APPENDIX
CERTIFICATION OF RECLASSIFICATION
OF THE CITY OF BARROW
THIS CERTIFIES that in compliance with provisions of AS 29.08.040(a)--AS 29.08.040(f) the Department of Community and Regional Affairs affirmed, on March 21, 1974, that the population of the City of Barrow, a municipal corporation organized under the laws of the State of Alaska, exceeded 400 permanent residents.
THIS FURTHER CERTIFIES that a special election was held on April 30, 1974, in the City of Barrow wherein qualified voters were asked to approve reclassification of the City of Barrow to first class status; that the number of votes cast in the special election was 218; that a majority of the voters, by a vote of 188 to 30, approved reclassification of the City of Barrow to first class status; that the results of the election were certified by the city clerk of the City of Barrow and reported to the Department on May 10, 1974; and that effective June 9, 1974, the City of Barrow is a city of the first class with all the rights, powers and duties associated therewith.
IN WITNESS WHEREOF I have hereunto set my hand as Commissioner of the Department of Community and Regional Affairs this 22nd day of May, 1974.
(SIGNED) Byron I. Mallott
Commissioner
Department of Community and
Regional Affairs
STATE SEAL
ATTEST: (SIGNED) Norman C. Gorsuch
Lieutenant Governor Designee
Norman C. Gorsuch
STATE OF ALASKA
DEPARTMENT OF COMMUNITY
AND REGIONAL AFFAIRS
I, BYRON I. MALLOTT, Commissioner of the Department of Community and Regional Affairs, do hereby certify that the attached recommendations for a local government boundary change entitled
Recommendation for Correcting an Error in the Present Corporate Boundary Description of the City of Barrow became effective on March 5, 1972.
In drafting the description of the approved enlarged boundaries of the City of Barrow for submission to the Seventh State Legislature, First Session assembled, an error of ommission was made resulting in an incorrect description of the corporate limits of the city. The error was of a ministerial rather than a decisional nature and was in direct conflict with the decision of the Local Boundary Commission. The Commission determined that it is in the best interest of the City of Barrow and the State of Alaska that this error be corrected.
THE COMMISSION’S recommendation was presented to the State Legislature pursuant to Section 12, Article 10 of the Constitution of the State of Alaska:
Section 12. Boundaries. A local boundary commission or board shall be established by law in the executive branch of the state government. The commission or board may be consider any proposed local government boundary change. It may be present proposed changes to the legislature during the first ten days of any regular session. The change shall become effective forty-five days after presentation or at the end of the session, whichever is earlier, unless disapproved by a resolution concurred in by a majority of the members of each house...
THE SECOND SESSION of the Seventh State Legislature received the Commission’s recommendation on January 19, 1972, the tenth day of the legislative session. No resolution requesting legislative disapproval of the Commission’s recommendation were introduced. The Local Boundary Commission’s “Recommendation for Correcting an Error in the Present Corporate Boundary Description of the City of Barrow” became effective on March 5, 1972, the forty-sixth day after presentation to the Legislature. The boundaries of the City of Barrow are now, therefore, as described by the Local Boundary Commission’s recommendation, to wit:
Beginning at the southeast corner of the northeast 1/4 of Section 29, Unsurveyed T22N, R18W, Umiat Meridian, Alaska; thence North to the southeast corner of the northeast 1/4 of Section 17, Unsurveyed T22N, R18W; thence East to the southeast corner of the northeast 1/4 of Section 16, Unsurveyed T22N, R18W, Umiat Meridian, Alaska; thence North to the northeast corner of Section 16, Unsurveyed T22N, R18W; then East to the southeast corner of southwest 1/4 of Section 10, Unsurveyed T22N, R18W; then North to the northwest corner of the southwest 1/4 of the northeast 1/4 of Section 34, Unsurveyed T23N, R18W; thence East to the southeast corner of the northeast 1/4 of the northeast 1/4 of Section 34, Unsurveyed T23N, R18W; thence North to the point where the section line common to Sections 14 and 15, Unsurveyed T23N, R18W; intersects the mean low water line of the Chukchi Sea; thence in the southwesterly direction along the mean low water line of the Chukchi Sea to the point where the mean low water line of the Chukchi Sea intersects the east-west center line of Section 27, Unsurveyed T22N, R19W; thence East to the point of beginning, containing 21.0 square miles, more or less.
GIVEN under my hand and the Seal of the State of Alaska, in the City and Borough of Juneau, on this 5th, day of March, 1973.
