Chapter 1.02
BOROUGH POWERS

Sections:

1.02.010    Purpose.

1.02.020    General powers.

1.02.030    Mandatory areawide powers.

1.02.040    Conferred areawide powers.

1.02.050    Acquired areawide powers.

1.02.060    Conferred nonareawide powers.

1.02.070    Acquired nonareawide powers.

1.02.080    A city inside the borough.

1.02.090    Initiation of acquisition of power.

1.02.100    Election.

1.02.110    Effect of acquiring an areawide power.

1.02.120    General construction.

1.02.130    Extent of powers.

1.02.140    Enumeration of powers.

1.02.150    Service areas.

1.02.010 Purpose.

The purpose of this chapter is to provide borough personnel and citizens in general with a compilation of the primary borough powers and some of the procedures for exercising those powers or acquiring additional powers. This chapter is not a complete listing of all the powers that the borough possesses or of all the procedures applicable to those powers. This chapter does not establish new powers or procedures that do not already exist under other provisions of law. The exclusion from this chapter of a power or procedure established by law shall not be construed as a rejection by the borough of that power or procedure. The inclusion in this chapter of a power or procedure that does not otherwise exist by law shall not be construed as establishing, enacting, or creating that power. If the language of this chapter conflicts with any other provision of law, including other sections of this code, the other provisions of law shall control. (Ord. 86-071 § 2, 1986)

1.02.020 General powers.

A. The borough has the following general powers, subject to other provisions of law:

1. To establish and prescribe a salary for an elected or appointed borough official or employee;

2. To combine two or more appointive or administrative offices;

3. To establish and prescribe the functions of a borough department, office, or agency;

4. To require periodic and special reports from a borough department to be submitted through the mayor;

5. To investigate an affair of the borough and make inquiries into the conduct of a borough department;

6. To levy a tax or special assessment, and impose a lien for its enforcement;

7. To enforce an ordinance and to prescribe a penalty for violation of an ordinance;

8. To acquire, manage, control, use, and dispose of real and personal property, whether the property is situated inside or outside the borough boundaries; this power includes the power of the borough to expend, for any purpose authorized by law, money received from the disposal of land in a service area established under AS 29.35;

9. To expend money for a community purpose, facility, or service for the good of the borough to the extent the borough is otherwise authorized by law to exercise the power necessary to accomplish the purpose or provide the facility or service;

10. To regulate the operation and use of a borough right-of-way, facility, or service;

11. To borrow money and issue evidences of indebtedness;

12. To acquire membership in an organization that promotes legislation for the good of the borough;

13. To enter into an agreement, including an agreement for cooperative or joint administration of any function or power with a municipality, the state, or the United States;

14. To sue and be sued;

15. Provide facilities or services for the confinement and care of prisoners and enter into agreements with the state, another municipality, or any person relating to the confinement and care of prisoners (am § 2 ch. 15 SLA 1998).

B. The borough may exercise the following general powers:

1. Extraterritorial jurisdiction, in accordance with AS 29.35;

2. Eminent domain and declaration of taking, in accordance with AS 29.35 and FNSBC 25.05.010(A)(5);

3. Emergency disaster powers, in accordance with AS 29.35;

4. Garbage and solid waste services, in accordance with AS 29.35;

5. Grant franchises and permits, in accordance with AS 29.35;

6. Regulate rates imposed by public utilities, in accordance with AS 29.35;

7. Regulate alcoholic beverages, in accordance with AS 29.35;

8. Provides for a curfew in accordance with AS 29.35;

9. Establish an emergency services communications center, in accordance with AS 29.35.

C. The borough shall exercise the following general powers:

1. Establish by ordinance a formal procedure for acquisition and disposal of land and interests in land by the borough, in accordance with AS 29.35;

2. Establish the manner for the preparation and submission of the budget and capital program, in accordance with AS 29.35;

3. Expend borough revenues, in accordance with AS 29.35;

4. Provide for an annual independent audit of the accounts and financial transactions of the borough, in accordance with AS 29.35.

D. The borough shall not exercise the following general powers:

1. Regulate an activity regarding transportation of passengers or freight for hire, except in accordance with AS 29.35;

2. Restrict the right to own or possess firearms within a residence or transport unloaded firearms, except in accordance with AS 29.35. (Amended during 2004 republication; Ord. 86-071 § 2, 1986)

1.02.030 Mandatory areawide powers.

A. The borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided in AS 14.14. Fort Wainwright and Eielson Air Force Base are included in the borough school district because of contracts with the State Department of Education.

B. The borough shall assess and collect property, sales, and use taxes that are levied in its boundaries, subject to AS 29.45.

C. The borough shall provide for planning, platting, and land use regulation, in accordance with AS 29.40 on an areawide basis. (Ord. 86-071 § 2, 1986)

1.02.040 Conferred areawide powers.

A. The borough by ordinance exercises the following powers on an areawide basis:

1. Provides a transportation system, October 7, 1975;

2. Licenses, impounds, and disposes of animals, October 5, 1965;

3. Provides air pollution control in accordance with AS 46.03, May 14, 1970.

B. The borough may by ordinance exercise the following powers on an areawide basis:

1. Provide water pollution control;

2. License day care facilities. (Ord. 91-008 § 2, 1991; Ord. 89-030 § 2, 1989; Ord. 86-071 § 2, 1986)

1.02.050 Acquired areawide powers.

A. The borough acquired these areawide powers by transfer of the power by the city of Fairbanks and the city of North Pole or by holding an areawide election on the question:

1. Flood control by election, October 5, 1965.

2. Library by election, June 21, 1966.

3. Hospital by election, June 21, 1966.

4. Garbage and solid waste disposal by transfer, June 28, 1973.

5. Parks and recreation by election, October 3, 1972.

6. Housing financing by election, June 12, 1979.

7. Exercise areawide health and social services powers to maintain the Fairbanks Health Center building and to receive and pass through health and social services grants and assist in raising any required community match, by election October 5, 1993.

