AN ORDINANCE EXPANDING THE BOUNDARIES IN WHICH CENTRAL EMERGENCY SERVICES EXERCISES FIRE AND EMERGENCY SERVICE POWERS, CONCURRENTLY REDUCING THE BOUNDARIES OF CENTRAL PENINSULA EMERGENCY MEDICAL SERVICES, AND PLACING A QUESTION ON THE BALLOT PROVIDING FOR AN ELECTION ON THE ISSUE

WHEREAS, property in the South Kalifornsky Beach Road area currently does not receive borough fire protection; and

WHEREAS, residents in the South Kalifornsky Beach Road area have requested fire protection from the borough; and

WHEREAS, a public hearing was held on June 23, 1998, regarding extending fire service protection provided by Central Emergency Service Area; and

WHEREAS, the mayor's report reflects heightened fire danger in the area due to spruce bark beetle killed timber and high fire insurance premiums for residents outside the service area; and

WHEREAS, expanding fire and emergency powers offered by Central Emergency Services into portions of Central Peninsula Emergency Medical Services (CPEMS) which already offers emergency services requires elimination of those portions of CPEMS to avoid duplicative taxation for the same services:

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. KPB 16.40.010 "Boundaries" is amended as follows:

There is hereby established a Central Peninsula Emergency Medical Service Area within that portion of the borough described as:

All referenced to Seward Meridian, Alaska:

[Beginning at the corner common to Tps. 3 and 4N, Rgs. 10 and 11W;

Thence north along the line common to T4N, Rgs. 10 and 11W to the NE corner of T4N, R11W, also being the NW corner of T4N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence east along the line common to Tps. 4 and 5N, R10W, and along portions of said south corporate boundary line to the point of intersection with the easterly line of the Sterling Highway;

Thence southwesterly along the easterly line of the Sterling Highway to the point of intersection with Sections 6 and 7, T4N, R10W;

Thence east along the section line common to Sections 6 and 7, T4N, R10W to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence north along the section line common to Sections 5 and 6 to the northeast corner of Section 6, T4N, R10W also being a point on the south line of the corporate boundary line of the City of Soldotna, and the line common to Tps. 4 and 5N, R10W;

Thence east along the line common to Tps. 4 and 5N, R10W to the point of intersection with the southerly right-of-way line of the Funny River Road;

Thence southeasterly, easterly and northeasterly along said southerly right-of-way line of the Funny River Road to the point of intersection with the line common to Tps. 4 and 5N, R9W;

Thence west along the line common to Tps. 4 and 5N, Rgs. 9 and 10W, to the point of intersection with the ordinary high water line of the northerly bank of the Kenai River;

Thence northeasterly and southeasterly along said ordinary high water line of the northerly bank of the Kenai River to the juncture of said northerly bank of the river and the ordinary high water line of the northerly shore of Skilak Lake;

Thence southeasterly along said high water line of the northerly shore of Skilak Lake to the point of intersection with a line drawn along the Kenai Mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm;

Thence southwesterly along the previously described line to the point of intersection with the ordinary high water line of the southwesterly bank of Sheep Creek, or Glacier Lake, in T4S, R8W;

Thence northwesterly along said ordinary high water line of the southwesterly bank of Ship Creek to the point of intersection with a westerly boundary of the Kenai National Wildlife Refuge in T3S, R9W;

Thence northwesterly, westerly and northerly along the said westerly boundary of the Kenai National Wildlife Refuge to the point of intersection with the line common to Tps. 1 and 2N, R11W;

Thence, leaving said refuge boundary, west along the line common to Tps. 1 and 2N to the mean high water line of the easterly shore of Cook Inlet;

Thence northerly along the said mean high water line of the easterly shore of Cook Inlet to the point of intersection with the ordinary high water line of the right, or northerly bank of the Kasilof River;

Thence southerly and easterly along said ordinary high water line of the northerly bank of the Kasilof River to the point of intersection with the easterly line of U.S. Survey No. 83;

Thence north along said east line of U.S. Survey No. 83 to the point of intersection with the line common to Tps. 3 and 4N, R12W;

