Section 3.110.260. Best interests of state.

	(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.  
	(b)  If, to fulfill the requirements of (a)(10) of this section, the petitioner has proposed, or the commission requires, incorporation of the territory into a new municipality, the commission may condition the approval of the detachment upon voter approval of the incorporation.  
	(c)  Absent a specific and persuasive showing to the contrary, the commission will presume that territory proposed for detachment that would create noncontiguous parts of the city or enclaves within the city does not meet the standards for detachment.  
	(d)  Absent a specific and persuasive showing to the contrary, the commission will presume that territory proposed for detachment from a city in an unorganized borough is a diminution of maximum local self-government and does not meet the standards for detachment.  
	(e)  In order to promote a minimum number of local government units in accordance with art. X, sec. 1, Constitution of the State of Alaska, a petition for detachment that also seeks to incorporate a new city must propose that the new city will encompass a substantially larger population and territory than the population and territory proposed for detachment.  

Authorities

29.06.040;44.33.812

Notes

Reference

3 AAC 110.257
3 AAC 110.263
3 AAC 110.265

Authority

Art. X, sec. 1, Ak Const. Art. X, sec. 7, Ak Const. Art. X, sec. 12, Ak Const. AS 29.06.040 AS 44.33.812

History

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