Summary of Borough Powers December 6, 2011
Form of Government � Alaska Statutes provide for 2 types of municipalities: � Home Rule: � Has adopted a charter or is unified. � Has all legislative powers not prohibited by law or charter. � General Law: � Has no charter. � Has legislative powers conferred by statutes, voters, and transferred by cities. � Kenai Peninsula Borough is a General Law Borough.
“Power” Defined � “Power” means the provision of a public facility or service, or the exercise of a regulatory power. AS 29.35.350. � 4 different geographic levels to exercise powers: � Areawide – throughout borough including cities. � Nonareawide ‐ outside of cities but in the borough. � Service Areas – areas of the borough created by ordinance to provide a service, and approved by voters in the area. � Extraterritorial jurisdiction – If otherwise authorized to exercise power, AS 29.35.020 lists powers that may be exercised outside boundaries. Needs authorization if in another municipality.
Liberal Construction of Powers � Alaska Constitution provides for liberal construction of powers granted municipalities: � Article X, Section 1: � The purpose of this article is to provide for maximum local self ‐ government with a minimum of local government units, and to prevent duplication of tax ‐ levying jurisdictions. A liberal construction shall be given to the powers of local government units. � AS 29.35.400 – 420 provide for a liberal construction of all powers and functions of municipalities, allows municipality to exercise all powers and functions necessarily or fairly implied in or incident to the purpose of all powers conferred in title 29, and a specific example in a power/function is not a limitation on the power/function.
3 Classes of General Law Boroughs � First class borough: � May exercise by ordinance any power not prohibited by law outside of cities. � Areawide powers basically same as second class borough. � Third class borough: � Areawide powers only include taxation and tax assessment & collection. � May exercise any power not prohibited by law in service areas approved by voters.
Second Class Boroughs � Kenai Peninsula Borough is a second class borough. � Mandatory Areawide Powers: Establish, maintain and operate a system of public a. schools as provided in AS 14.14.060 through the school board; Assessment and collection of taxes that are levied; and b. Provide for planning, platting, and land use regulation c. in accordance with AS 29.40.
Taxation Powers Property Taxes: Borough must assess all property in borough and collect property taxes on areawide basis. Sales Taxes: Must collect all sales taxes levied by cities and borough. AS 29.35.170 requires the borough to return in full to the levying cities all taxes collected that were levied by each city.
Planning, Platting, and Land Use Regulation � Required to adopt a Comprehensive Plan. � Plan is compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development of the borough. � The current borough comprehensive plan approved by the assembly in June 2005. Contains information about borough, existing and expected conditions, identifies issues to be addressed, provides basis for policy decisions by Planning Commission and Assembly, includes goals and objectives.
Land Use Regulation � Governs use and occupancy of land via regulations. � Must be consistent with Comprehensive Plan. � May include zoning, land use permit requirements to encourage or discourage specified uses and construction. � Includes measures to further goals and objectives of Comprehensive Plan.
Current land use regulations � Borough regulates following land uses by requiring operating permits: � material sites � half ‐ way houses � concentrated animal feeding operations � certain activities within 50 feet of most anadromous rivers and streams � to engage in certain activities on borough rights ‐ of ‐ way � Borough also regulates local option zoning districts, which are areas voluntarily zoned by the residents of a neighborhood through a borough petition process. � Zoning powers within city limits have been delegated to all first class and home rule cities in the borough.
Optional Powers Exercised by KPB � Areawide. � Authorized by statute: � Solid waste � Management of borough ‐ owned land and facilities � Funding for CARTS (transportation powers) � Authorized by Voters: � Funding for senior citizen center operations � Funding for college
Nonareawide Optional Powers � Authorized by statute: � Economic Development projects including EDD and Kenai Peninsula Tourism & Marketing Council. � Enhanced 9 ‐ 1 ‐ 1 communication services in conjunction with the cities (Cities transferred call ‐ taking powers to borough.) � Disaster response services � Authorized by voters: � special assessment districts by private parties, and to finance the extension of public utility service lines such as natural gas lines. � Port and harbor powers, subject to strict financial and personnel limitations, but this power is not currently exercised by the borough.
Economic Development � No clear definition of economic development in state law. � Borough code includes chapter 19.30 which is to provide criteria, guidelines, and procedures for borough support of responsible economic development projects on a nonareawide basis. � Defines economic development as “private sector expansion that creates permanent jobs, adds to the borough's long ‐ term tax base, and results in enhanced economic activity and quality of life for borough residents.” KPB 19.30.070.
Service Area Powers � Service areas in the borough currently exercise the following optional powers: � � Hospital powers ‐ Central Peninsula Hospital and South Peninsula Hospital Service Areas. � Road maintenance, improvement and construction ‐ Kenai Peninsula Borough Road Service Area. � Fire and Emergency Medical Services ‐ Anchor Point Fire and Emergency Medical Service Area, Bear Creek Fire Service Area, Central Emergency Services, Central Peninsula Emergency Medical Service Area, Kachemak Emergency Service Area, Lowell Point (scheduled for dissolution June 30, 2012), and Nikiski Fire Service Area. � Recreation services and programs ‐ North Peninsula Recreation Service Area and Seldovia Recreation Service Area. � Senior Citizen programs and services ‐ Nikiski Senior Service Area. � Flood Service Area – Seward ‐ Bear Creek Flood Service Area.
General Powers in Statutes � AS 29.35.010 lists powers granted to all municipalities subject to other provisions of law. � Includes numerous administrative functions such as establishing salaries, departments, agencies, periodic reports from department to be submitted through the mayor, to levy taxes and special assessments, enforce ordinances, borrow money and issue bonds, join organization that promotes legislation for the good of the borough, and to sue and be sued.
Additional General Powers � Enter cooperative agreements with local, state or federal governments for joint administration of any function or power. � To acquire, manage, control, use, and dispose of real and personal property, whether the property is situated inside or outside the municipal boundaries; this power includes the power of a borough to expend, for any purpose authorized by law, money received from the disposal of land in a service area. � To regulate the operation and use of a municipal right ‐ of ‐ way, facility, or service.
Additional Powers in Statutes Exercised by Borough � Must establish a formal procedure for acquisition and disposal of land and interests in land by the municipality. AS 29.35.090 � Must establish manner for preparation and submission of the budget and capital program, and may make supplemental or emergency appropriations. AS 29.35.100 � Must provide for an annual audit. AS 29.35.120.
Additional Resources � Resolution 2009 ‐ 088 amended assembly manual to list primary assembly duties and requirements in Alaska Statutes. � Legal Department and Clerk’s Office available to assist.
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