Title 29, Municipal Government

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…

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 29.35.800 — 29.35.925 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…

(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 29.35.805 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 29.35.800 — 29.35.925 remain in effect for the term of the agreement or one year, whichever is longer, and are binding on the authority unle…

(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 authority is established as possible and may, from time to time, amend those bylaws. The byl…

An authority established under AS 29.35.805 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 29.35.825, 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…

In 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 a provision of AS 29.35.800 — 29.35.925 conflicts with another provision of this title, the provision of AS 29.35.800 — 29.35.925 prevails.

In AS 29.35.800 — 29.35.925, unless the context otherwise requires, (1) “authority” means a regional solid waste management authority established under AS 29.35.805; (2) “board” means the board of directors of an authority; (3) “bonds” includes bonds, bond anticipation notes, not…

AS 29.35.800 — 29.35.925 may be cited as the Regional Solid Waste Management Authority Act.

(a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis. (b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assemb…

(a) Each first and second class borough shall establish a planning commission consisting of five residents unless a greater number is required by ordinance. A member shall be appointed by the borough mayor for a term of three years subject to confirmation by the assembly, except …

(a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following: (1) state…

(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to, (1) zoning regulations restrictin…

(a) By ordinance the assembly shall provide for an appeal from an administrative decision of a municipal employee, board, or commission made in the enforcement, administration, or application of a land use regulation adopted under this chapter. The assembly may provide for an app…

(a) The assembly shall provide by ordinance for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer, board of adjustment, or other body to the superior court. (b) An appeal to the superior court under this section is an administrative appeal …

By ordinance the assembly shall adopt platting requirements that may include, but are not limited to, the control of (1) form, size, and other aspects of subdivision, dedications, and vacations of land; (2) dimensions and design of lots; (3) street width, arrangement, and rights-…

(a) The assembly by ordinance shall establish a platting authority to administer subdivision regulations and to perform other duties as required by the assembly. The platting authority may consist of members of the planning commission or of other municipal residents. (b) The asse…

(a) Notwithstanding other provisions of this chapter, the assembly shall by ordinance establish an abbreviated plat procedure for a plat that will (1) subdivide a single lot into not more than four lots; (2) provide legal and physical access to a public highway or street for each…

A plat must show (1) initial point of survey; (2) original or reestablished corners and their descriptions; (3) actual traverse showing area of closure and all distances, angles, and calculations required to determine initial point, corners, and distances of the plat; and (4) oth…

(a) The platting authority shall approve or disapprove a plat within 60 days after it is filed, or shall return it to the applicant for modification or correction. Unless the applicant for plat approval consents to an extension of time, the plat is considered approved and a certi…

A recorded plat may not be altered or replatted except by the platting authority on petition of the state, the borough, a public utility, or the owners of a majority of the land affected by the alteration or replat. A platted street may not be vacated, except on petition of the s…

The platting authority shall fix a time for a hearing on an alteration or replat petition that may not be more than 60 days after the petition is filed. Notice shall be published by the platting authority stating when and by whom the petition was filed, its purpose, and the time …

(a) The platting authority shall consider the alteration or replat petition at a hearing and make its decision on the merits of the proposal. (b) Vacation of a city street may not be made without the consent of the council. Vacation of a street in the borough area outside all cit…