Thence east along the line common to Tps. 3 and 4N to the corner common to Sections 4 and 5, T3N and Sections 32 and 33, T4N, R11W;

Thence south along the line common to said Sections 4 and 5 to the N 1/16 corner common to said sections;

Thence east along the north 1/16 line of said Section 4 to the N 1/16 corner common to Sections 3 and 4;

Thence north along the line common to Sections 3 and 4, T3N, R11W to the corner common to Sections 3 and 4, T3N, R11W and Sections 33 and 34, T4N, R11W;

Thence east along the line common to Tps. 3 and 4 N, to the corner common to Tps. 3 and 4N, Rgs. 10 and 11W, and being the Point of Beginning.]

Beginning at the corner common to Tps. 3 and 4N, Rgs. 10 and 11W;

Thence north along the line common to T4N, Rgs. 10 and 11W to the NE corner of T4N, R11W, also being the NW corner of T4N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence east along the line common to Tps. 4 and 5N, R10W, and along portions of said south corporate boundary line to the point of intersection with the easterly line of the Sterling Highway;

Thence southwesterly along the easterly line of the Sterling Highway to the point of intersection with Sections 6 and 7, T4N, R10W;

Thence east along the section line common to Sections 6 and 7, T4N, R10W to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence north along the section line common to Sections 5 and 6 to the northeast corner of Section 6, T4N, R10W also being a point on the south line of the corporate boundary line of the City of Soldotna, and the line common to Tps. 4 and 5N, R10W;

Thence east along the line common to Tps. 4 and 5N, R10W to the point of intersection with the southerly right-of-way line of the Funny River Road;

Thence southeasterly, easterly and northeasterly along said southerly right-of-way line of the Funny River Road to the point of intersection with the line common to Tps. 4 and 5N, R9W;

Thence west along the line common to Tps. 4 and 5N, Rgs. 9 and 10W, to the point of intersection with the ordinary high water line of the northerly bank of the Kenai River;

Thence northeasterly and southeasterly along said ordinary high water line of the northerly bank of the Kenai River to the juncture of said northerly bank of the river and the ordinary high water line of the northerly shore of Skilak Lake;

Thence southeasterly along said high water line of the northerly shore of Skilak Lake to the point of intersection with a line drawn along the Kenai Mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm;

Thence southwesterly along the previously described line to the point of intersection with the ordinary high water line of the southwesterly bank of Sheep Creek, or Glacier Lake, in T4S, R8W;

Thence northwesterly along said ordinary high water line of the southwesterly bank of Ship Creek to the point of intersection with a westerly boundary of the Kenai National Wildlife Refuge in T3S, R9W;

Thence northwesterly, westerly and northerly along the said westerly boundary of the Kenai National Wildlife Refuge to the point of intersection with the line common to Tps. 1 and 2N, R11W;

Thence, leaving said refuge boundary, west along the line common to Tps. 1 and 2N to the mean high water line of the easterly shore of Cook Inlet;

Thence northerly along the said mean high water line of the easterly shore of Cook Inlet to the point of intersection with the ordinary high water line of the right, or northerly bank of the Kasilof River;

Thence easterly and southerly along said ordinary high water line of the northerly bank of the Kasilof River to a point on the east west center quarter section line of Section [1] 25, T3N, R12W;

Thence EAST along said center quarter section line of Section 25, T3N, R12W, and extending East along the center quarter section line of Section 30, T3N, R11W, along the northern boundary of Harlie Avenue 30 foot right-of-way, to the westerly boundary of the Sterling Highway;

Thence northeasterly along the northwesterly boundary of the Sterling Highway to a point on the line common to Sections 19 and 20, T3N, R11W, also being a point on the eastern boundary of Noble Street 30 foot right-of-way;

Thence NORTH along the line common to Sections 19 and 20, T3N, R11W to the corner common to Sections 17, 18, 19 and 20, T3N, R11W;

