualifies for dissolution under
				  AS
				  29.06.470(a) or
				  AS
				  29.06.470(b). The commission
				  will deny or accept a petition in accordance with AS 29.06.
(b) Except as otherwise provided in this
				  subsection in determining whether a city is free of debt or has satisfied each
				  creditor with a method of repayment under
				  AS
				  29.06.470, the commission will require an
				  audit identifying all assets and liabilities of the city. For the proposed
				  dissolution of a home rule or first class city, and for the proposed
				  dissolution of a second class city that has undergone an audit in each of the
				  three years immediately preceding the petition for dissolution, the audit must
				  be performed by an independent certified public accountant. For the proposed
				  dissolution of a second class city that has not undergone an audit in each of
				  the three years immediately preceding the petition for dissolution, the
				  department shall submit a written report identifying all assets and liabilities
				  of that city proposed for dissolution.
Authority:
Art. X, sec. 1,
AS 29.06.450
AS 29.06.460
AS 29.06.470
AS 29.06.500
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 9 - Standards for Dissolution of Cities › 3 AAC 110.295 - Legislative review

Current through May 31, 2024
The commission may determine whether its decision favoring
					 dissolution of a city will be submitted for legislative review in accordance
					 with art. X, sec. 12, Constitution of the State of Alaska.
The substance of
						3 AAC 110.295 was formerly located at
						3 AAC 110.280(b). The history note does
						not reflect the history of the earlier
						regulation.
Authority:
Art. X, sec. 1,
AS 29.06.450
AS 29.06.460
AS 29.06.470
AS 29.06.500
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 9 - Standards for Dissolution of Cities › 3 AAC 110.300 - Best interests of state

Current through May 31, 2024
(a) In determining
				  whether dissolution of a city is in the best interests of the state under
				  AS
				  29.06.500(a) or
				  3 AAC 110.280, the commission may consider relevant
				  factors, including
(1) the extent to which
				  the city is providing services, receiving revenue, and incurring
				  debt;
(2) whether a government or
				  organization other than the state is willing and able to provide all services
				  and facilities necessary to meet the needs of the community;
(3) whether dissolution of the city is likely
				  to endanger the health, safety, or general welfare of residents in or near the
				  city proposed for dissolution;
(4)
				  the effect that the proposed dissolution will have on the harmony of relations
				  among residents of the city proposed for dissolution, and between the residents
				  of the city and others residing near the city;
(5) the social and economic impacts of the
				  proposed dissolution on other municipalities or communities in the
				  state;
(6) the effect of the
				  proposed dissolution on the long-term stability of the finances of other
				  municipalities and the state; and
(7) circumstances identified by the
				  commission reflecting the legal standards and principles that guide commission
				  action in furthering the development of maximum local self-government with a
				  minimum number of local government units.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 10 - Standards for Dissolution of Boroughs › 3 AAC 110.310 - Commission standards

Current through May 31, 2024
(a) After filing a petition under
				  AS
				  29.06.450(a)(1), a borough
				  may dissolve if the commission determines that
(1) dissolution of the borough is in the best
				  interests of the state;
(2) the
				  borough is free of debt or has satisfied each creditor with a method of
				  repayment; and
(3) the borough
(A) no longer meets the standards for
				  incorporation of boroughs, as set out in the Constitution of the State of
				  Alaska, AS 29.05, and
				  3 AAC 110.045 -
				  3 AAC 110.065, and dissolution is in the best interests
				  of the state;
(B) has ceased to
				  exercise any of its mandatory powers; or
(C) is a unified municipality and is subject
				  to a petition for deunification under
				  3 AAC 110.331 -
				  3 AAC 110.333.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 10 - Standards for Dissolution of Boroughs › 3 AAC 110.320 - Local option standards

Current through May 31, 2024
(a) A borough may
				  dissolve using the local option method identified in
				  AS
				  29.06.450(a)(2) if the
				  voters of the borough file a petition for dissolution under
				  AS
				  29.06.460 and the commission determines that
				  the borough qualifies for dissolution under
				  AS
				  29.06.470(a) or
				  AS
				  29.06.470(b). The commission
				  will deny or accept a petition in accordance with AS 29.06.
(b) In determining whether a borough is free
				  of debt or has satisfied each creditor with a method of repayment under
				  AS
				  29.06.470, the commission will require an
				  audit performed by an independent certified public accountant identifying all
				  assets and liabilities of the borough.
Authority:
Art. X, sec. 1,
AS 29.06.450
AS 29.06.460
AS 29.06.470
AS 29.06.500
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 10 - Standards for Dissolution of Boroughs › 3 AAC 110.325 - Legislative review

