5.10.005    Standards for designation

5.10.010    Initiation by petition

5.10.015    Initiation by the assembly

5.10.020    Review by manager

5.10.025    Action by assembly

5.10.030    Ballot propositions

5.10.035    Election

5.10.040    Commencement of services

5.10.045    Establishment of service areas; public lands

5.10.050    Service area boundaries

Statutory reference:

For statutory provisions regarding service areas, see A.S. 29.35.450 through 29.35.490


(A)    Territory within the borough may be designated a service area if:

(1)    Consistent with the purposes of Article X of the constitution of the state of Alaska, the new services cannot be provided by an existing service area, by incorporation as a city, or by annexation to a city;

(2)    The facilities or services to be provided are needed for the health, safety or welfare of persons and property within the proposed service area; or

(3)    The facilities or services proposed are provided through exercise of municipal powers permitted by A.S. 29.35.450 through 29.35.490 or other provisions of law.

(Ord. 94-001AM, § 6 (part), 1994; Ord. 80-8, 1980)


(A)    A service area may be initiated by filing a petition with the clerk containing signatures of persons owning at least 50 percent of the real property within the proposed service area.

(B)    All signatures of property owners shall be made and dated within 90 calendar days preceding submission of the petition to the clerk.

(C)    Petitions shall contain:

(1)    The signature, legal description and mailing address of each signatory;

(2)    The name and mailing address of a representative designated by the signatories to receive correspondence on their behalf;

(3)    A statement of the services proposed to the signataries;

(4)    A vicinity map indicating the location of the proposed service area with respect to cities and existing service areas as presented to the signataries; and

(5)    The legal description of the real property owned within the proposed service area.

(D)    On receipt of a petition proposing formation of a service area, the clerk shall review that petition and determine whether it contains the information required by this section. The clerk shall certify petitions containing the required information and forward them to the manager for further action. Petitions found insufficient shall be immediately returned to their sponsors.

(E)    A service area established through a petition may not be amended or repealed within two years after its effective date.

(Ord. 95-027, § 7, 1995; Ord. 94-001AM, § 6 (part), 1994; Ord. 80-87, § 2, 1980; Ord. 80-8 (part), 1980)


(A)    A service area may be initiated by resolution of the assembly, provided the assembly finds the public interest served through formation of a service area does not require circulation of a petition among residents in that area under MSB 5.10.010.

(B)    Resolutions initiating service areas under this section shall contain:

(1)    Findings required by subsection (A);

(2)    A statement of services proposed; and

(3)    A description of the geographic boundaries of the proposed service area.

(Ord. 80-8 (part), 1980)


(A)    Petitions certified by the clerk under MSB 5.10.010 and resolutions of the assembly authorized by MSB 5.10.015 shall be referred to the manager for analysis and recommendation.

(B)    On receipt of a certified petition or resolution proposing formation of a service area, the manager shall within 90 calendar days compile the following information:

(1)    A description of all parcels within the boundary of the service area which can be made certain in property records of the borough;

(2)    The assessed or estimated value of all taxable property within that area, with separate totals for both real and personal property;

(3)    The number of persons living within the area;

(4)    The estimated cost of the proposed services for the first year expressed in mills and dollar amounts; and

(5)    A service area map showing all parcels, rights-of-way and easements necessary to provide services.

(C)    The manager shall also prepare a recom-mendation on the wisdom of forming the service area as proposed, reflecting the manager’s consideration of the feasibility of and public interest served by creation of the proposed service area.

(D)    Upon completion, the manager’s analysis and recommendation shall be submitted to the assembly together with a proposed ordinance calling for submission of the question of formation of the proposed service area to qualified voters of the next regular election. If formation of the service area is proposed through a certified petition bearing the signatures of 100 percent of all property owners in the area and if no voters reside in that area, the proposed ordinance need contain only language establishing the service area immediately upon its passage by the assembly. (IM 97-001, page 1, presented 1-7-97; Ord. 95-103, § 2 (part), 1995; Ord. 95-027, § 8, 1995; Ord. 88-44, § 2, 1988; Ord. 80-8 (part), 1980)


(A)    After notice and public hearing, the assembly shall consider enactment of the ordinance prepared by the manager under MSB 5.10.020. The assembly shall make specific findings concerning the feasibility and practicability of providing the services proposed, the public interest served through creation of the proposed service area, and its determination of the area affected, where required by MSB 5.10.035.

