3 AAC 110.710 - Procedure for reclassification of first class cities with less than 400 residents
(a) A city council
requesting reclassification under
AS
29.04.045 shall file a written request with
the commission including the following:
(1)
the name of the first class city seeking reclassification;
(2) the city council's mailing
address;
(3) a certified copy of
the resolution, meeting minutes or other official record of the city council
action requesting reclassification;
(4) whether the city will exercise powers
under AS
29.35.260(c) after
reclassification;
(5) a true and
correct copy of the most recent decennial U.S. census records showing that the
city has a population less than 400; and
(6) an affidavit of the person filing the
written request that, to the best of the person's knowledge, information, and
belief, formed after reasonable inquiry, the information in the request is true
and accurate.
(b) Within
20 days after receiving a request under (a), the commission will convene a
decisional meeting in compliance with
3
AAC 110.680 to examine the written request and to
determine whether the city is eligible for reclassification as a second class
city under
AS
29.04.045. The commission will only determine
that a city is ineligible if
(1) the written
request does not meet the requirements of (a) of this section; or
(2) the city council previously rejected
reclassification under
AS
29.04.045(c) within the
twelve months preceding receipt of the request.
(c) Within 30 days after receipt of the
written request, the commission will issue a notice to the requesting city
council of its determination. If the commission determines that the city is
ineligible for reclassification, the notice will state the reason for
ineligibility. The notice will be mailed to the city council. The department
shall execute and file an affidavit of mailing as part of the public record of
the proceedings. The notice constitutes a final decision of the
commission.
(d) The city council of
a first class city determined ineligible based on failure to meet the
requirements of (a) of this section may submit a new written request at any
time. The city council of a first class city determined to be ineligible under
AS
29.04.045(c) may resubmit a
petition after twelve months have elapsed since the city council's rejection of
reclassification.
(e) Except as
otherwise provided in this section, the provisions of
3
AAC 110.400 -
3
AAC 110.700 do not apply to a written request under
AS
29.04.045.
Notes
Authority: Art. X, sec. 7, Ak Const.
AS 29.04.045
AS 44.33.812
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