HomeMy WebLinkAboutRESOLUTION 2003-46Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 2003-46
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
ALASKA SENATE CONCURRENT RESOLUTION 12, ACKNOWLEDGING THE NATURAL
UNFAIRNESS IN THE CURRENT LOCAL GOVERNMENTAL STRUCTURE AND
REQUESTING THE LOCAL BOUNDARY COMMISSION TO PRESENT A
RECOMMENDATION FOR BOROUGH INCORPORATION TO THE LEGISLATURE IN
ORDER TO FORMALLY REQUEST RESIDENTS LIVING IN CERTAIN UNORGANIZED
AREAS OF ALASKA TO HELP OPERATE AND FINANCIALLY PROVIDE FOR THEIR
LOCAL SCHOOL SYSTEM.
WHEREAS, Article X, Section 1 of the Constitution of the State of Alaska encourages
the formation of borough governments encompassing large, natural regions and the
Alaska State Legislature has a duty under Article X, Section 3 of its Constitution to
establish fundamental State policy regarding the formation of organized boroughs; and,
WHEREAS, the initial State policy for borough formation was established by the
Borough Act of 1961 and provided for the formation of boroughs through a voluntary
"local option" process which was proven to be ineffective, causing the 1963 Alaska
State Legislature to mandate the formation of boroughs encompassing 80% of
Alaskans; and,
WHEREAS, following the implementation of the 1963 Mandatory Borough Act, the
State of Alaska inexplicably reverted for the past four decades to the generally
ineffectual policy of forming boroughs through voluntary means; and,
WHEREAS, the State of Alaska imposes significant duties and financial obligations on
organized boroughs and home-rule or first-class cities in the unorganized borough but
does not do so for the remainder of Alaska; and,
WHEREAS, the significant financial obligations imposed by the State on organized
boroughs and home-rule or first-class cities in the unorganized borough are, in effect,
a $165 million annual State tax levied selectively on the areas noted; and,
WHEREAS, there is no reasonable basis, such as fiscal or administrative capacity, for
the disparate treatment of Alaskans who live in organized boroughs and home rule or
first class cities in the unorganized borough in comparison with the remainder of
Alaskans' and,
WHEREAS, Article 1, Section l of the Constitution of the State of Alaska provides that
all persons are equal and entitled to equal rights, opportunities, and protection under
the law, and that all persons have corresponding obligations to the people and to the
state; and,
WHEREAS, the Local Boundary Commission determined in its February, 2003 report
entitled "Unorganized Areas of Alaska that Meeting Borough Incorporation Standards"
that a number of unorganized regions currently meet standards for borough
Resolution No. 2003-46
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incorporation; and,
WHEREAS, Alaska Senate Concurrent Resolution 12 requires the Local Boundary
Commission to consider borough incorporation for four of the unorganized areas
determined to meet borough incorporation standards; and,
WHEREAS, formation of boroughs promotes maximum local self-government, equity,
and fairness; and also relieves the State of the substantial burden of providing
fundamentally local services.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the City of Kenai supports Alaska Senate Concurrent Resolution 12 and
urges the Second Session of the Twenty-Third Alaska State Legislature to pass SCR 12.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, t~is 17th day of
September, 2003.
/~OHN/W~L£rAM'~ ~- MAYOR
ATTEST:
Carol L. Freas, City Clerk