(SIGNED) Byron I. Mallott
Commissioner
Department of Community and
Regional Affairs
STATE SEAL
ATTEST: (SIGNED) H. A. Brahn
Lieutenant Governor
ORDER OF INCORPORATION
(COPY)
UNITED STATES COMMISSIONER’S COURT FOR THE NOATAK KOBUK
RECORDING DISTRICT
SECOND JUDICIAL DIVISION, TERRITORY OF ALASKA
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In the matter of incorporation |
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of the Village of Barrow |
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ORDER OF INCORPORATION |
At this time the court considers the records and files from which it appear and the court finds that a petition was duly filed in this court and signed by at least ten bona fide residents twenty-one years of age or older of the community of Barrow in the Second Division of the Territory of Alaska praying that the community be incorporated as a village pursuant to CH. 150, SLA 1957.
Order was then made for a public hearing and that order duly posted in three public places in the village.
That a public hearing was held in the community on the subject of incorporation; that upon such hearing this court made its order finding that it is for the best interest and welfare of the above entitled village that it becomes incorporated.
The court did fix the time for the holding of an election to determine whether a majority of the qualified electors of said community desire to become incorporated as a village and did appoint three qualified voters as election judges.
That copies of election notices were posted in three public places within the proposed village.
That pursuant to said notice an election was duly held on the first day of August, 1958, and the election judges have sent to this court their returns and certification.
That at said election and by a separate ballot the electors cast their ballots for the election of five persons to serve as councilmen of said village; that it appears from the returns of the election judges that the following named persons received the highest number of votes as councilmen:
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EBEN HOPSON: |
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SAM TAALAK: |
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EDDIE HOPSON: |
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FORREST SOLOMON: |
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STEVE HOPSON: |
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That all matters and things necessary to be done and observed have been done and performed pursuant to the provisions of CH 150 SLA 1957.
And now the court being fully advised and having found as
ORDER OF INCORPORATION (CON’T)
DOES ORDER, ADJUDGE, AND DECREE the “Incorporated Village of Barrow,” situated and existing in the Second Division of the Territory of Alaska, now is and henceforth shall continue to be a duly incorporated village, pursuant to the provisions of CH. 150, SLA 1957; and shall enjoy and possess all the rights, powers, and the privileges granted by CH 150, SLA 1957; That the boundaries of said incorporated village shall be as follows:
“Using the present Post Office building as a central point and subscribing a circle of three miles extent surrounding this structure, it being understood that the high water mark will be the boundary on the side of the Arctic Ocean.”
That the village is declared a body politic under the name of the “Incorporated Village of Barrow.”
That said incorporated village shall have perpetual succession by such corporate name;
That said incorporated village is empowered to hold personal and real property necessary for its purposes;
That said incorporated village is empowered to sue and be sued;
That said incorporated village is empowered to make and amend ordinances, rules, regulations, and orders in accordance with law;
That said incorporated village is empowered to levy and collect a general sale tax;
That said incorporated village is empowered to do such other acts necessary or desirable to carry its powers into effect:
FURTHER, IT IS ORDERED, ADJUDGED, AND DECREED, That Eben Hopson, Sam Taalak, Eddie Hopson, Forrest Solomon, and Steve Hopson be, and they are hereby declared to be the duly elected councilmen of the “Incorporated Village of Barrow” and are entitled to hold such office of councilmen and perform their duties and functions thereof until one year from this date, or until their successors are elected and qualified.
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Dated: Kotzebue, Alaska 8-28-58 |
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s/Alfred G. Francis SEAL |
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U.S. Commissioner |
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August, 1958 |
8-28-58 |
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LAWS OF ALASKA, 1957
Sec. 6. Powers of the Council. The Council shall have the following powers:
(1) To provide suitable rules governing their own body and to elect one of their members president of the Council.
(2) To provide for necessary water supply, electricity, sewerage, and fire protection.
(3) To provide for the impounding and disposal of dogs.
(4) To levy and collect a sales tax not to exceed two percent in accordance with the procedure set forth in Sec. 7 of this Act, and to prescribe the manner of collecting said taxes.
(5) To adopt and enforce ordinances relating to intoxicating beverages.
(6) To appoint such officers and employees as may be deemed necessary.
(7) To make and perform contracts and agreements, not inconsistent with law, with any person, association, or corporation, with the Federal Government or any agency thereof, and with any agency of political subdivision of the Territory of Alaska, including agreements with the Territory for the rendition of public services.
(8) To provide for a curfew.
(9) To provide for the construction, maintenance and operation of roads, trails, and community buildings.
(10) To provide through zoning for reasonable control of land uses.
(11) To provide rules for annual and special elections.
All meetings of the Council shall be open to the public.