Sec. 3 AAC 110.420 - Petition

ยง 3 AAC 110.420. Petition

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

(b) A petition must be submitted 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) for the petitioner's representative and alternative representative designated under 3 AAC 110.410(e),

(A) the physical address of each individual's place of residence;

(B) each individual's mailing address; and

(C) each individual's telephone number, facsimile number, and electronic mail address, if any;

(3) the name and class of the

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

(B) proposed municipal government;

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

(5) a general description of the

(A) area proposed for borough boundary change; or

(B) territory proposed for city boundary change;

(6) a statement of reasons for the petition;

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

(8) the size of the

(A) area proposed for borough boundary change; or

(B) territory proposed for city boundary change;

(9) data estimating the population of the

(A) area proposed for borough boundary change; or

(B) territory proposed for city boundary change;

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

(11) the following tax data for a borough boundary change:

(A) the assessed or estimated value of taxable property in the area 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 area 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 area proposed for change;

(12) the following tax data for a city boundary change:

(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;

(13) for a proposed municipality, or for any existing municipality for which a change is proposed, projections of revenue, operating expenditures, and capital expenditures through the period extending one full fiscal year beyond the reasonably anticipated date

(A) for receipt of any final organization grant under AS 29.05.180 or 29.05.190;

(B) for completion of any transition set out in AS 29.05.130-29.05.140 or 3 AAC 110.900; and

(C) on which a proposed new borough or city will make its first full local contribution required under AS 14.17.410(b)(2), if the proposal seeks to incorporate a municipality that would be subject to AS 14.17.410(b)(2);

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

(15) information about the powers and functions of

(A) the 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 borough boundary change or territory proposed for city boundary change;

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

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

(A) the proposed municipality; and

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

(18) 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);

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

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

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

(22) 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;

(23) other information or supporting material that the department believes the petitioner must provide for an adequate review of the proposal.

(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.

(d) For a voter-initiated petition, the petition form must include sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition.

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

Authority: Art. X, sec. 1,

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 44.33.020

AS 44.33.812

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.

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