HJR 39: Disapproving the Local Boundary Commission recommendation regarding the annexation of territory to the City of Fairbanks.
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.