Article X, Alaska Constitution

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Alaska Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXV
Ordinances
123
Amendments
Article X of the Alaska Constitution is entitled Local Government. Article X describes the provisions set forth for local government, as well as the division and organization of the government. According to Section 3, the divisions are known as boroughs and have several standards defined with this section. The assembly of these boroughs, organized or unorganized, as well as the areas these boroughs service is also defined within this article. Cities are also defined, as well as their governing body of council and boundaries.

It has 15 sections and has only been amended one time, in 1972.[1]

Amendments to Article X

Section 1

Text of Section 1:

Purpose and Construction

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.[1][2]

Section 2

Text of Section 2:

Local Government Powers

All local government powers shall be vested in boroughs and cities. The State may delegate taxing powers to organized boroughs and cities only.[1][2]

Section 3

Text of Section 3:

Boroughs

The entire State shall be divided into boroughs, organized or unorganized. They shall be established in a manner and according to standards provided by law. The standards shall include population, geography, economy, transportation, and other factors. Each borough shall embrace an area and population with common interests to the maximum degree possible. The legislature shall classify boroughs and prescribe their powers and functions. Methods by which boroughs may be organized, incorporated, merged, consolidated, reclassified, or dissolved shall be prescribed by law.[1][2]

Section 4

Text of Section 4:

Assembly

The governing body of the organized borough shall be the assembly, and its composition shall be established by law or charter.[1][2]

Amendments

Section 5

Text of Section 5:

Service Areas

Service areas to provide special services within an organized borough may be established, altered, or abolished by the assembly, subject to the provisions of law or charter. A new service area shall not be established if, consistent with the purposes of this article, the new service can be provided by an existing service area, by incorporation as a city, or by annexation to a city. The assembly may authorize the levying of taxes, charges, or assessments within a service area to finance the special services.[1][2]

Section 6

Text of Section 6:

Unorganized Boroughs

The legislature shall provide for the performance of services it deems necessary or advisable in unorganized boroughs, allowing for maximum local participation and responsibility. It may exercise any power or function in an unorganized borough which the assembly may exercise in an organized borough.[1][2]

Section 7

Text of Section 7:

Cities

Cities shall be incorporated in a manner prescribed by law, and shall be a part of the borough in which they are located. Cities shall have the powers and functions conferred by law or charter. They may be merged, consolidated, classified, reclassified, or dissolved in the manner provided by law.[1][2]

Section 8

Text of Section 8:

Council

{[quote|The governing body of a city shall be the council.[1]}}

Section 9

Text of Section 9:

Charters

The qualified voters of any borough of the first class or city of the first class may adopt, amend, or repeal a home rule charter in a manner provided by law. In the absence of such legislation, the governing body of a borough or city of the first class shall provide the procedure for the preparation and adoption or rejection of the charter. All charters, or parts or amendments of charters, shall be submitted to the qualified voters of the borough or city, and shall become effective if approved by a majority of those who vote on the specific question.[1][2]

Section 10

Text of Section 10:

Extended Home Rule

The legislature may extend home rule to other boroughs and cities.[1][2]

Section 11

Text of Section 11:

Home Rule Powers

A home rule borough or city may exercise all legislative powers not prohibited by law or by charter.[1][2]

Section 12

Text of Section 12:

Boundaries

A local boundary commission or board shall be established by law in the executive branch of the state government. The commission or board may consider any proposed local government boundary change. It may present proposed changes to the legislature during the first ten days of any regular session. The change shall become effective forty-five days after presentation or at the end of the session, whichever is earlier, unless disapproved by a resolution concurred in by a majority of the members of each house. The commission or board, subject to law, may establish procedures whereby boundaries may be adjusted by local action.[1][2]

Section 13

Text of Section 13:

Agreements; Transfer of Powers

Agreements, including those for cooperative or joint administration of any functions or powers, may be made by any local government with any other local government, with the State, or with the United States, unless otherwise provided by law or charter. A city may transfer to the borough in which it is located any of its powers or functions unless prohibited by law or charter, and may in like manner revoke the transfer.[1][2]

Section 14

Text of Section 14:

Local Government Agency

An agency shall be established by law in the executive branch of the state government to advise and assist local governments. It shall review their activities, collect and publish local government information, and perform other duties prescribed by law.[1][2]

Section 15

Text of Section 15:

Special Service Districts

Special service districts existing at the time a borough is organized shall be integrated with the government of the borough as provided by law.[1][2]


See also

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External links

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Additional reading

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 Office of the Lt. Governor of Alaska, "The Constitution of the State of Alaska", accessed March 26, 2014
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.