Thence NORTH along the line common to Sections 17 and 18, T3N, R11W, to the E 1/16 corner common to Sections 17 and 18, T3N, R11W, also being a point on the centerline of Mink Drive;

Thence EAST along the E 1/16 line of Section 17, T3N, R11W, 660 feet, more or less, to the eastern boundary of Silver Fox Lane 30 foot right-of-way;

Thence NORTH along the eastern boundary of Silver Fox Lane 30' right-of-way to the S 1/16 line of Section 8, T3N, R11W;

Thence WEST along the S 1/16 line of Section 8, T3N, R11W, 660 feet, more or less, to the S 1/16 position common to Sections 7 and 8, T3N, R11W;

Thence WEST along the S 1/16 line of Section 7, T3N, R11W to the SW 1/16 corner of Section 7, T3N, R11W;

Thence NORTH along the W 1/16 line of Section 7, T3N, R11W to the W 1/16 corner common to Sections 6 and 7, T3N, R11W;

Thence NORTH along the W 1/16 line of Section 6, T3N, R11W to the W 1/16 corner common to Section 31, T4N, R11W and Section 6, T3N, R11W;

Thence east along the line common to Tps. 3 and 4N to the corner common to Sections 4 and 5, T3N and Sections 32 and 33, T4N, R11W;

Thence south along the line common to said Sections 4 and 5 to the N 1/16 corner common to said sections;

Thence east along the north 1/16 line of said Section 4 to the N 1/16 corner common to Sections 3 and 4;

Thence north along the line common to Sections 3 and 4, T3N, R11W to the corner common to Sections 3 and 4, T3N, R11W and Sections 33 and 34, T4N, R11W;

Thence east along the line common to Tps. 3 and 4 N, to the corner common to Tps. 3 and 4N, Rgs. 10 and 11W, and being the Point of Beginning.

SECTION 2. KPB 16.30.010 "Boundaries" is amended as follows:

There is established a Central Emergency Service Area within that portion of the borough described as follows:

All referenced to Seward Meridian, Alaska;

[Beginning at the corner common to Tps. 3 and 4 N, Rgs. 10 and 11 W;

Thence west along the line common to T3 and 4N, R11W, to the corner common to Section 3, 4, 33, and 34;

Thence, in T3N, R11W, southerly along the line common to Sections 3 and 4 to the N 1/16 corner common to said Sections 3 and 4;

Thence westerly along the north 1/16 line of said Section 4 to the north 1/16 corner on the line common to Sections 4 and 5;

Thence northerly along said common line to the corner common to Sections 4 and 5, T3N, and Sections 32 and 33, T4N, R11W;

Thence, west along the line common to T3 and 4, R11W, to a point on the east line of U.S. Survey Number 83;

Thence, southerly along said line of said U.S. Survey to the mean high water mark on the right bank of the Kasilof River;

Thence westerly and northerly along the said mean high water line of the right bank, Kasilof River, to the point of intersection with the mean highwater line of the easterly shore of Cook Inlet;

Thence continuing into Cook Inlet, N 45- W to a point that is 1,320 feet westerly of the said mean highwater line of Cook Inlet, as measured normal to the said highwater line;

Thence northerly along a line that is 1,320 feet westerly of the said highwater line of Cook Inlet, as measured normal to the said highwater line; to a point on the westerly extension of the line common to Sections 7 and 18, T5N, R11W, said point also being on the southerly corporate boundary line of the City of Kenai;

Thence following said corporate boundary line in T5N, R11W, east along said line common to Sections 7 and 18 to the corner common to Sections 7, 8, 17 and 18;

Thence southerly along the line common to Sections 17 and 18 to the corner common to Sections 17, 18, 19 and 20;

Thence east along the line common to Sections 17 and 20, 16 and 21 to the corner common to Sections 15, 16, 21 and 22;

Thence east along the east-west center 1/4 line of said Section 15 to the 1/4 corner common to Sections 14 and 15;

Thence southerly along the line common to said Sections 14 and 15 to a point on the mean highwater line on the left bank, being the southerly side of the Kenai River;

