HomeMy WebLinkAboutORDINANCE 0289-1976 CITY OF KRNAI Y
ORDINANC~ NO. 259-76 ~'
Plg ORDINANCE PROTECTING THE WATER SUPPLY AND WATERSHED OF THE
CITY O.F KENAI, ALASKA, AND PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE OUTSIDI~ THE CITY LIMITS.
WHEREAS, A8 29.48.037 allows a City to adopt ordinances protecting
its watershed and to ~n. force such ordinances outside its City limits, and
WHEREAS, the City of Kenai derives its principal water supply from the
Beaver Creek aquifer northeast of the City, and
WHEREAS, it is in the public interest to adopt an ordinance protecting
such aquifer.
blOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai,
Alaska, that:
.Seaflon 1. It shall be unlawful for anl, person or other entity
to dig, build, drive, drill ox. in any manner construct a well or
otherwise appropriate water from beneath the suz. faee in the
following described territory without the prior written consent
of the City of Kenai:
P~.~' 8o. hed-~e 'A' ~ illust~'~tod by the ,tt,ched m,p.
Consent shall not be ~iven unless the Council of the City of Kenai
has approved such appropriation. They shall not approve the
appropriation ii' it is likely to have a substantial detrimental
eff~,t on the City's water supply.
Section 2. Any person or entity violating the provisions of
Seation I shall be subject to a civil penalty of $300.00 for each
offense. Each and every day such offense continues shall bo
deemed a separate violation. In addition, the City may enjoin
the violator from any further appropriation.
P~SSED BY THE COUNCIL OF TH£ CITY OF ~NA!, AI~.SKA, tht~ ~,'d
d~y of lvl'~.eh ,197§.
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ATTEST:
Sue C, Pe~, City Clex. k
CtTY.~OF KENAI, ALASKA
.~MES A. ~LSON, !MAYOR - ' -
FIRST READING:
SECOND READING:
EFFECTIVE, DATE:
F~bx'unx, y 18, 1976
*~n~'eh $, 1976
,ap~,tl 3, 1976
Page 2, ORDINANCE NO. 289-76
The boundary line encompasse.~; fifty fS0J square miles of
Beaver Creek ground t~/ater Systct,.
The boundary line beg!ns at the intersection of Section 36,
T6N, Rll~ and Section 31, T6N, RIO~, and Section 4, TSN, RI0~
and Section 3, 1'5N, Rll~. The line runs north through the
corner of Section 31, T6N, R10~; through the center of Sc.c~on 5~I,
T6g~ R10~; through the S~ corner of Section 19, '1'6~, RI0~; north
along the east boundary of Section 24~ T6N~ RII~; continuing through
the southwest corner traversing through the center of and bisecting
the north boundary of Section 13, T6~, RII~; bisecting (northward}
Section 12, T6N~ Rll~; west through the southwest corner of
Section 1, T6~ RII~; into and west along the south boundary of
Section 2, T6~, ~11~; north through the northeast corner of
Section ~ T6~, Rll~; alon~ the east boundary of Section
77~ Rll~; through the southwest corner of Section 27, T7g,
Rll~; through the northwest corner of Section 26~ T7g, Rll~;
~ast through the southeast corner of Section 2~, T7~, Rll~;
into and north bisecting Section 24~ T7~ Rll~; through the
westerly part of Section 13, T7N, Rll~; continuing approximately
three-fourths of the way north in Section 12~ T7N, RllW; northeast
through the northwest corner of Section 7, T7N, RI0W; into the
southeast corner and bisecting the east boundary of Section 5,
TTN, R10W; turning north bisecting Section 5~ T7N, R10W; east
along the top of Section 5, T8N, R10W; continuing just inside
the north boundary and turning southeast along the east boundary
of Section 4~ TTN, R10W; crossing into and cutting through the
southwest corner of Section 3, T7N, R10W; continuing southwest
from the northwest corner to the southeast corner of Section 10,
TTN~ R10W; south along the east boundary of Section 15, T7N,
R10W; cutting the northeast corner of Section 22, T7N, R10W;
cutting through the so-thwest quadrant to the south boundary
and west, passing through the east boundary of Section 23, TTN,
R10W; turning southwest cutting the corner of the southwest
boundary of Section 24, TTN~ R10W; and the adjoining corner
northeast quadrant of Section 25, TTN, RIOW; running into and
turning south along the east boundary of Section 30, TTN, Rgw;
moving southwest bisecting the west boundary of Section 31, T7N,
RgW; passing into and cutting the corner o£ southwest quadrant of
Section 32, TTN, RgW; passing into and cutting the corner of the
northwest quadrant of Section 5, T6N, Rgw; through the southeast
quadrant and along the east boundary of Section 7, T6N, Rgw; turning
northwest to cut through the southwest quadrant of Section 7, T6N,
Rgw; passing into and cutting the northeast corner of Section 12,
T6N, R10W; running west into and along the south boundary of Section 1,
T6N, R10W; continuing west along the south boundary of Section 2,
T6N, R10W; running along the south border turning south to cut the
corner of the northwest quadrant of Section 10, I'6N~ R10W; south
along the west boundary of Section 15, TON, R10W; continuing along
the east boundary of Section 21, TbN, R10W; west along the north
boundarie~ of Section 28, T6N, RIOW, and Section 29, T6N, R10W;
south along the lower half of the boundary of Section 30, T6N, R10W;
ending at the point of beginning.
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CITY OF KENAI, ALASKA
ItSSOLUTION NO. 76-9
A RESOLUTIOlq REQUESTING THAT THE ASSEMBLY OF THE KENAI PENINSULA
BOROUGH PASS AN ORDINANCE APPROVING ORDINANCE NO.
OF THE CITY OF KEI~AI, ALASKA.
WHEREAS, the Council of the City of Kenat Dessed Ordinnnee
No. 289-76, .a copy of whteh is attached hereto, at thei~ meeting of
March 3, 1976, and
WIIEREAS, AS 29.48.037 states that before the power esserted in
Ordinance 289-76 may be exercised by the City of Kenat, within the
l~dndm*les of the Kenai Peninsula Borough, the approval of the Kenai
Peninsula Borough Assembly must be ~iven by ordinance.
NOW, THEREFORE, BE IT RESOLVBD by the Council of the City of Kenai,
Alaska, that the Assembly of the Kenai Peninsula Borough is hereby requested
to pass an o~dtnanee approving Ordinance No. 289-76 of the City of Kenai,
Passed this ~/~ day of
ATTEST:
eter, City Clerk
~. , 1976.
CITY OF KENAI, ALASKA
.,~gS A. ELSOIq, MAYOR