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Title 3 . Commerce, Community, and Economic Development
Chapter 110 . Municipal Boundary Changes
Section 420. Petition

3 AAC 110.420. Petition

(a) A proposal for one or more actions by the commission under this chapter is initiated by filing a petition and supporting materials with the department.

(b) A petition must be filed on forms provided by the department. On the forms provided, the department shall require that the petition include the following information and supporting materials:

(1) the name of the petitioner;

(2) the name and class of any

(A) existing municipal government for which a change is proposed; and

(B) proposed municipal government;

(3) a general description of the nature of the proposed commission action;

(4) a general description of the area proposed for change;

(5) a statement of reasons for the petition;

(6) legal descriptions, maps, and plats for a proposed municipality, or for any existing municipality for which a change is proposed;

(7) the size of the area proposed for change;

(8) the physical address and mailing address of the petitioner's representative designated under 3 AAC 110.410(e) , and the telephone number, facsimile number, and electronic mail address, if any, for the representative;

(9) data estimating the population of the area proposed for change;

(10) information relating to public notice and service of the petition;

(11) the following tax data:

(A) the assessed or estimated value of taxable property in the territory proposed for change, if the proposed municipal government, or any existing municipal government for which a change is proposed, levies or proposes to levy property taxes;

(B) projected taxable sales in the territory proposed for change, if the proposed municipal government, or any existing municipal government for which the change is proposed, levies or proposes to levy sales taxes;

(C) each municipal government tax levy currently in effect in the territory proposed for change.

(12) a three-year projection of revenue, operating expenditures, and capital expenditures for a proposed municipality, or for any existing municipality for which a change is proposed;

(13) information about any existing long-term municipal debt;

(14) information about the powers and functions of

(A) a proposed municipality;

(B) any existing municipality for which a change is proposed, before and after the proposed change; and

(C) alternative service providers, including regional educational attendance areas and other service areas within the area proposed for change;

(15) the transition plan required under 3 AAC 110.900;

(16) information about the composition and apportionment of the governing body of

(A) a proposed municipality; and

(B) any existing municipality for which a change is proposed, before and after the proposed change;

(17) information regarding any effects of the proposed change upon civil and political rights for purposes of 42 U.S.C. 1971 - 1974 (Voting Rights Act of 1965);

(18) a supporting brief that provides a detailed explanation of how the proposal satisfies each constitutional, statutory, and regulatory standard that is relevant to the proposed commission action;

(19) documentation demonstrating that the petitioner is authorized to file the petition under 3 AAC 110.410;

(20) for petitions to incorporate or consolidate a home rule city or borough, the proposed municipal charter;

(21) an affidavit from the petitioner's representative that, to the best of the representative's knowledge, information, and belief, formed after reasonable inquiry, the information in the petition is true and accurate.

(c) The petitioner shall provide the department with a copy of the petition and supporting materials in an electronic format, unless the department waives this requirement because the petitioner lacks a readily accessible means or the capability to provide items in an electronic format.

History: Eff. 7/31/92, Register 123; am 5/19/2002, Register 162

Authority: Art. X, sec. 12,

Ak Const.

AS 29.04.040

AS 29.05.060

AS 29.06.040

AS 29.06.090

AS 29.06.100

AS 29.06.450

AS 29.06.460

AS 44.33.812


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Last modified 7/05/2006