Section 3.110.590. Modified procedures for certain local action annexations.

	(a)  Except as otherwise provided in this section, if a petition is filed with the department under a local action method provided for in AS 29.06.040(c)(3) or (4) for annexation of adjacent municipally owned property or adjacent property by unanimous consent of voters and property owners, only the following procedures specified in 3 AAC 110.400 - 3 AAC 110.700 are required:  
		(1) filing a petition under 3 AAC 110.420;  
		(2) technical review of the petition under 3 AAC 110.440;  
		(3) notice and service of the petition under 3 AAC 110.450 - 3 AAC 110.470, unless the petitioning municipality, at least 30 days before passage of its authorizing ordinance under AS 29.06.040(c)(3) or (4) by the council or assembly, publishes notice of the annexation proposal in a newspaper of general circulation in the area or territory proposed for annexation and provides the notice to each owner of property abutting the boundaries proposed for annexation; the pre-ordinance notice  
			(A) must be published at least once in the format prescribed by 3 AAC 110.450(a)(1);  
			(B) must be served on each municipality within 20 miles of the boundaries of the area or territory proposed for change;  
			(C) must be posted in accordance with 3 AAC 110.450(a)(2) except that the posting must occur on or before the date that the notice is published under (A) of this paragraph;   
			(D) must remain posted in accordance with 3 AAC 110.450(a)(3) except that the posting deadline is determined under (4)(B) of this subsection; and   
			(E) may be broadcast as a public service announcement under 3 AAC 110.450(a)(5);  
		(4) responsive briefs and comments under 3 AAC 110.480, except that the time allowed under 3 AAC 110.640 for the filing of responsive briefs and comments is limited to 14 days from  
			(A) the date of first publication of the notice of filing of the petition; or  
			(B) passage of the ordinance required by AS 29.06.040(c)(3) or (4) by the council or assembly, if the petitioning municipality published notice at least 30 days before passage of the ordinance;   
		(5) a reply brief under 3 AAC 110.490, except that the time allowed under 3 AAC 110.640 for the filing of a reply brief is limited to seven days from the date that the petitioner received the responsive brief;  
		(6) a departmental report under 3 AAC 110.530, except that the department shall issue only one report concerning the local action annexation proposal at least 10 days before the public hearing under 3 AAC 110.550; interested persons may submit written comments to the department on its report no later than three days before the public hearing;  
		(7) the commission's public hearing under 3 AAC 110.550, except that the commission may conduct the hearing by teleconference;  
		(8) the decisional meeting under 3 AAC 110.570, except that the commission will convene a decisional meeting to examine the written briefs, exhibits, comments, and testimony and to reach a decision regarding the proposed change within 10 days after the last commission hearing on the petition;   
		(9) reconsideration under 3 AAC 110.580, except that a request for reconsideration must be filed within 10 days after a written statement of decision is mailed under 3 AAC 110.570(f);   
		(10) the amendment and withdrawal provisions of 3 AAC 110.540 and 3 AAC 110.545.  
	(b)  The commission may expand local action procedures for annexations under (a) of this section, so that those procedures include other requirements of 3 AAC 110.400 - 3 AAC 110.700, such as informational sessions, and public meetings and hearings, if the commission determines that the best interests of the state will be enhanced.  
	(c)  The commission may further relax or suspend local action procedures for annexation under (a) of this section as provided under 3 AAC 110.660.  
	(d)  Repealed 5/19/2002.  
	(e)  If the commission determines that the balanced best interests of the locality and the state are enhanced by statewide participation, the commission may convert a local action petition for an annexation described in (a) of this section to a legislative review petition.  
	(f)  If the petitioning municipality publishes a pre-ordinance notice as provided under (a)(3) of this section, the municipality shall file with the department a copy of  
		(1) the publisher's affidavit of publication of the notice;  
		(2) written comments submitted to the municipality regarding the annexation proposal; and  
		(3) the minutes of all council or assembly meetings at which the proposal was addressed by the petitioning municipality.  

Authorities

29.06.040;29.06.090;29.06.450;44.33.020;44.33.812;44.33.814;44.33.818;44.33.826

Notes

Reference

3 AAC 110.400
3 AAC 110.640

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. Art. X, sec. 14, Ak Const. AS 29.06.040 AS 29.06.090 AS 29.06.450 AS 44.33.020 AS 44.33.812 AS 44.33.814 AS 44.33.818 AS 44.33.826

History

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