(a) A regional solid waste management authority may be created in one of the following ways:

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Terms Used In Alaska Statutes 29.35.805

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
(1) the governing body of a municipality may, by ordinance, create a regional solid waste management authority as a public corporation of the municipality;
(2) the governing bodies of two or more municipalities may, by substantially identical ordinances adopted by each of the governing bodies, create a regional solid waste management authority as a public corporation of the municipalities.
(b) One or more municipalities may join an authority established under (a)(1) or (2) of this section upon the adoption of substantially identical ordinances by the governing bodies of each affected municipality.
(c) A regional solid waste management authority created under this section is a body corporate and politic and an instrumentality of the municipality or municipalities creating it but has a separate and independent legal existence.
(d) Creation of a regional solid waste management authority under Alaska Stat. § 29.35.800 – 29.35.925 is an exercise of a municipality’s extraterritorial jurisdiction under Alaska Stat. § 29.35.020.
(e) The enabling ordinance by which a regional solid waste management authority is established must specify the powers, boundaries, and limitations of the regional solid waste management authority.
(f) An ordinance creating a regional solid waste management authority must be approved by the voters of the municipality or municipalities participating in the authority for the authority to be established.
(g) Nothing in Alaska Stat. § 29.35.800 – 29.35.925 prevents a municipality or municipalities from creating or participating in a public corporation, including a regional solid waste management authority, in any form or manner not prohibited by law. However, Alaska Stat. § 29.35.800 – 29.35.925 only apply to and may only be used by a regional solid waste management authority created under this section.
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