MEMORANDUM

TO: Pete Sprague, Assembly President

Kenai Peninsula Borough Assembly Members

THRU: Dale L. Bagley, Borough Mayor

THRU: Max Best, Planning Director

Paul Ostrander, Land Management Officer

FROM: Roy E. Dudley, Land Management Agent

DATE: July 24, 2003

SUBJECT: An Ordinance Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings

Through tax foreclosure proceedings pursuant to AS 29.45.290 et seq. the Kenai Peninsula Borough ("KPB") has filed a request for a clerk's deed to the real property listed in the subject ordinance. The clerk's deed is expected to be issued prior to August 5, 2003, and the assembly will be advised of its issuance. Notice of sale will be sent to last owners of record by certified mail within five days after first publication of the hearing of this ordinance as required by AS 29.45.460(c).

A preliminary tax foreclosure brochure of parcels proposed for the 2003 auction was sent for review and comment to the KPB School District, all KPB administrative departments, and KPB Service Areas. The subject ordinance authorizes the retention of 9 parcels for public purposes with recommended classifications. The ordinance also authorizes the sale of 68 parcels by public outcry auction. The number of parcels to be retained or sold will change if taxes are paid.

The tax foreclosure auction is scheduled for October 4, 2003 in the assembly chambers of the Borough administration building. A shortened hearing is requested for this ordinance to allow for the October 4, 2003 auction date. October 4, 2003 is selected as the earliest date the auction can be held and still meet advertising requirements and avoid snowy road conditions that could prevent bidders from properly viewing the property or attending the auction.

The Planning Commission will conduct a public hearing for the subject ordinance at its regularly scheduled August 11, 2003 meeting. Its recommendation will be provided to the assembly following that meeting.