HomeMy WebLinkAboutOrd1977-450
12/6/77
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Intluced By:
City Attorney
Introduction Date: 12/6/77
Public Hearing and
Enactment: 12/6/77
CITY OF SEWARD, ALASKA
ORDINANCE NO. 450
AN ORDINANCE REGARDING WATER,
CREATING SEWARD CITY CODE SECTION 22-12,
APPROPRIATING ALL WATER RESOURCES WITHIN THE CITY LIMITS
OF THE CITY OF SEWARD, ALASKA,
AND DECLARING AN EMERGENCY
WHEREAS, the City has for many years operated as a public water
utility to furnish all public needs for water within the City limits and
has expended millions of dollars towards that end, and
WHEREAS, the City has, accordingly, limited to itself the exclusive
right to operate as a public water utility within the City limits, and
WHEREAS, the City Council finds that it is in the public interest
for the City of Seward, Alaska, to have exclusive authority over the use of
water resources within its boundaries to insure an adequate future supply
of water for all public purposes, and
WHEREAS, the loss of exclusive authority over the use of such
water resources by private appropriation would jeopardize the public health
and welfare by leaving too little water available at reasonable cost to
supply all public needs, and
WHEREAS, an application for the private appropriation of one million
gallons of water daily from within the City limits is presently pending before
the Department of Natural Resources of the State of Alaska, and
WHEREAS, the City Council finds that a state of emergency exists
because immediate action is necessary to prevent the granting of a permit for
such private appropriation;
NOW, THEREFORE, THE CITY OF SEWARD, ALASKA, ORDAINS:
Section 1. Section 22-12 of the Code of Ordinances of the City of
Seward is hereby created to read as follows:
Sec. 22-12. Appropriation of Water Resources.
(a) All water resources within the City limits of the City
of Seward, Alaska, are hereby appropriated by the said City.
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Ordinance No. 450
Page Two
(b) It shall be unlawful for any individual, partnership,
association or corporation to appropriate or participate in the
appropriation of any water resources within the City limits of
the City of Seward, Alaska, without the prior consent of the
City Council as evidenced by the affirmative vote of at least
four members of the City Council at a regular meeting thereof.
(c) This appropriation shall apply to the areas of the
City annexed after the effective date hereof.
(d) The City Manager is hereby authorized and directed to
take such action as is necessary to carry out the appropriation
hereinabove enacted.
Section 2. This ordinance shall take effect immediately upon
enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
6th day of December, 1977.
AYES:
NOES:
ABSENT:
ATTEST:
CITY OF SEWARD, ALASKA
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Raymon L. H1(gli
Mayor
CAMPBELL, GILLESPIE, HUGLI, LEER, MOTT, POTTS AND VINCENT
NONE
NONE
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
9t?E~eP JA~
City Clerk-Treasurer
(City Seal)
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