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![handle is hein.sag/sagnd0004 and id is 1 raw text is: LETTER OPINION
2006-L-01
January 3, 2006
Mr. John P. Van Grinsven
Ward County State's Attorney
PO Box 5005
Minot, ND 58702-5005
Dear Mr. Van Grinsven:
Thank you for your letter asking several questions regarding whether the Ward County
Commission may donate money to assist in the purchase and installation of new seating in
the All Seasons Arena (ASA), a facility located on grounds owned by the State Fair
Association in Minot, North Dakota. If so, you ask how the donation may be
accomplished. For the reasons explained below, it is my opinion that the county may
make the donation for the purpose of improved seating, provided that there is a joint
powers agreement between the involved governmental entities.
ANALYSIS
The Ward County Commission was asked to donate $97,780 to be applied to the
purchase and installation of new seating in the ASA. Further, it was requested that this
donation be made to the Arena Commission, an entity created in 1974 by a written joint
powers agreement among Ward County, the city of Minot, and the State Fair Association.
The stated purpose of the Arena Commission was to supervise, manage, and operate the
ASA. Under a second written agreement, labeled Management Agreement, dated
October 1, 1976, the Arena Commission granted to the North Dakota State Fair
Association, and the State Fair accepted, the management responsibility for the All
Season's Arena. Under the amendment, the Arena Board continues to serve in an
advisory capacity to the State Fair Association and it's [sic] management.
This request for a donation was not made in time to be incorporated into the 2006 budget
of Ward County. Thus, there is not at this time a designated source for these funds in the
2006 budget. Ward County expects that money for this donation will be obtained from
funds appropriated to certain county departments and from the general fund.'
1 Ward County should determine, before transferring any funds, that there are no
restrictions on the use of the funds which would prevent the county from using the funds
for the proposed project. As noted by a well-respected treatise on municipal corporations
[i]t is well settled that money raised for a special municipal purpose, under express](ViewImageLocal?handle=hein.sag/sagnd0004&div=1&collection=&method=preview&ext=.png&size=3)