00                      HOUSE JOINT RESOLUTION NO. 39                                                                     
01 Disapproving the Local Boundary Commission recommendation regarding the                                                 
02 annexation of territory to the City of Fairbanks.                                                                       
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04       WHEREAS, under art. X, sec. 12, Constitution of the State of Alaska, the legislature                          
05 may, by resolution, disapprove annexation proposals submitted for review by the Local                                   
06 Boundary Commission; and                                                                                                
07       WHEREAS the Local Boundary Commission presented a report to the legislature,                                    
08 dated January 15, 2010, to annex approximately 0.05 square miles to the City of Fairbanks;                              
09 and                                                                                                                     
10       WHEREAS the Fourth Judicial District, encompassing the territory under                                          
11 consideration for annexation, was not represented on the Local Boundary Commission during                               
12 the entire proceedings; and                                                                                             
13       WHEREAS, the annexation would create an enclave--a critical, material fact under 3                              
14 AAC 110.130, the consequences of which the Local Boundary Commission failed to                                          
15 consider; and                                                                                                           
16       WHEREAS the proposed annexation contravenes several legal standards set out in 3                                

01 AAC 110.090 - 3 AAC 110.140 and 3 AAC 110.900 - 3 AAC 110.982, including                                                
02            (1)  reasonable need;                                                                                        
03            (2)  effects on the state; and                                                                               
04            (3)  acknowledgment of current emergency medical dispatch and service by the                                 
05 Fairbanks North Star Borough; and                                                                                       
06       WHEREAS the Fairbanks North Star Borough strongly opposes the annexation; and                                   
07       WHEREAS the proposed annexation would have an adverse effect on the Fairbanks                                   
08 North Star Borough's fire service area by eliminating approximately $52,000 in revenue from                             
09 its annual budget; and                                                                                                  
10       WHEREAS the proposed annexation would cost the Fairbanks North Star Borough                                     
11 an additional approximately $400,000 in lost revenue; and                                                               
12       WHEREAS all commercial residents in the territory proposed to be annexed oppose                                 
13 the annexation; and                                                                                                     
14       WHEREAS emergency services response time to the territory proposed to be annexed                                
15 would be significantly increased as a direct result of the annexation, thereby putting residents                        
16 at greater risk during medical and fire emergencies; and                                                                
17       WHEREAS the current fire service area provider has a superior local rating from the                             
18 Insurance Services Office, reflecting better emergency service and increasing the likelihood                            
19 of lower insurance rates for those in the affected area; and                                                            
20       WHEREAS the City of Fairbanks police and fire departments have consistently stated                              
21 that they are unable to meet the current demand for emergency services within existing city                             
22 boundaries; and                                                                                                         
23       WHEREAS, in lieu of a vote by the people in the territory adjoining the city, the                             
24 legislature serves as the only representation of those affected by annexation; and                                      
25       WHEREAS it is incumbent on the state to encourage the development of municipal                                  
26 infrastructure that provides public safety for all Alaskans;                                                            
27       BE IT RESOLVED by the Alaska State Legislature that the recommendation of the                                   
28 Local Boundary Commission received by the legislature in January 2010 regarding the                                     
29 annexation of approximately 0.05 square miles of territory to the City of Fairbanks is                                  
30 disapproved.