Thence easterly, northeasterly and southeasterly along the said mean highwater line of the left bank, Kenai River, to a point on the line common to Sections 7 and 18, in T5N, R10W;

Thence continuing along said corporate boundary line, east to the E 1/16 corner common to said Sections 7 and 18;

Thence northerly to the SE 1/16 line through said Section 7, continuing to the SW 1/16 corner of Section 8;

Thence northerly to the C W 1/16 corner of said Section 8;

Thence east to the center 1/4 corner of said Section 8;

Thence northerly along the north-south centerline of said Section 8 to the 1/4 corner common to Section 5 and 8;

Thence west along the line common to said Sections 5 and 8 to the corner common to Sections 5, 6, 7 and 8;

Thence northerly along the line common to Sections 5 and 6 to the northerly section corner common to Sections 5 and 6, T5N, R10W;

Thence continue northerly along the line common to Sections 31 and 32, T6N, R10W to the S 1/16 corner common to said Sections 31 and 32;

Thence west along the S 1/16 line of said Section 31 to the S 1/16 corner common to Section 31, T6N, R10W and Section 36, T6N, R11W;

Thence north along the line common to said Sections 31 and 36 to the section corner common to Sections 30 and 31, T6N, R10W and Sections 25 and 36, T6N, R11W;

Thence, leaving the corporate boundary line of the City of Kenai, east along the line common to Sections 30 and 31, 29 and 32 to the section corner common to Sections 28, 29, 32 and 33, T6N, R10W;

Thence southerly along the line common to sections 32 and 33 to the south section corner common to Sections 32 and 33, T6N, R10W;

Thence east along the line common to Tps. 5 and 6W, R10W to the corner common to Tps. 5 and 6N, Rgs. 9 and 10W;

Thence north along the line common to Rgs. 9 and 10W to the N W corner of T8N, R9W;

Thence east along the line common to Tps. 8 and 9N to the point of intersection with a line drawn along the Kenai mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm;

Thence southwesterly along the above described line to the point of intersection with the ordinary high water line on the northerly shore of Skilak Lake in T4N, R5W;

Thence northwesterly along the said ordinary high water line of the northeasterly shore of Skilak Lake to the outlet of Skilak Lake, also being the Kenai River;

Thence northwesterly and southwesterly along the ordinary high water line of the northerly bank of the Kenai River to the point of intersection with the line common to Tps. 4 and 5N, R10W;

Thence east along the line common to Tps. 4 and 5N, R10W, to the point of intersection with the southeasterly right-of-way line of the Funny River Road, in R9W;

Thence southwesterly, westerly and northwesterly along the southerly right-of-way line of the Funny River Road to the point of intersection with the line common to Tps. 4 and 5N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence west along the line common to Tps. 4 and 5N, R10W, and portions of said south corporate boundary line, to the N E corner of Section 6, T4N, R10W;

Thence southerly along the line common to Sections 5 and 6 to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence westerly along the section line common to Sections 6 and 7 to the point of intersection with the easterly line of the Sterling Highway right-of way;

Thence northeasterly along the easterly line of the Sterling Highway right-of-way to the point of intersection with the line common to Tps. 4 and 5N, R10W;

Thence west along the line common to Tps. 4 and 5N, R10W to the northeast corner of T4N, R11W, also being the northwest corner of T4N, R10W;

Thence south along the line common to T4N, Rgs. 10 and 11W, to the corner common to Tps. 3 and 4 N, Rgs. 10 and 11W and being the Point of Beginning.]

