Section 3.110.450. Notice of petition.

	(a)  No later than 45 days after receipt of the department's written notice of acceptance of the petition for filing, the petitioner shall  
		(1) publish public notice of the filing of the petition in a display ad format of no less than six inches long by two columns wide at least once each week for three consecutive weeks in one or more newspapers of general circulation designated by the department; if the department determines that a newspaper of general circulation, with publication at least once a week, does not circulate within the boundaries proposed for change, the department shall require the petitioner to provide notice through other means designed to reach the public;  
		(2) post public notice of the filing of the petition in   
			(A) at least three prominent locations readily accessible to the public and within or near the boundaries proposed for change; and   
			(B) other locations designated by the department;   
		(3) ensure that notices posted under (2) of this subsection remain posted through the deadline set under 3 AAC 110.640 by the chair of the commission for the filing of responsive briefs;  
		(4) hand-deliver or mail, postage prepaid, public notice of the filing of the petition, correctly addressed to the municipalities having jurisdictional boundaries within 20 miles of the boundaries proposed for change, and to other persons designated by the department; and  
		(5) submit a request for a public service announcement of the filing of the petition to at least one radio or television station serving within the boundaries of the proposed change and request that it be announced for the following 14 days.  
	(b)  The department shall specify the text of the public notices required in (a)(1) - (a)(4) of this section, to ensure that the notices contain the following information:  
		(1) the title of the notice of the filing of the petition;  
		(2) the name of the petitioner and the petitioner's representative designated under 3 AAC 110.410(e);  
		(3) a description of the proposed action;  
		(4) a statement of the size and general location of the boundaries proposed for change;  
		(5) a map of the area or territory proposed for change or information where that map is available for public review;  
		(6) a reference to the constitutional, statutory, and regulatory standards applicable to the proposal;  
		(7) a reference to the statutes and regulations applicable to procedures for consideration of the petition;  
		(8) designation of where and when the petition is available for public review;  
		(9) a statement that responsive briefs and comments regarding the petition may be filed with the commission;  
		(10) a reference to the regulations applicable to the filing of responsive briefs;  
		(11) the deadline for receipt of responsive briefs and comments;  
		(12) the mailing address, facsimile number, and electronic mail address for the submission of responsive briefs and comments to the department;  
		(13) a telephone number for inquiries to the commission staff.  
	(c)  The department shall specify the text of the public service announcement required in (a)(5) of this section to ensure that the announcement contains  
		(1) the title of the public service announcement;  
		(2) the period during which the public service announcement is requested to be broadcast;  
		(3) the name of the petitioner;  
		(4) a description of the proposed action;  
		(5) a statement of the size and general location of the  
			(A) area proposed for borough boundary change; or  
			(B) territory proposed for city boundary change;  
		(6) a statement of where and when the petition is available for public review;  
		(7) a statement that responsive briefs and comments regarding the petition may be filed with the commission;  
		(8) a statement of the deadline for responsive briefs and comments;  
		(9) a statement of where the complete notice of the filing may be reviewed; and  
		(10) a telephone number for inquiries to the petitioner.  
	(d)  For a municipal incorporation, the department shall ensure that, in addition to the information required in (b) of this section, the notice also contains the following information:  
		(1) for a petition using the local option method, a statement regarding voter eligibility in the incorporation election;  
		(2) for a petition using the legislative review method, a statement regarding the election of initial officials for the municipality.  

Authorities

29.04.040;29.05.100;29.05.120;29.06.040;29.06.130;29.06.500;44.33.020;44.33.812

Notes

Reference

3 AAC 110.460
3 AAC 110.470
3 AAC 110.475
3 AAC 110.530
3 AAC 110.590
3 AAC 110.640

Authority

Art. X, sec. 3, Ak Const. Art. X, sec. 7, Ak Const. Art. X, sec. 12, Ak. Const. Art. X, sec. 14, Ak Const. AS 29.04.040 AS 29.05.100 AS 29.05.120 AS 29.06.040 AS 29.06.130 AS 29.06.500 AS 44.33.020 AS 44.33.812

History

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