Section 3.110.010. Need.

	(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.  
	(b)  In accordance with AS 29.05.021(a), and to promote a minimum number of local government units in accordance with art. X, sec. 1, Constitution of the State of Alaska, a community in the unorganized borough may not incorporate as a city if essential municipal services can be provided more efficiently or more effectively by annexation to an existing city.   
	(c)  In accordance with AS 29.05.021(b), and to promote a minimum number of local government units in accordance with art. X, sec. 1, Constitution of the State of Alaska, a community within an organized borough may not incorporate as a city if essential municipal services can be provided more efficiently or more effectively   
		(1) by annexation to an existing city;  
		(2) by an existing organized borough on an areawide or nonareawide basis; or   
		(3) through an existing borough service area.  

Authorities

29.05.011;29.05.021;44.33.812

Notes

Authority

Art. X, sec. 1, Ak Const. Art. X, sec. 5, Ak Const. Art. X, sec. 7, Ak Const. Art. X, sec. 12, Ak Const. AS 29.05.011 AS 29.05.021 AS 44.33.812

History

Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185