Enrolled HB 185: Relating to certain municipal service areas that provide road services.
00Enrolled HB 185 01 Relating to certain municipal service areas that provide road services. 02 _______________ 03 * Section 1. AS 29.35.450(c) is amended to read: 04 (c) If voters reside within a service area that provides road, fire protection, or 05 parks and recreation services, abolishment of the service area is subject to approval by 06 the majority of the voters residing in the service area who vote on the question. A 07 service area that provides road, fire protection, or parks and recreation services in 08 which voters reside may not be abolished and replaced by a larger service area unless 09 that proposal is approved, separately, by a majority of the voters who vote on the 10 question residing in the existing service area and by a majority of the voters who vote 11 on the question residing in the area proposed to be included within the new service 12 area but outside of the existing service area. A service area that provides road, fire 13 protection, or parks and recreation services in which voters reside may not be altered 14 or combined with another service area unless that proposal is approved, separately, by 15 a majority of the voters who vote on the question and who reside in each of the service
01 areas or in the area outside of service areas that is affected by the proposal. This 02 subsection does not apply 03 (1) to a proposed change to a service area that provides fire protection 04 services that would result in increasing the number of parcels of land in the service 05 area or successor service area if the increase is not more than six percent and would 06 add not more than 1,000 residents; 07 (2) [. THIS SUBSECTION DOES NOT APPLY] in a second class 08 borough to abolishment of a road service area or consolidation of two or more road 09 service areas if 10 (A) [(1)] taxes have not been levied in the service area for road 11 maintenance or construction during the last 12 months and there is no balance 12 in any account available to pay for these road services for the service area; 13 (B) [(2)] during the last 12 months, the service area board has 14 not met with a quorum present and in accordance with law; or 15 (C) [(3)] there are no road maintenance contracts in effect for 16 the service area or the existing road maintenance contracts fail to provide for 17 minimum road standards required by law that are necessary to protect the 18 borough from civil liability; 19 (3) to require approval by the voters residing in a subdivision or 20 parcel proposed to be added to a road service area if roads maintained by the 21 service area provide the only access to the subdivision or parcel or provide access 22 to the subdivision or parcel that is required by the subdivision plat or by other 23 regulation or ordinance; 24 (4) to a change in the boundaries of a road service area to exclude 25 a subdivision or parcel that does not rely on the use of roads maintained by the 26 service area for the subdivision's or parcel's only access or for access that is 27 required by the subdivision plat or by other regulation or ordinance.