A RESOLUTION F THE CITY COUNCIL URGING THE KENAI PENINSULA BOROUGH TO ENACT ORDINANCE 99-47 REGARDING BRIDGE CREEK WATERSHED.

WHEREAS, Kenai Peninsula Borough Ordinance 99-47, AUTHORIZING THE CITY OF HOMER TO EXERCISE EXTERRITORIAL JURISDICTION IN THE BRIDGE CREEK WATERSHED FOR THE PURPOSE OF PROTECTING ITS WATER SUPPLY AND WATERSHED, was introduced by Assemblyman Scalzi at the August 3rd Regular Meeting; and

WHEREAS, the public hearing for Ordinance 99-47 is September 7th, during the regular Kenai Peninsula Borough Assembly meeting to be held in Homer at the Homer City Hall Council Chambers; and

WHEREAS, The City of Homer provides water to its residents and non residents and relies exclusively on the Bridge Creek watershed for its water supply, which lies outside of the Homer city limits; and

WHEREAS, Alaska Statute 29.35.020(b)(1) specifically authorizes a municipality to adopt an ordinance to protect its water supply and watershed, and to enforce this ordinance outside of its boundaries/limits; and

WHEREAS, Alaska Statute 29.35.020(b) states that before a power authorized by this subsection may be exercised inside the boundaries of another municipality, in this case the Kenai Peninsula Borough, the approval of the other municipality must be given by ordinance, hence the Borough Ordinance 99-47; and

WHEREAS, it is in the Borough's best interest to delegate this power to the City of Homer.

NOW, THEREFORE BE IT RESOLVED that the Homer City Council urges the Kenai Peninsula Borough to enact Ordinance 99-47 regarding Bridge Creek Watershed.

PASSED AND ADOPTED by the Homer City Council this 23nd day of August, 1999.

CITY OF HOMER

ATTEST: ___________________________

JACK CUSHING, MAYOR

_________________________________________

MARY L. CALHOUN, CMC/AAE, CITY CLERK

Fiscal Note: NA.