Current through May 31, 2024
The commission may determine whether its decision favoring
					 dissolution of a borough will be submitted for legislative review in accordance
					 with art. X, sec. 12, Constitution of the State of Alaska.
The substance of
						3 AAC 110.325 was formerly located at
						3 AAC 110.310(b). The history note does
						not reflect the history of the earlier
						regulation.
Authority:
Art. X, sec. 1,
AS 29.06.450
AS 29.06.460
AS 29.06.470
AS 29.06.500
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 10 - Standards for Dissolution of Boroughs › 3 AAC 110.330 - Best interests of state

Current through May 31, 2024
In determining whether dissolution of a borough is in the
					 best interests of the state under
					 AS
					 29.06.500(a) or
					 3 AAC 110.310, the commission may consider relevant
					 factors, including
(1) the extent to
				  which the borough is providing services, receiving revenue, and incurring
				  debt;
(2) whether a government or
				  organization other than the state is willing and able to provide all services
				  and facilities necessary to meet the needs of the area;
(3) whether dissolution of the borough is
				  likely to endanger the health, safety, or general welfare of residents in or
				  near the borough proposed for dissolution;
(4) the effect that the proposed dissolution
				  will have on the harmony of relations among residents of the borough proposed
				  for dissolution, and between the residents of the borough and others residing
				  near the borough;
(5) the social
				  and economic impacts of the proposed dissolution on other municipalities or
				  communities in the state;
(6) the
				  effect of the proposed dissolution on the long-term stability of the finances
				  of other municipalities and the state; and
(7) circumstances identified by the
				  commission reflecting the legal standards and principles that guide commission
				  action in furthering the development of maximum local self-government with a
				  minimum number of local government units.
Authority:
Art. X, sec. 1,
AS 29.06.450
AS 29.06.500
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 11 - Standards for Deunification › 3 AAC 110.331 - Standards for deunification of a unified municipality

Current through May 31, 2024
(a) After filing a
				  petition as required under
				  3 AAC 110.310 and
				  3 AAC 110.420, a unified municipality may deunify and
				  incorporate as a non-unified home rule borough if the commission determines
				  that
(1) the municipality to deunify meets
				  the standards for incorporation of a borough, as set out in the Constitution of
				  the State of Alaska, AS 29.05,
				  3 AAC 110.045 -
				  3 AAC 110.065, and
				  3 AAC 110.900 -
				  3 AAC 110.970;
(2) deunification of the unified municipality
				  is in the best interest of that municipality and its citizens;
(3) deunification of the unified municipality
				  is in the best interests of the state;
(4) the non-unified home rule borough has all
				  the rights, powers, duties, assets, and liabilities of the former unified
				  municipality, and all charter provisions, ordinances, resolutions, regulations,
				  procedures, and orders of the former unified municipality remain in effect
				  except to the extent that any of them would otherwise prohibit the
				  incorporation of a city government within the boundaries of the former unified
				  municipality or is inconsistent with other provisions of the law and require an
				  amendment to any of those laws as provided in (b) of this section.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 11 - Standards for Deunification › 3 AAC 110.332 - Local option

Current through May 31, 2024
A unified municipality may deunify using the local option
					 method if
(1) a deunification petition
				  is filed with the department on the form prescribed by the
				  department;
(2) the petition is
				  signed by the number of voters equal to at least 25 percent of the number of
				  votes cast in the last regular election of the unified municipality;
				  and
(3) the commission determines
				  that the municipality qualifies for deunification and accepts the petition in
				  accordance with
				  AS
				  29.06.450(a)(1),
				  AS
				  29.05.031-29.05.100, and
				  3 AAC 110.310 -
				  3 AAC 110.333.
Authority:
Art. X, sec. 1,
AS 29.05.031
AS 29.06.450
AS 29.06.500
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 11 - Standards for Deunification › 3 AAC 110.333 - Best interests of the state

Current through May 31, 2024
In determining whether deunification of a unified
					 municipality is in the best interests of the state under
					 AS
					 29.06.500(a) or
					 3 AAC 110.310, the commission may consider relevant
					 factors, including
(1) whether
				  deunification promotes maximum local self-government;
(2) whether deunification 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) whether deunification is likely to
				  endanger the health, safety, or general welfare of residents in or near the
				  municipality proposed for deunification;
(4) the effect of deunification on the
				  harmony of relations among residents of the municipality proposed for
				  deunification;
(5) the social and
				  economic impacts of deunification on other municipalities or communities in the
				  state;
(6) the effect of
				  deunification on the long-term stability of the finances of the successor
				  non-unified home rule borough, other municipalities, and the state;
				  and
(7) circumstances identified by
				  the commission reflecting the legal standards and principles that guide
				  commission action in furthering the development of maximum local
				  self-government with a minimum number of local governmental units.
Authority:
Art. X, sec. 1,
AS 29.05.031
AS 29.06.450
AS 29.06.500
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 12 - Standards for Reclassification of Cities › 3 AAC 110.340 - Application of incorporation standards

