Jonah Patel
Article X of the Alaska Constitution, which is concerned with local government, establishes cities in Alaska. The article outlines the provisions for local government, as well as the division and organisation of the government. The article defines cities and their governing bodies, boundaries, and the manner in which they are incorporated. It also establishes the powers of cities, including the ability to transfer powers or functions to the borough in which they are located, and the authority to levy taxes.
| Characteristics | Values |
|---|---|
| Local government | Vested in boroughs and cities |
| Governing body | Council |
| Boundaries | Defined by the Local Boundary Commission or Board |
| Powers | All legislative powers not prohibited by law or by charter |
| Functions | Duties include conducting elections and holding regular meetings of the governing bodies |
| Taxation | Only organized boroughs and cities may levy taxes |
| Incorporation | Cities shall be incorporated in a manner prescribed by law and shall be part of the borough in which they are located |
| Representation | The Alaska Borough Assemblies ballot question, approved by voters in 1972, eliminated city representation on Borough Assemblies |
| Size | Sitka is the largest municipality by land area, spanning 2,870.34 sq mi (7,434.1 km2); Kiana is the smallest at 0.19 sq mi (0.49 km2) |
| Population | According to the 2020 United States Census, Alaska has 733,391 inhabitants and 149 incorporated cities |
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What You'll Learn
- Article X of the Alaska Constitution outlines the provisions for local government
- Cities are defined by their governing bodies, boundaries, and inclusion in boroughs
- Incorporated cities are categorised as either general law or home rule
- Home rule cities can exercise all legislative powers not prohibited by law
- Only organised boroughs and cities may levy taxes
Article X of the Alaska Constitution outlines the provisions for local government
The article states that the only local government units are cities and boroughs, both organised and unorganised. Only organised boroughs and cities may levy taxes. A home rule borough or city may exercise all legislative powers not prohibited by law or by charter. Cities are defined by their governing bodies, councils, and boundaries. They are incorporated in a manner prescribed by law and are part of the borough in which they are located.
Service areas can 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 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 authorise the levying of taxes, charges, or assessments within a service area to finance special services.
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 and present it to the legislature during the first ten days of any regular session. The change shall become effective 45 days after presentation or at the end of the session, unless disapproved by a majority of the members of each house.
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Cities are defined by their governing bodies, boundaries, and inclusion in boroughs
Article X of the Alaska Constitution is dedicated to local government. It outlines the provisions for local government, as well as the division and organisation of the government. This article establishes that all local government power is vested in boroughs and cities.
Article X also defines cities and their characteristics. Cities are distinguished by their governing bodies, boundaries, and inclusion in boroughs. The governing body of a city is typically a council, and the boundaries of a city are defined within the article. Cities are incorporated in a manner prescribed by law and are considered a part of the borough in which they are located. They can transfer powers or functions to the borough unless prohibited by law or charter, and they may revoke transfers in the same manner.
The Alaska Constitution recognises two types of cities: home rule cities and general law cities. Home rule cities have all legislative powers not prohibited by law or charter, and general law cities are further subdivided into first-class and second-class cities. The duties of cities vary at the local level, but they generally include conducting elections and holding regular meetings of their governing bodies.
The constitution also establishes the concept of service areas within organised boroughs. These service areas can be established, altered, or abolished by the assembly, and they are responsible for providing special services. A new service area will not be established if the same service can be provided by an existing service area, by incorporation as a city, or by annexation to a city.
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Incorporated cities are categorised as either general law or home rule
Article X of the Alaska Constitution outlines the provisions for local governments, including the incorporation of cities. Incorporated cities in Alaska are categorised as either general law or home rule cities. This distinction relates to the degree of autonomy that cities have in governing themselves.
General law cities are governed primarily by state statutes. For example, state law may mandate that a general-law city must have a five-member city council, as is the case in California. The state legislature determines the bounds of a general law city's legal authority, and any changes to its governing structure must be made through legislative action.
On the other hand, home rule cities have greater flexibility in their governance structures. In the United States, a home rule city is defined by its own municipal charter document rather than solely by state statute. This means that a home rule city can choose a unique system of government, such as a "strong mayor" or "city manager" form. Home rule cities are granted the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with state and federal constitutions.
In Alaska, a home rule city may exercise all legislative powers not prohibited by law or by charter. Cities may transfer powers or functions to the borough in which they are located unless prohibited by law or charter, and they may revoke transfers in the same manner. Additionally, service areas within a borough can be established, altered, or abolished by the assembly, and new service areas should only be created if they cannot be provided by an existing service area or by incorporation as a city.
It is important to note that Alaskans do not have the power to use a citizen initiative to amend the state's constitution. Amendments to the Alaska Constitution require a two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session to be referred to the ballot.
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Home rule cities can exercise all legislative powers not prohibited by law
Article X of the Alaska Constitution establishes the provisions for local governments, vesting all local government power in boroughs and cities. This includes the authority of home rule cities to exercise legislative powers.
In the United States, a home rule city is a city where the governing system is defined by its own municipal charter document rather than solely by state statute (general law). Home rule cities are granted the authority to pass various types of laws to govern themselves, as long as these laws do not conflict with state and federal constitutions. This is in contrast to Dillon's Rule, applied in 40 out of 50 states, which states that local governments may only exercise powers specifically granted to them by the state.
Home rule cities in Alaska can exercise all legislative powers that are not prohibited by law or by charter. This includes the power to adopt ordinances, resolutions, rules, and regulations; acquire real and personal property; establish and maintain recreational facilities; fix, levy, and collect charges and fees; and adopt zoning regulations and conduct comprehensive planning. Cities in Alaska are incorporated in a manner prescribed by law and are part of the borough in which they are located. They have the ability to transfer powers or functions to the borough unless prohibited by law or charter, and may revoke transfers in the same manner.
The Alaska Constitution also establishes a local boundary commission or board in the executive branch of the state government. This commission or board can consider and propose local government boundary changes, which become effective 45 days after presentation or at the end of the session, unless disapproved by a majority resolution from each house.
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Only organised boroughs and cities may levy taxes
Article X of the Alaska Constitution is dedicated to Local Government. It establishes the provisions for local government, as well as the division and organisation of the government. According to Section 3 of Article X, the divisions are known as boroughs, and the article defines the organisation of these boroughs, whether they are assembled or unassembled, and the areas they service.
Article X also defines cities and their governing bodies, boundaries, and powers. Cities are incorporated in a manner prescribed by law and are a part of the borough in which they are located. A city may transfer to the borough in which it is located any of its powers or functions unless prohibited by law or charter. A home-rule borough or city may exercise all legislative powers not prohibited by law or by charter.
Article X also establishes service areas within organised boroughs, which can be altered or abolished by the assembly, subject to the provisions of law or charter. A new service area shall not be established if 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 authorise the levying of taxes, charges, or assessments within a service area to finance special services.
However, according to Article X, Section 1, the only local government units are cities and boroughs (both organised and unorganised), and only organised boroughs and cities may levy taxes. This is to prevent the duplication of tax-levying jurisdictions.
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Frequently asked questions
Article X of the Alaska Constitution, which focuses on local government, establishes cities.
Article X of the Alaska Constitution outlines the provisions for local government, stating that all local government power is vested in boroughs and cities. It also defines cities, their governing bodies, and their boundaries.
Article X covers the division and organization of local governments, including the establishment of service areas and the transfer of powers or functions between cities and boroughs. It also establishes a local boundary commission or board to consider and propose changes to local government boundaries.
