KENAI PENINSULA BOROUGH CODE OF ORDINANCES

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A codification of the General Ordinances of Kenai Peninsula Borough, Alaska

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Originally published in 1975 by Book Publishing Company
Reprinted in 1998 by Municipal Code Corporation
Kept current through regular supplementation by the Office of the Kenai Peninsula Borough Clerk
144 North Binkley
Soldotna, Alaska 99669

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Republished in 1998 by Municipal Code Corporation

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PREFACE

The Kenai Peninsula Borough Code, originally published by Book Publishing Company in 1975, has been kept current by regular supplementation.

During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of the Borough Clerk. From 1987 through June 1997, the Borough Clerk's Office was responsible for keeping the Code current. In the Fall of 1997, Municipal Code Corporation performed an audit of the Code. The audited Code was republished in its entirety in April 1998.

The Code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the number of the title, chapter and section. Thus, Section 18.12.050 is Section .050 located in Chapter .12 of Title 18. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion.

In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the Code, listing by number all ordinances, their subjects, and where they appear in codification.

A subject-matter index, with complete cross-referencing, locates specific code provisions by individual section numbers.

This republication of the Code brings the Code up to date through Ordinance 97-73, enacted December 16, 1997.

Johni Blankenship, MMC	OFFICE OF THE BOROUGH CLERK
Borough Clerk	KENAI PENINSULA BOROUGH
	144 N. Binkley Street
Michele Turner, CMC	Soldotna, Alaska 99669
Deputy Borough Clerk/Records Manager	907-714-2160

 

	MUNICIPAL CODE CORPORATION
	Tallahassee, Florida

 

KENAI PENINSULA BOROUGH
HISTORICAL NOTE

The Kenai Peninsula Borough was incorporated on January 1, 1964, as a borough of the second class by the Mandatory Borough Act (Chapter 52, SLA 1963) and the election held pursuant thereto on December 3, 1963, for determination of whether the borough should be first-class or second-class.

As so incorporated, the borough consisted of the combined Seward Election District No. 9 and the Kenai-Cook Inlet Election District No. 10 except for the Wildwood Station which was specifically excluded under Section 3(d) of said Act by the following provision:

"(d)" So long as the following areas remain military reservations, they shall be excluded from any borough incorporated in accordance with this section; provided, however, that when an area shall no longer be subject to a military reservation, it shall become a part of the borough surrounding it. Areas excluded at this time are:
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"(7) Wildwood Station (base proper) …"

Pursuant to the provisions of said Mandatory Borough Act referred to above, Wildwood Station became a part of the Kenai Peninsula Borough on June 30, 1973, the effective date of the Public Land Order No. 5346 revoking Public Land Order No. 773 which had withdrawn said land for use fo the Department of the Army for military purposes.

Other modifications of the original boundaries of the Kenai Peninsula Borough have been accomplished by action of the Local Boundary Commission of the State of Alaska pursuant to law.

The city school districts existing in the borough at the time of its incorporation were integrated into the borough by Sections 24.05.050, 25.05.010, and 24.05.015 of the Kenai Peninsula Borough Code of Ordinances adopted December 7, 1965, within the 2-year period of incorporation mandated by the statute applicable at the time, and since this integration has been accomplished, as require, by a special act of the assembly, they will not be codified in the new code.

By ordinance 69-11 the borough assembly, with the concurrence of the district school board, enacted Section 24.050.012 of the Code of Ordinances of the Kenai Peninsula Borough to provide for a school board of seven members. Since AS 14.12.040 provides that the number of members shall not be changed once a district has a seven-member board, this ordinance a special act of the assembly and will not be codified in the new code.

CURRENT BOUNDARIES OF THE KENAI PENINSULA BOROUGH

According to the Certification of Boundaries executed by the Commissioner of the Department of Community and Regional Affairs of the State of Alaska, the boundary description of the Kenai Peninsula Borough effective January 18, 1979, was:

Beginning at Cape Douglas on the west side of Cook Inlet at the N.E. corner of Sec. 27, T15S, R24W (Projected), Seward Meridian, State of Alaska;

Thence west to the N.E. corner of Sec. 29, T15S, R26W (projected);

Thence south to the S.E.corner of Sec. 32, T16S, R26W (projected);

Thence west to the N.E. corner of T17S, R28W (projected);

Thence south to the S.E. corner of T17S, R28W (projected);

Thence west to the S.W. corner to T17S, R32W (projected);

Thence north to the N.W.corner of T17S, R32W (projected);

Thence west to the S.W. corner of T16S, R32W (projected);

Thence north to the N.W. corner of T13S, R32W (projected);

Thence west to the S.W. corner of T12S, R32W (projected);

Thence north to the N.W. corner of T11S, R32W (projected);

Thence east to the S.W. corner of T10S, R30W (projected);

Thence north to the N.W. corner of T9S, R30W (projected);

Thence east to the S.E. corner of T8S, R29W (projected);

Thence north to the N.E. corner of T8S, R29W (projected);

Thence east to the N.E. corner of T8S, R28W (projected);

Thence north to the N.W. corner of T6S, R27W (projected);

Thence east to the S.W. corner of T5S, R26W (projected);

Thence north to the N.W. corner of T5S, R26W (projected);

Thence east to the S.W. corner of T4S, R25W (projected);

Thence north to the N.W. corner of T1S, R25W (projected);

Thence east to the S.W. corner of T1N, R24W (projected);

