Section 3.110.981. Determination of maximum local self-government.

In determining whether a proposed boundary change promotes maximum local self-government under art. X, sec. 1, Constitution of the State of Alaska, the commission will consider   
		(1) for borough incorporation, whether the proposal would extend local government on a regional scale to a significant area and population of the unorganized borough;  
		(2) for borough annexation, whether the proposal would extend local government to portions of the unorganized borough;  
		(3) for merger or consolidation of municipalities, whether the proposal would expand or diminish the level of local government currently provided by the municipalities being merged or consolidated;  
		(4) for borough detachment, whether the  
			(A) proposal would  
				(i) diminish the provision of local government to the area and population being detached; or  
				(ii) detrimentally affect the capacity of the remnant borough to serve the local government needs of its residents; and  
			(B) local government needs of the detached area can be adequately met by an existing local government;  
		(5) for borough dissolution, whether the proposal substantiates that the provision of local government is no longer necessary or supportable for the area;  
		(6) for deunification, whether the proposal substantiates that the provision of local government is not diminished by deunification or that deunification could lead to better local government by incorporation of other local governments better suited to needs of the area and population;  
		(7) for city incorporation or annexation in the unorganized borough, whether the proposal would extend local government to territory and population of the unorganized borough where no local government currently exists;  
		(8) for city incorporation or annexation in an organized borough, whether the proposal would extend local government to territory or population of the organized borough where local government needs cannot be met by the borough on an areawide or nonareawide basis, by annexation to an existing city, or through an existing borough service area;   
		(9) for city detachment in an organized borough, whether the  
			(A) proposal would  
				(i) diminish the provision of local government to the territory and population being detached; or  
				(ii) detrimentally affect the capacity of the remnant city to serve the local government needs of its residents; and  
			(B) local government needs of the territory and population to be detached can be adequately met by the borough;  
		(10) for city detachment in the unorganized borough, whether the  
			(A) proposal would  
				(i) diminish the provision of local government to the territory and population being detached; or  
				(ii) detrimentally affect the capacity of the remnant city to provide local government services; and   
			(B) local government needs of the detached territory and population can be adequately met by another existing local government;  
		(11) for city dissolution in an organized borough, whether the proposal substantiates that the  
			(A) provision of local government is no longer necessary or supportable for the territory; or  
			(B) local government needs of the territory could be better provided by the borough;  
		(12) for city dissolution in the unorganized borough, whether the proposal substantiates that the  
			(A) provision of local government is no longer necessary or supportable for the territory; or  
			(B) local government needs of the territory could be better provided by a governmental organization other than the city;  
		(13) for city reclassification, whether the proposal would expand or diminish the provision of local government to the territory being reclassified;  
		(14) whether the petition proposes incorporation of a home rule municipality.  

Authorities

29.04.040;29.05.011;29.05.031;29.05.100;29.06.040;29.06.090;29.06.130;29.06.450;29.06.500;44.33.812

Notes

Reference

3 AAC 110.042
3 AAC 110.060
3 AAC 110.065
3 AAC 110.135
3 AAC 110.140
3 AAC 110.190
3 AAC 110.195
3 AAC 110.200
3 AAC 110.220
3 AAC 110.225
3 AAC 110.240
3 AAC 110.245
3 AAC 110.260
3 AAC 110.270

Authority

Art. X, sec. 1, Ak Const. Art. X, sec. 3, Ak Const. Art. X, sec. 5, Ak Const. Art. X, sec. 7, Ak Const. Art. X, sec. 12, Ak Const. AS 29.04.040 AS 29.05.011 AS 29.05.031 AS 29.05.100 AS 29.06.040 AS 29.06.090 AS 29.06.130 AS 29.06.450 AS 29.06.500 AS 44.33.812

History

Eff. 1/9/2008, Register 185