MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Colette Thompson, Borough Attorney

DATE: June 26, 2003

SUBJECT: Ordinance 2003-24 authorizing exercise of the powers necessary to conduct the Arctic Winter Games

Numerous citizens have raised concerns regarding the source of authority used by the Kenai Peninsula Borough to form the 2006 Arctic Winter Games Host Society, which will be responsible for conducting the 2006 Arctic Winter Games in the Kenai Peninsula Borough. The law provides that prior actions of a municipality may be ratified by the assembly to cure any defects in the prior acts, provided that the municipality was capable of performing the acts in the first place. Here, the questions have centered around the borough's failure to comply with the conditions contained in KPB Chapter 19.30 regarding the exercise of economic development. In order to clarify and eliminate any question regarding the legality of actions taken to date, the administration respectfully requests that the assembly amend Ordinance 2003-24 as follows:

Amend Section 2 as follows:

SECTION 2. That notwithstanding the provisions of KPB Chapter 19.30, which shall not apply to this project, the Kenai Peninsula Borough is authorized to exercise economic development powers and other applicable powers including without limitation land management powers, to form the Kenai Peninsula Arctic Winter Games 2006 Host Society, and conduct the Arctic Winter Games in the Kenai Peninsula Borough in 2006 pursuant to the contract with the Arctic Winter Games International Committee. All actions taken to date by the borough concerning bidding for the 2006 Arctic Winter Games, entering the contract with the Arctic Winter Games International Committee and forming the host society are hereby expressly ratified, and any defects are cured by virtue of this ratification.