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Senators Gardner and Wielechowski Release Legal Opinion Clarifying Use of Project 80's Appropriation Intended for Deferred and Critical Maintenance, Not New Construction

Construction of new tennis facility not under scope of appropriation

ANCHORAGE – This evening the Anchorage Assembly will once again meet to consider acceptance of a portion of a state grant appropriated to the Municipality of Anchorage for “Project 80’s Deferred and Critical Maintenance.” Senators Berta Gardner (D-Anchorage) and Bill Wielechowski (D-Anchorage) received legal opinions indicating any usage of the funds for construction of a new tennis facility would not fit within the purpose of the appropriation. 

“The procurement and use of this appropriation has been debated in Anchorage for months. The decision to accept or deny these funds now rests with the Assembly and I believe they should have the best information possible to make an informed decision on behalf of our community.  As the opinion states, construction of a new facility for tennis courts would not be within the parameters of the appropriation,” stated Senator Gardner.

A total project snapshot, or “TPS” report, is generated on proposed capital project grants under consideration by the Legislature. The TPS report for this appropriation indicated a portion of the monies allocated would be used to expand and repair Dempsey Arena. Subsequent proposals discussed and considered by the Municipality of Anchorage have attempted to allocate this portion of funds to design and construct a new stand-alone tennis facility.

“This is not about whether you do or do not support tennis. The appropriation was intended for deferred and critical maintenance, not new construction,” said Senator Wielechowski. 

To view the Legislative Legal Services opinions click here:

http://alaskasenatedems.com/docs/121713_Project_80s_legal_memo.pdf

http://alaskasenatedems.com/docs/121713_Project_80s_legal_memo_BW.pdf

For more information contact Thomas Presley at (907) 269-0174.

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