§ 16.04.040. Public hearing—Required where—Notice—Assembly authority.
Latest version.
The assembly or mayor shall fix the time and place of a public hearing to consider
the necessity for the proposed service area or expanded service area. The place of
the public hearing shall be within the boundaries of the area proposed to be established
as a service area or an expansion thereof, or in a publicly owned building in closest
proximity to any of the boundaries of the proposed service area, in the event that
facilities within the boundaries are not adequate to hold the public meeting. When
expansion of a service area is being considered, a public hearing shall be held in
each area under consideration for expansion. Notice of the hearing shall be published
in a newspaper of general circulation in the proposed service area or expanded area
not less than one week prior to the hearing, the notice of the hearing to be posted
in each post office which is utilized by the residents of the proposed service area
or expanded service area. After hearing the interested persons favoring or opposing
the proposed service area, the assembly may extend or shorten the boundaries of the
proposed service area or expansion thereof and may introduce an ordinance at the next
regular meeting of the borough assembly to establish the proposed service area or
expand an existing service area with whatever boundary changes are made by the assembly
as a result of the information received on the petition and at the public hearing.
The boundaries of a road service area must consist of one or more election precincts
as provided in this chapter. The public hearing provided for in this section may be
held by a special committee of less than the whole assembly; provided, that the special
committee shall make a report of its findings and recommendations to the whole assembly
at a regular meeting prior to the assembly's action on the proposed service area or
expansion thereof. The president of the assembly shall appoint the members of the
special committee to hold the public hearing at a time and place fixed by the assembly.
This section shall only apply to proposed new service areas and service area expansions
for which voter approval is required in either AS 29.35.450 or AS 29.35.490.