MEMORANDUM

TO: Gary Superman, Assembly President

Kenai Peninsula Borough Assembly Members

FROM: Linda Murphy, Borough Clerk

Colette Thompson, Borough Attorney

DATE: November 24, 2004

SUBJECT: Ordinance 2004-38, Codifying Adoption of the All-Hazard Mitigation Plan.

After Ordinance 2004-33, Adopting the 2004 Kenai Peninsula Borough All-Hazard Mitigation Plan, was enacted it was realized that the codification language in Section 1 of that ordinance is ambiguous and requires clarification. Section 1 of that ordinance could be read to require either that the entire mitigation plan be adopted as Chapter 2.80, which would be very cumbersome, or that the plan be adopted by reference. Plans are normally adopted by reference rather than included in the actual code.

Additionally, it was not clear whether the assembly intended to include creation of the steering committee in the code of ordinances. However, doing so would clarify the authority for the committee.

This ordinance is largely a housekeeping ordinance to codify the adoption of the All-Hazard Mitigation Plan in Ordinance 2004-33 and establishment of the steering committee.