Thence north to the N.W. corner of T4N, R24W (projected);

Thence east to the S.W. corner of T5N, R23W (projected);

Thence north to the N.W. corner of T8N, R23W (projected);

Thence west to the S.E. corner of T9N, R24W (projected);

Thence north to the N.E. corner of T12N, R24W (projected);

Thence west to the S.E. corner of T13N, R24W (projected);

Thence north to the N.E. corner of T15N, R24W (projected);

Thence east to the N.E. corner of T15N, R12W (projected);

Thence south to the N.W. corner of T13N, R10W (projected);

Thence east to the N.E. corner of T13N, R10W (projected);

Thence south to the S.E. corner of T13N, R10W (projected); said corner being in Cook Inlet at longitude 150°58′18″W, latitude 61°10′00″N;

Thence southeasterly to the S.E. corner of T12N, R9W (projected), said corner being in Cook Inlet at longitude 150°46′37″W, latitude 61°04′49″N;

Thence northeasterly to the N.E. corner of T12N, R7W (projected); said corner being in Cook Inlet at longitude 150°26′01″W, latitude 61°10′01″N;

Thence southeasterly to the N.E. corner of T11N, R6W (projected), said corner being in Turnagain Arm at longitude 150°14′40″W, latitude 61°04′49″N;

Thence east to the N.E. corner of T11N, R5W (projected), said corner being in Turnagain Arm at longitude 150°04′01″W, latitude 61°04′49″N;

Thence southeasterly to the N.E. corner of Sec. 24 T10N, R2W (projected) said corner being in Turnagain Arm at longitude 149°32′05″W, latitude 60°57′01″N;

Thence southeasterly to the N.E. corner of T9N, R1W (projected), said corner being in Turnagain Ann at longitude (149°21′26″W, latitude 60°54′25″N;

Thence east to the N.E. corner of T9N, R1E (projected), said corner being in Turnagain Arm at longitude 149°10′48″W, latitude 60°54′25″N;

Thence southeasterly to the N.E. corner of Sec. 15, T9N, R2E (projected), said corner being in Turnagain Arm at longitude 149°03′41″W, latitude 60°52′41″N;

Thence southerly to the N.E. corner of Sec. 26, T9N, R2E (projected), said corner being in Turnagain Arm at longitude 149°01′55″W, latitude 60°50′57″N;

Thence south to the S.E. corner of Sec. 35, T9N, R2E (projected);

Thence west to the N.E. corner of Sec. 2, T8N, R2E (projected);

Thence south to the N.E. corner of Sec. 2, T7N, R2E (projected);

Thence east tot he N.E. corner of T7N, R4E (projected);

Thence south to the S.E. corner of T5N, R4E (projected);

Thence west to the N.E. corner of T4N, R4E (projected);

Thence south to the N.E. corner of Sec. 25, T4N, R4E (projected);

Thence east to the S.E. corner of the S.W. ¼ of Sec. 22, T4N, R5E (projected);

Thence southerly to the S.E. corner of the S.W. ¼ of Sec.34, TIN, R5E (projected);

Thence west to the N.E. corner of the N.W. ¼ of Sec. 3, TIS, R5E (projected);

Thence southerly to the S.E corner of the N.W. ¼ of Sec. 27, TIS, R5E (projected);

Thence west to the S.W. corner of the N.W. ¼ of Sec. 27, TIS, R5E (projected);

Thence south to the N.E. corner of Sec. 9, T3S, R5E (projected);

Thence southwesterly to the S.E. corner of Sec. 7, T3S, R5E (projected), said corner being at or approximately at Cape Junken;

Thence southwesterly to the S.E. corner of the N.E. ¼ of Sec. 4, T4S, R1E (projected), said corner being at or approximately at Barwell Island;

Thence southwesterly to the N.E. corner of the S.E. ¼ of Sec. 17, T5S, R1W (projected), said corner being at or approximately at Pilot Rock;

Thence southwesterly to the S.W. corner of the S.E. ¼ of Sec. 33, T7S, R2W (projected), said corner being at or approximately at Seal Rock

Thence southwesterly to the N.W. corner of Sec. 14, T10S, R7W (projected), said corner being at or approximately at Pye Reef;

Thence southwesterly tot he S.E. corner of the N.E. ¼ of Sec. 28, T11S, R10W (projected), said corner being at or approximately at Gore Point;

Thence southwesterly to the S.E. corner of the N.E. ¼ of Sec. 27, T12S, R13W (projected), said corner being on or approximately on the southerly point of East Chugach Island;

Thence southwesterly to the S.E. corner of Sec. 31, T12S, RI4W (projected), said corner being at or approximately at Perl Rock;

Thence southwesterly to longitude 153°00′00″W, latitude 59°02′00″N, in Cook Inlet;

Thence southwesterly to the place of beginning at Cape Douglas, containing 25,600 square miles more or less.

Together with all state water lying within and appurtenant to the above described boundary; except, all wasters lying more than three miles southerly of the boundary line between Perl Rock at the or approximately at the S.E corner of Sec. 31, T12S, R14W (projected) and longitude 153°00′00″W, latitude 59°02′00″N, in Cook Inlet, and the N.E. corner of Sec. 27, T15S, R25W (projected), at Cape Douglas, southwesterly offshore jurisdiction terminates at a line beginning at the N.E. corner of Sec. 27, T15S, R24W (projected) at Cape Douglas; and extending S62°30′00″E three miles.