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HomeMy WebLinkAboutORDINANCE 0330-1977CITY OF KENAI ORDINANCE NO. 330-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REGARDING WATER SUPPLY AND WATER SHED PROTECTION AND PROVIDING FOR ENFORCEMENT OF THE ORDINANCE OUTSIDE TIIE CITY LIMITS. WHEREAS, AS 29.04.037 0u) authorizes a municipality to adopt ordinances to protect its water supply and water shed and to enforce them outside its boundaries, and WHERF. A$, the City of Kenai derives its water supply from the Beaver Creek aquifer northeast of the City, and WHEREAS, the City without invoking its rights under provisions of AS 29.04.037 has no means of protecting its water supply, and WHEREAS, it is in the public interest to adopt an ordinance protecting its water supply by requiring notification of the City of a potential user to enable the City to obtain due consideration by the State of the City*s needs for water. NOW, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, as follow~: Section 1: There is hereby added to the Code of the City of Kenai, Alaska a new Article 8 of Chaptex, 17, such Article to read in its entirety as follows: ARTICLE 8 Beaver Creek Ground Water, System NottfJeg[ion Required ~. cation 17-80: It shall be unlawful, without prior notification to the City of Kenai, fox, any person or other entity, to dt~, build, drive, drill or in any other manner construct a water well or otherwise appropriate water fl'om beneath the sm'face in the territory described and illustrated in Schedule A attached hereto and incorporated by reference. For~,~ o,f,,.Notiflcation Sj~ion 17'-8i: Prior notice shall be given by ~ing a certified true copy of the a{)plication for water rights in the form and manner prescribed by the State of Alaska, Department of Natural Resources, Division of Lands, Water Resources Section, with the City Clerk, City of Kenai, within seventy-two (?2) hours of appli- cation to the State of Alaska for water rights. ORDII~ANCE NO. 330-77, Poge 2 Section 17-83.~ Any person oz, entity violating the provisions of this Article shall be subJ~i~.o a civil penalty of $300 for each offense. Esch and every day such offense eot~tinues shall be deemed a separate violation. Section 2: City of Kenai Ordinance No. 289-76 is hereby repealed. Section 3: City of Kenai Ordinance No. 301-76 is hereby repealed. PASSED by the Council of the City of Kenai, Alaska this 6th day of April, 1977. ATT£ST: St~'C. Peter, City Clerk JAMES A. EL~ON, MAYOR FIRST READING: SECOND READII~G:. EFFECTICVE DATE: Max'eh 16, 1977 Spldl 6, 1977 ]',Y~V 6. ]977 SCltEDULE "A" (AMENDED] The boundary line encompasses fifty-two (52) square miles of Beaver Creek Ground $Vator System and is totally within the Kenai National bioose Range. The boundary linc begins on the Moose Range boundary between Section 31, T6N, R10~, Section 6, TSN, R10~, where the Moose Range boundary west forms a corner with the Moose Range boundary north; thence, north, following the Moose Range westerly most boundary to a point on the north most border of Section 5, TTN, R10W, where it inter~ects the Moose Range boundary; thence, east along the northe:rn border of Section 5 and 4, T7N, R10W, approximately two [2) miles; thence, southeast approximately two and one-half (2~) miles to a point of intersection at Sections 10, 11, 14, 1S, T7N, R10W; thence, south-southwest approximately 1.4 miles to a point on the south most border of Section 15, T7N, R10W, 1200 feet west of the intersection of Sections 15, 14, 23, 22, TTN, R10W; thence, 300 feet south where the boundary turns southwest and passes through the east most border of Section 22, TTN, R10W, approximately 1500 feet south of the intersection of Sections 1S, 14, 23, 22, T7N, R10W; thence, southwest through the northeast quarter into the southwest quarter of Section 25, T7N, R10W, to a point on the south most border of Section 23, T7N, R10~, 1500 feet from the corner intersection of Sections 23, 24, 25, 26, T7N, RIO~; thence, northeast passing through the most easterly border of Section 23, approximately 900 feet north of the intersecting corner of Sections 23, 24, 25, 26, TTN, R10~; thence, bisecting the most southerly border of Section 24, TTN, R10~; passing through the northeast quadrant of Section 25, T7N, R10~, to intersect the most westerly border of Section 30, T7N, RS~, approximately 300 £eet south of the corner intersection of Sections 24 and 25, TTN, R10~, Sections 19 and 30, TTN, RSW; thence, approximately 4,500 feet due east into Section 30, TTN, RSW; thence, due south bisecting the south most border of Section 30, TTN, RS~ and passing into Section 31, TTN, RS~ for approximately 900 feet due southl thence, southeast, intersecting the most westerly border of Section 32, T7N, RSW and proceeding east approximately 900 feet where it turns south-southwest and intersects the most southerly border of Section 32, TTN, R9W, approximately 300 feet east of the corner intersection of Sections 31, 32, T7N, RS~, and Section 5 and 6, T6N, RSW; thence, due south through the northwest quarter of Section 5, T6N, RSW approximately 1,500 feet; thence, ~urning southwest, intersecting the most easterly border of Section 6, T6N, RSW, at a point approximately 2,000 feet south from the corner inter§ection of Sections $ and 6, T6N, RSW and Sections $1 and $2, TTN, RSW; thence, through the southeast quadrant of Section 6, T6N, RS~, due southwest 2,100 feet; then, due s~uth 900 feet; thence, southwest to intersect the most northerly border of Section 7, T6N, RS~, approximately S00 feet west of the corner intersection of Sections S, 6, 7 and 8, T6N, RS~; thence, due south to the first major basin boundary approximately 500 feet west of the most westerly border et Section 8, T6N, R9W; thence, northwest to intersect the most westerly border of Section 7~ T6N, Rgb; passing straight northwest to ,intersect the most northerly border of Section 1, T6N, R10~, approximately 900 feet from the corner i~te~section of Sections 6 and 7, T6N, R9W, and Sections ! and 12, T6~, R10W; thence, northwest intersecting the most easterly border of Section 1, T6N, R10W, approximately 2,100 feet north of corner intersection of Sections 1, 2, 11 and 12, T6N, R10W; thence, west-southwest, intersecting the corner intersection of Sections 2, 3, 10, 9, T6N, RI0W; thence, ~pproximately 3,900 feet following the south most border of Section 3, TON, RiOW; thence, due south-southwest intersecting the most easterly border of Section 10, T6N, R10W, approximately 1,200 feet north of corner intersection of Sections 9, 10, 15 and 16, T6N, RI0W; thence, south-southwest intersecting the most southerly border of Section 21, T6N, R10W, approximately 1,800 feet west of the most easterly border of Section 21, T6N, Rgw; passing through the northwest quadrant of Section 28, T6N, RIOW, intersecting the most westerly border of Section 28, T6N, RIO~V, apuroximately 1500 feet south o~ intersecting corner, Sections 20, ~'.~.; 2b and 29, T6N, R10W; thence, 1.14 miles due west intersecting the most easterly border of Section 30, T6N, R10W, approximately 2,000 feet south of intersecting corner of Sections 19, 20~ 29 and 30, T6N. R10W; thence, due south, intersecting :he Moose Range boundary approx- imately one and one-half (1½) miles east from intersecting corner of Sections 28, 29, $2 and $3, T6N, R10W; thence, ~e~t to the point of beginning. · . ^0,! ") P .'..::/: i t'