Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.35.460 Service area boards.
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The assembly may provide for an appointed or elected board to supervise the furnishing of special services in a service area.
AS 29.35.470 Financing.
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(a) The assembly may levy or authorize the levying of taxes, charges, or assessments in a service area to finance the special services. If the assembly authorizes the levying of taxes, charges, or assessments, the rate of taxation and the issuance of bonds are subject to assembly…
AS 29.35.480 Service areas in first class boroughs.
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In a first class borough, the assembly may exercise in a service area any power granted a first class city by law. The assembly may exercise in a service area any nonareawide power that may be exercised by a first class borough.
AS 29.35.490 Service areas in second and third class boroughs.
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Article 8. Hazardous Chemicals, Materials, and Wastes. (a) A second class borough may exercise in a service area any power granted a first class city by law or a nonareawide power that may be exercised by a first class borough if (1) the exercise of the power is approved by a maj…
AS 29.35.500 Reporting.
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(a) If a municipality establishes a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes, then the municipality shall require a business or a government agency that handles hazardous chemicals, hazardous materials, or hazardous wastes to sub…
AS 29.35.510 Inspections; penalties.
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A municipality may conduct inspections, and establish and impose penalties, necessary to ensure compliance with reporting requirements adopted under AS 29.35.500.
AS 29.35.520 Fees.
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A municipality may impose appropriate fees to fully or partially compensate for the cost of processing reports and administering inspections under AS 29.35.500 — 29.35.510.
AS 29.35.530 Duties of municipalities; powers of other agencies.
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(a) The municipality, at the request of a business or government agency required to submit an inventory under AS 29.35.500, shall provide (1) a descriptive summary of the hazardous chemicals, hazardous materials, and hazardous wastes that are required to be included in an invento…
AS 29.35.540 Public access to information.
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Information obtained by a municipality under AS 29.35.500, 29.35.510, and 29.35.530 shall be made readily available to the public for inspection and copying.
AS 29.35.550 Application.
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AS 29.35.500 — 29.35.590 apply to home rule and general law municipalities.
AS 29.35.560 Municipal liability.
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The establishment by a municipality of a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes does not increase the liability that may otherwise be imposed on the municipality for damages resulting from hazardous chemicals, hazardous materia…
AS 29.35.590 Definitions.
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Article 9. Port Authorities. In AS 29.35.500 — 29.35.590, (1) “acute hazardous waste” means a waste listed by the administrator or the Environmental Protection Agency in accordance with the criteria in 40 C.F.R. 261.11(a)(2); (2) “extremely hazardous substance” means a substance …
AS 29.35.600 Purpose of authorities.
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The purpose of a port authority is to provide for the development of a port or ports for transportation related commerce within the territory of the authority.
AS 29.35.605 Establishment of port authorities.
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(a) A port authority may be created by one of the following means: (1) the governing body of a municipality may create by ordinance a port authority as a public corporation of the municipality; (2) the governing bodies of two or more municipalities may create by parallel ordinanc…
AS 29.35.610 Dissolution of a port authority.
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(a) The enabling ordinance by which a port authority is created must provide for the manner by which a port authority may be dissolved. (b) If an authority ceases to exist, its assets shall be distributed to the municipalities that participated in the authority in proportion to t…
AS 29.35.615 Municipal property.
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(a) A municipality may transfer and otherwise convey or lease real property, and any improvements to it, to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.605. (b) A municipality may transfer and otherwise assign or lease pe…
AS 29.35.620 Powers.
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If provided in the enabling ordinance, an authority may (1) sue and be sued; (2) have a seal and alter it at pleasure; (3) acquire an interest in a project as necessary or appropriate to provide financing for the project, whether by purchase, gift, or lease; (4) lease to others a…
AS 29.35.625 Bonds of a port authority; superior court jurisdiction.
