Summary of Borough Powers December 6, 2011 Form of Government Alaska - - PowerPoint PPT Presentation
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.
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” means the provision of a public facility or service,
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.
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.
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.
Kenai Peninsula Borough is a second class borough. Mandatory Areawide Powers:
a.
Establish, maintain and operate a system of public schools as provided in AS 14.14.060 through the school board;
b.
Assessment and collection of taxes that are levied; and
c.
Provide for planning, platting, and land use regulation in accordance with AS 29.40.
Required to adopt a Comprehensive Plan. Plan is compilation of policy statements, goals,
The current borough comprehensive plan approved by
Governs use and occupancy of land via regulations. Must be consistent with Comprehensive Plan. May include zoning, land use permit requirements to
Includes measures to further goals and objectives of
Borough regulates following land uses by requiring
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.
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
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.
No clear definition of economic development in state
Borough code includes chapter 19.30 which is to
Defines economic development as “private sector
Service areas in the borough currently exercise the following optional powers:
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.
AS 29.35.010 lists powers granted to all municipalities
Includes numerous administrative functions such as
Enter cooperative agreements with local, state or
To acquire, manage, control, use, and dispose of real
To regulate the operation and use of a municipal right‐
Must establish a formal procedure for acquisition and
Must establish manner for preparation and submission
Must provide for an annual audit. AS 29.35.120.
Resolution 2009‐088 amended assembly manual to list
Legal Department and Clerk’s Office available to