(B)    This chapter shall not be construed to limit the assembly’s power to amend, substitute or take other action as allowed by law on the ordinance presented to that body by the manager under MSB 5.10.020.

(C)    Where no voters reside in a proposed service area and where the service area was proposed to the assembly by a certified petition bearing the signatures of 100 percent of the property owners in that area, the ordinance creating the service area shall become law upon enactment by the assembly and need not be ratified by the voters.

(D)    [Repealed by Ord. 95-103, § 3 (part), 1995]

(Ord. 95-103, § 3 (part), 1995; Ord. 95-027, § 9, 1995; Ord. 94-001AM, § 6 (part), 1994; Ord. 80-87, § 3, 1980; Ord. 80-8 (part), 1980)


(A)    Ballot propositions submitted to the voters under MSB 5.10.025 shall contain:

(1)    The question of whether a service area to be known as the _______________ service area shall be established to provide services.

(2)    A clear description of the geographic area shall be included on the ballot or made available to voters at the precinct polling place.

(3)    A map depicting the location and boundaries of the proposed service area shall appear on the ballot or be made available to voters at the polling place.

(4)    The estimated cost of the proposed services for the first year expressed in mills and dollar amounts.

(5)    Other information as the assembly by ordinance deems appropriate.

(Ord. 94-001AM, § 6 (part), 1994; Ord. 89-99, § 2, 1989; Ord. 88-199, § 2, 1988; Ord. 80-8 (part), 1980)

5.10.035 ELECTION.

(A)    Ballot propositions proposing the establishment or the abolition of service areas shall be submitted only to the qualified voters residing within the proposed service area or the service area to be abolished.

(B)    Ballot propositions proposing the annexation of territory to an existing service area other than a road or fire protection service area shall be submitted only to the qualified voters residing within the area proposed for annexation. If, however, the assembly finds, based on public testimony and other information received in connection with consideration of an ordinance proposing modification of a service area and the analysis and recommendation of an existing board of supervisors having jurisdiction over the area in question, that the area affected by the proposed annexation includes the existing service area, the proposition must be approved by a majority of the voters within each area before it is effective. In determining the area affected by service area modification, the assembly shall consider its effect on the level of services, the cost of services, and public policy favoring maximum local self-government through a minimum of local government units.

(Ord. 08-039(AM), § 3, 2008; Ord. 80-87, §§ 4 and 5, 1980; Ord. 80-8 (part), 1980)


Unless otherwise stated in the ordinance and ballot proposition establishing a service area, provision of municipal services in that area shall commence on July 1st following certification of the election at which establishment of the service area was approved.

(Ord. 80-8 (part), 1980)


(A)    The assembly may establish a service area by ordinance which may include only vacant, unappropriated, and unreserved land owned by the borough. The borough may establish a service area, with the concurrence of the commissioner of natural resources, which may include only vacant, unappropriated, and unreserved land owned by the state and classified for disposal to individuals. The borough may provide those services in a service area established under this section necessary to develop state or municipal land as required by planning and planning ordinances of the borough.

(B)    Provided that formation of service areas authorized by this section is accomplished by ordinance, the provisions of MSB 5.10.010 through 5.10.040 do not apply to formation of those service areas.

(Ord. 80-8 (part), 1980)


(A)    Where a boundary of a service area is a section line, the right-of-way, if any, along both sides of the section line is included in the service area. State-maintained roads within described territory of road service areas are excluded.

(B)    Boundary streets of subdivisions within service areas shall be included within the service area to the extent of the full width of those streets to abutting property lines.

(Ord. 80-8 (part), 1980)