Sec. 29.35.320. Initiation of acquisition of power.

275 words·~1 min read·/ak/title-29/chapter-35/29-35-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An election on the question of adding an areawide power in a first class borough or of adding an areawide or nonareawide power in a second class borough may be initiated in two ways:

(1)a number of voters equal to 15 percent of the number of votes cast at the preceding regular election in the area, either areawide or nonareawide, in which the election is to be held may file a petition with the borough clerk; or

(2)the assembly may propose the acquisition of the power.

(b)An election on the question of adding a power in a third class borough for exercise in a service area may be initiated in two ways:

(1)a number of voters equal to 15 percent of the number of votes cast at the preceding regular election in a proposed service area in which the power is sought to be exercised may file a petition with the assembly; or

(2)the assembly may propose the acquisition of the power.

(c)The borough clerk shall certify whether a petition filed under

(a)or

(b)of this section contains the required number of signatures.

(d)Within 30 days after a petition is certified as containing the required number of signatures or the assembly proposes the acquisition of a power, at least one public hearing shall be held in the borough on the question. The assembly shall then evaluate the ability of the borough to exercise the power and make its findings public. Within 60 days after its findings have been made public, the assembly shall order an election on the question.