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(a) If authorized by the enabling ordinance, an authority may borrow money and may issue bonds on which the principal and interest are payable (1) exclusively from the income and receipts of, or other money derived from, the project financed with the proceeds of the bonds; (2) ex…
AS 29.35.630 Bonds eligible for investment.
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Bonds issued under AS 29.35.625 are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properl…
AS 29.35.635 Validity of pledge.
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The pledge of revenue of an authority to the payment of the principal or interest on bonds or notes of the authority is valid and binding from the time the pledge is made, and the revenue is immediately subject to the lien of the pledge without physical delivery or further act. T…
AS 29.35.640 Credit of state or a municipality not pledged.
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(a) The state and municipalities participating in an authority are not liable for the debts of that authority. Bonds issued under AS 29.35.625 are payable solely from the revenue of the authority and do not constitute a (1) debt, liability, or obligation of the state or a municip…
AS 29.35.645 Pledges of the state and municipalities.
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The state and municipalities participating in the authority pledge to and agree with the holders of bonds issued under AS 29.35.625 and with the federal agency, if any, that loans or contributes funds in respect to a project of the authority, that the state and the municipalities…
AS 29.35.650 Limitation of liability.
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A liability incurred by an authority shall be satisfied exclusively from the assets or revenue of the authority. A creditor or other person does not have a right of action against the state or a municipality participating in an authority because of a debt, obligation, or liabilit…
AS 29.35.655 Limitation on personal liability.
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A board member or employee of an authority is not subject to personal liability or accountability because of the execution or issuance of bonds.
AS 29.35.660 Fidelity bond.
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An authority shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances of that authority. A fidelity bond must be in effect during the entire tenure in office of the bonded person.
AS 29.35.665 No taxing authority.
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An authority may not levy an income or other tax.
AS 29.35.670 Exemption from taxation.
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(a) An authority exercising the powers granted by the enabling ordinance under AS 29.35.600 — 29.35.730 is in all respects for the benefit of the people of the municipalities participating in the authority and the people of the state in general, for their well-being and prosperit…
AS 29.35.675 Development plan.
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In the enabling ordinance establishing the authority under AS 29.35.605 the authority shall be (1) required to submit a development plan to the governing body of the municipality or municipalities participating in the authority; and (2) prohibited from undertaking the constructio…
AS 29.35.680 Administration of port authorities; board.
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(a) An authority shall be governed by a board of directors, which shall exercise the powers of the authority. The enabling ordinance establishing the authority under AS 29.35.605 must specify the number, qualifications, manner of appointment or election, and terms of members of t…
AS 29.35.685 Continuation of collective bargaining agreements; application of AS 23.40.070 — 23.40.260.
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(a) A collective bargaining agreement for employees of the state or its political subdivisions who are transferred to an authority under AS 29.35.600 — 29.35.730 shall remain in effect for the term of the agreement or for a period of one year, whichever is longer, and shall be bi…
AS 29.35.690 Bylaws and regulations.
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(a) A board shall adopt bylaws and appropriate regulations consistent with the enabling ordinance to carry out its functions and purposes. (b) A board shall adopt bylaws as soon after the establishment of the authority as possible and may from time to time amend those bylaws. The…
AS 29.35.695 Authority subject to public records and open meetings laws.
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An authority established under AS 29.35.605 is subject to AS 40.25.110 — 40.25.220 and to AS 44.62.310 — 44.62.319 (Open Meetings Act).
AS 29.35.700 Annual report.
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Within 90 days following the end of the fiscal year of an authority, the board shall distribute to the mayor and governing body of each municipality participating in the authority a report describing the operations and financial condition of the authority during the preceding fis…
AS 29.35.705 Audits.
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(a) The board shall have the financial records of an authority audited annually by an independent certified public accountant. (b) An authority shall make all of its financial records available to an auditor appointed by a municipality participating in the authority for examinati…
AS 29.35.710 Remedies.
