Title 29, Municipal Government

A municipality may conduct inspections, and establish and impose penalties, necessary to ensure compliance with reporting requirements adopted under AS 29.35.500.

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.

(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…

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 29.35.500 — 29.35.590 apply to home rule and general law municipalities.

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…

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 listed in 40 C.F.R. Part 355,…

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.

(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…

(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…

(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…

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…

(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…

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…

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…

(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…

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…

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…

A board member or employee of an authority is not subject to personal liability or accountability because of the execution or issuance of bonds.

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.

An authority may not levy an income or other tax.

(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…

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…

(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…

(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…

(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…

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).

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…

(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…

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…

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.

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.

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…

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 29.35.600 — 29.35.730 may be referred to as the Municipal Port Authority Act.

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…

(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…

(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…

(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…

(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…

(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…

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…

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…

(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…

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…

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…