Section 3.110.280. Commission standards.

	(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.   
	(b)  Repealed 1/9/2008.  
	(c)  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, 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.  

Authorities

29.06.450;44.33.020;44.33.812

Notes

Reference

3 AAC 110.300

Authority

Art. X, sec. 1, Ak Const. Art. X, sec. 7, Ak Const. Art. X, sec. 12, Ak Const. Art. X, sec. 14, Ak Const. AS 29.06.450 AS 44.33.020 AS 44.33.812 Editor's note: The substance of 3 AAC 110.280(b) was relocated to 3 AAC 110.295.

History

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

References

3.110.280;3.110.295