8. Provide additional animal control powers to prohibit cruelty to domestic animals, by election October 8, 1996.

9. Natural gas utility by transfer, November 15, 2012.

B. The borough may, on an areawide basis, exercise a power not otherwise prohibited by law if the power has been acquired by transfer of the power by all cities inside the borough or by holding an areawide election on the question. (Ord. 2012-52 § 4, 2012; Ord. 96-029 § 3, 1996; Ord. 86-071 § 2, 1986)

1.02.060 Conferred nonareawide powers.

A. The borough by ordinance exercises the following powers on a nonareawide basis:

1. Regulates the offering for sale, exposure for sale, use or explosion of fireworks;

2. Provides for economic development.

B. The borough may by ordinance exercise the following powers on a nonareawide basis:

1. Provide transportation systems;

2. License, impound, and dispose of animals;

3. Provide garbage, solid waste, and septic waste collection and disposal;

4. Provide air pollution control in accordance with AS 46.03;

5. Provide water pollution control;

6. Participate in federal or state loan programs for housing rehabilitation and improvement for energy conservation;

7. Provides for the acquisition and construction of local service roads and trails under AS 19.30;

8. Establishes an emergency services communication center under AS 29.35;

9. Subject to AS 28.01, regulate the licensing and operation of motor vehicles and operators. (Ord. 87-056 § 2, 1987; Ord. 86-071 § 2, 1986)

1.02.070 Acquired nonareawide powers.

A. The borough acquired this nonareawide power by holding an election on the question:

1. Emergency medical services, October 4, 1983.

B. The borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at a nonareawide election by a majority of voters living in the borough but outside all cities in the borough. (Ord. 86-071 § 2, 1986)

1.02.080 A city inside the borough.

A. On adoption of a borough ordinance to provide for areawide exercise of a power, no city may exercise the power unless the borough ordinance provides otherwise or the borough by ordinance ceases to exercise the power.

B. A city in the borough may transfer to the borough any of the city’s powers or functions, subject to the approval of the assembly. The borough shall exercise all powers transferred to it by a city. (Ord. 86-071 § 2, 1986)

1.02.090 Initiation of acquisition of power.

A. An election on the question of adding an areawide or nonareawide power in the borough may be initiated in two ways:

1. A number of voters equal to 15 percent of the number of votes cast at the preceding regular election in the area, either areawide or nonareawide, in which the election is to be held may file a petition with the clerk; or

2. The assembly may propose the acquisition of the power.

B. The clerk shall certify whether a petition filed under subsection (A) of this section contains the required number of signatures.

C. Within 30 days after a petition is certified as containing the required number of signatures or the assembly proposes the acquisition of a power, at least one public hearing shall be held in the borough on the question. The assembly shall then evaluate the ability of the borough to exercise the power and make its findings public. Within 60 days after its findings have been made public, the assembly shall order an election on the question. (Ord. 86-071 § 2, 1986)

1.02.100 Election.

A. If more than one power is proposed for acquisition under FNSBC 1.02.090, each shall appear separately on the ballot.

B. A vote on the question of adding an areawide power in the borough shall be tabulated in two separate classifications. One shall consist of all votes cast in all cities located in the borough. The other shall consist of all votes cast in the borough area outside all cities. If the majority of the votes cast in each classification is favorable, the borough shall assume the added power within 30 days after certification of the election results.

C. If a majority of the votes cast on the question of adding a nonareawide power in the borough is favorable, the borough shall assume the added power within 30 days after certification of the election results.

D. The mayor shall certify the election results to the State Department of Community and Economic Development. (Amended during 2004 republication; Ord. 86-071 § 2, 1986)

1.02.110 Effect of acquiring an areawide power.

A. On acquisition of an areawide power the borough succeeds to all of the rights, powers, and duties of any city or service area with respect to that power. The borough succeeds to claims, franchises, and other contractual obligations, liability for bonded and all other indebtedness, and to all of the right, title, and interest in the real and personal property held by a city or service area for the exercise of the power.

B. The assembly may levy and collect special charges, taxes, or assessments including interest for the purpose of amortizing bonded indebtedness previously incurred by a city or service area for exercising an areawide power acquired by the borough. When a city or service area had previously incurred bonded indebtedness, all property that was in the city or service area at the time the bonds were issued remains subject to taxation to pay the principal of and interest on the bonds.

C. On acquisition of an additional areawide power the borough, in consultation with the city or service area personnel, shall arrange for an orderly and equitable transfer of rights, assets, liabilities, powers, duties, and other matters related to acquisition of the areawide powers. (Ord. 86-071 § 2, 1986)

1.02.120 General construction.

A liberal construction shall be given to all powers and functions of the borough conferred in AS 29 or acquired in accordance with this chapter. (Ord. 86-071 § 2, 1986)

1.02.130 Extent of powers.

Unless otherwise limited by law, the borough has and may exercise all powers and functions necessarily or fairly implied in or incident to the purpose of all powers and functions conferred in AS 29 or acquired in accordance with this chapter. (Ord. 86-071 § 2, 1986)

1.02.140 Enumeration of powers.

Specific examples in an enumerated power or function conferred upon the borough in AS 29 or acquired in accordance with this chapter is illustrative of the object and not a limitation on or exclusion from the exercise of the power or function. (Ord. 86-071 § 2, 1986)

1.02.150 Service areas.

A service area to provide special services in the borough may be established, operated, altered, or abolished in accordance with state law, AS 29.35. (Amended during 2004 republication; Ord. 86-071 § 2, 1986)