Current through May 31, 2024
In determining whether a city satisfies the incorporation
					 standards for the class of city to which it is proposed to be reclassified
					 under AS
					 29.04.040(a), the commission
					 will consider the applicable standards under the Constitution of the State of
					 Alaska, AS 29.05.011,
					 AS
					 29.05.021,
					 3 AAC 110.005 -
					 3 AAC 110.042, and
					 3 AAC 110.900 -
					 3 AAC 110.970.
Authority:
Art. X, sec. 7,
AS 29.04.040
AS 44.33.812
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 12 - Standards for Reclassification of Cities › 3 AAC 110.350 - Best interests standard for a proposed second class city in the unorganized borough

Current through May 31, 2024
(a) In determining whether reclassification
				  of a home rule city or first class city to a second class city in the
				  unorganized borough is in the best interests of the state under
				  AS
				  29.04.040(a), the commission
				  may consider relevant factors, including the
(1) reasonably anticipated fiscal impact to
				  the state from the elimination of local contributions to the city school
				  district under
				  AS
				  14.17.410, changes in the district cost
				  factors under
				  AS
				  14.17.460, changes in funding under
				  20 U.S.C.
				  7703, and other effects;
(2) reasonably anticipated impacts on
				  education from combining the city school district and the regional educational
				  attendance area in which the city is located;
(3) ability of the city to provide essential
				  city services, meet its financial and contractual obligations, and otherwise
				  function under the more limited authority of a second class city to levy a
				  property tax;
(4) reasonably
				  anticipated need for mandatory planning, platting, and land use regulation
				  within the boundaries of the city;
(5) reasonably anticipated need for the city
				  to exercise the power of eminent domain; and
(6) likelihood that reclassification may
				  promote formation of an organized borough in the region.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 12 - Standards for Reclassification of Cities › 3 AAC 110.360 - Best interests standard for a proposed first class city in the unorganized borough

Current through May 31, 2024
(a) In determining whether reclassification
				  of a second class city to a first class city in the unorganized borough is in
				  the best interests of the state under
				  AS
				  29.04.040(a), the commission
				  may consider relevant factors, including
(1)
				  the reasonably anticipated fiscal impact to the state from the imposition of
				  local contributions to the city school district under
				  AS
				  14.17.410, changes in the district cost
				  factors under
				  AS
				  14.17.460, changes in funding under
				  20 U.S.C.
				  7703, and other effects;
(2) the reasonably anticipated impacts on
				  education resulting from the creation of a new city school district;
(3) repealed 1/9/2008;
(4) the need for the city to have greater
				  authority to levy a property tax in order to provide essential municipal
				  services;
(5) the need for
				  mandatory planning, platting, and land use regulation within the boundaries of
				  the city;
(6) the need for the city
				  to exercise the power of eminent domain; and
(7) the likelihood that reclassification will
				  diminish incentives or opportunities to form an organized borough.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 12 - Standards for Reclassification of Cities › 3 AAC 110.370 - Best interests standard for cities within an organized borough

Current through May 31, 2024
(a) In determining
				  whether reclassification of a city within an organized borough is in the best
				  interests of the state under
				  AS
				  29.04.040(a), the commission
				  may consider relevant factors, including the
(1) fiscal impact to the state;
(2) need for the city to have authority to
				  levy a property tax, and at what rate, to provide essential municipal services;
				  and
(3) need for the city to
				  exercise the power of eminent domain.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 12 - Standards for Reclassification of Cities › 3 AAC 110.371 - Reclassification of first class cities with a population less than 400

Current through May 31, 2024
The provisions of
					 3 AAC 110.340 -
					 3 AAC 110.370 do not apply to a reclassification request
					 submitted under
					 AS
					 29.04.045.
Authority:
Art. X. sec. 7, Ak Const.
AS 29.04.045
AS
						44.33.812
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.400 - Applicability

Current through May 31, 2024
Except as provided in
					 3 AAC 110.590 and
					 3 AAC 110.710,
					 3 AAC 110.410 -
					 3 AAC 110.700 apply to petitions for city
					 reclassification under AS 29.04, for incorporation under AS 29.05 or art. X,
					 sec 12, Constitution of the State of Alaska, and for alterations to
					 municipalities under AS 29.06 or art. X. sec 12. Constitution of the State of
					 Alaska. However, only those sections of
					 3 AAC 110.410 -
					 3 AAC 110.700 with which compliance is required under
					 3 AAC 110.590 apply to an annexation petition filed
					 under a local action method provided for in
					 AS
					 29.06.040(c)(3) or
					 (4).
Authority:
Art. X, sec. 1, Ak Const.
Art. X, sec. 3, Ak Const.
Art. X, sec. 7, Ak Const.
Art. X, sec. 12, Ak Const.
AS 29.04.040
AS 29.05.060
AS 29.06.040
AS 29.06.090
AS 29.06.100
AS 29.06.450
AS 29.06.460
AS
						44.33.812