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A holder of bonds or notes or coupons attached to the bonds issued by an authority under AS 29.35.625, and a trustee under a trust agreement or resolution authorizing the issuance of the bonds, except as restricted by a trust agreement or resolution, either at law or in equity, m…
AS 29.35.715 Claims.
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For the purpose of judicial and regulatory proceedings by and against an authority, an authority and its board members and employees enjoy the same rights, privileges, and immunities as a municipality and municipal officers.
AS 29.35.720 Conflicting laws inapplicable.
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If provisions of AS 29.35.600 — 29.35.730 conflict with other provisions of this title, the provisions of AS 29.35.600 — 29.35.730 prevail.
AS 29.35.722 Ownership or operation of certain state facilities prohibited.
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The state may not, without the approval of the legislature, (1) convey or transfer the Alaska marine highway system, the Anchorage or Fairbanks international airports, or any other state asset, except undeveloped state land as provided in AS 38.05.810 or surplused property, to an…
AS 29.35.725 Definitions.
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In AS 29.35.600 — 29.35.730, unless the context otherwise requires, (1) “authority” means a port authority established under AS 29.35.605; (2) “board” means the board of directors of an authority; (3) “bonds” includes bonds, bond anticipation notes, notes, refunding bonds, or oth…
AS 29.35.730 Short title.
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Article 10. Regional Solid Waste Management Authorities. AS 29.35.600 — 29.35.730 may be referred to as the Municipal Port Authority Act.
AS 29.35.800 Purpose of authorities.
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The purpose of a regional solid waste management authority is to provide environmentally sound and cost-effective management of solid waste, including storage, collection, transportation, separation, processing, recycling, and disposal, to protect the public health, safety, and w…
AS 29.35.805 Establishment of regional solid waste management authorities.
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(a) A regional solid waste management authority may be created in one of the following ways: (1) the governing body of a municipality may, by ordinance, create a regional solid waste management authority as a public corporation of the municipality; (2) the governing bodies of two…
AS 29.35.810 Dissolution of a regional solid waste management authority.
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(a) The enabling ordinance creating a regional solid waste management authority must provide for the manner by which a regional solid waste management authority may be dissolved. (b) If an authority ceases to exist, its assets shall be distributed to each municipality that was pa…
AS 29.35.815 Municipal property.
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(a) A municipality may transfer and otherwise convey or lease real property and improvements to real property to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.805. (b) A municipality may transfer and otherwise assign or lea…
AS 29.35.820 Powers and duties.
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(a) If provided in the enabling ordinance, an authority may (1) sue and be sued; (2) have a seal and alter it; (3) acquire an interest in a project as necessary or appropriate to provide financing for the project, whether by purchase, gift, or lease; (4) lease to others a project…
AS 29.35.825 Bonds of a regional solid waste management authority; superior court jurisdiction.
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(a) If authorized by the enabling ordinance, an authority may borrow money and issue bonds on which the principal and interest are payable (1) exclusively from the income and receipts of, or other money derived from, the project financed with the proceeds of the bonds; (2) exclus…
AS 29.35.830 Bonds eligible for investment.
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Bonds issued under AS 29.35.825 are securities in which public officers and public bodies of the state and its political subdivisions, insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and le…
AS 29.35.835 Validity of pledge.
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The pledge of revenue of an authority to the payment of the principal of or interest on bonds or notes of the authority is valid and binding from the time the pledge is made, and the revenue is immediately subject to the lien of the pledge without physical delivery or further act…
AS 29.35.840 Credit of state or a municipality not pledged.
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(a) The state and municipalities participating in an authority are not liable for the debts of that authority. Bonds issued under AS 29.35.825 are payable solely from the revenue of the authority and do not constitute a (1) debt, liability, or obligation of the state or a municip…
AS 29.35.845 Pledges of the state and municipalities.
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The state and municipalities participating in an authority pledge to and agree with the holders of bonds issued under AS 29.35.825 and with the federal agency, if any, that loans or contributes funds for a project of the authority that the state and the municipalities participati…