Beginning at the corner common to Tps. 3 and 4 N, Rgs. 10 and 11 W;

Thence west along the line common to T3 and 4N, R11W, to the corner common to Section 3, 4, 33 and 34;

Thence, in T3N, R11W, southerly along the line common to Sections 3 and 4 to the N 1/16 corner common to said Sections 3 and 4;

Thence westerly along the north 1/16 line of said Section 4 to the north 1/16 corner on the line common to Sections 4 and 5;

Thence northerly along said common line to the corner common to Sections 4 and 5, T3N, and Sections 32 and 33, T4N, R11W;

Thence, west along the line common to T3 and 4, R11W, to the W 1/16 corner common to Section 31, T4N, R11W and Section 6, T3N, R11W;

Thence SOUTH along the W 1/16 line of Section 6, T3N, R11W to the W 1/16 corner common to Sections 6 and 7, T3N, R11W;

Thence SOUTH along the W 1/16 line of Section 7, T3N, R11W to the SW 1/16 corner of Section 7, T3N, R11W;

Thence EAST along the S 1/16 line of Section 7, T3N, R11W to the S 1/16 position common to Sections 7 and 8, T3N, R11W;

Thence EAST along the S 1/16 line of Section 8, T3N, R11W, 660 feet, more or less, to the eastern boundary of Silver Fox Lane 30' right-of-way;

Thence SOUTH along the eastern boundary of Silver Fox Lane 30' right-of-way to the southern boundary of Mink Drive 30' right-of-way, a point on the E 1/16 line of Section 17, T3N, R11W;

Thence WEST along the E 1/16 line of Section 17, T3N, R11W, to the centerline of Badger Street, a point on the line common to Sections 17 and 18, T3N, R11W;

Thence SOUTH along the line common to Sections 17 and 18, T3N, R11W to the corner common to Sections 17, 18, 19 and 20, T3N, R11W, a point on the eastern boundary of Noble Street 30' right-of-way;

Thence SOUTH along the line common to Sections 19 and 20, T3N, R11W to the northwesterly boundary of the Sterling Highway;

Thence southwesterly along the northwesterly boundary of the Sterling Highway past Kalifornsky Beach Road to the northern boundary of Harlie Avenue 30' right-of-way, a point on the center 1/4 section line of Section 30, T3N, R11W;

Thence WEST along the said center quarter section line of Section 30, T3N, R11W, and extending west along the center quarter section line of Section 25, T3N, R12W to the easterly ordinary high water line of the Kasilof River;

Thence northerly along the easterly ordinary high water line of the Kasilof River to the point of intersection with the mean high water line of the easterly shore of Cook Inlet;

Thence westerly and northerly along the said mean high water line of the right bank, Kasilof River, to the point of intersection with the mean highwater line of the easterly shore of Cook Inlet;

Thence continuing into Cook Inlet, N 45 degrees W to a point that is 1,320 feet westerly of the said mean highwater line of Cook Inlet, as measured normal to the said highwater line;

Thence northerly along a line that is 1,320 feet westerly of the said highwater line of Cook Inlet, as measured normal to the said highwater line; to a point on the westerly extension of the line common to Sections 7 and 18, T5N, R11W, said point also being on the southerly corporate boundary line of the City of Kenai;

Thence southerly along the line common to Sections 17 and 18 to the corner common to Sections 17, 18, 19 and 20;

Thence east along the line common to Sections 17 and 20, 16 and 21 to the corner common to Sections 15, 16, 21 and 22;

Thence north along the line common to Sections 15 and 16 to the 1/4 corner common to Sections 15 and 16;

Thence east along the east-west center 1/4 line of said Section 15 to the 1/4 corner common to Sections 14 and 15;

Thence southerly along the line common to said Sections 14 and 15 to a point on the mean highwater line on the left bank, being the southerly side of the Kenai River;

Thence easterly, northeasterly and southeasterly along the said mean highwater line of the left bank, Kenai River, to a point on the line common to Sections 7 and 18, in T5N, R10W;

Thence continuing along said corporate boundary line, east to the E 1/16 corner common to said Sections 7 and 18;

Thence northerly to the SE 1/16 line through said Section 7;

Thence east to the SW 1/16 corner of Section 8;

Thence northerly to the C W 1/16 corner of said Section 8;

Thence east to the center 1/4 corner of said Section 8;

Thence northerly along the north-south centerline of said Section 8 to the 1/4 corner common to Section 5 and 8;

Thence west along the line common to said Sections 5 and 8 to the corner common to Sections 5, 6, 7 and 8;

Thence northerly along the line common to Sections 5 and 6 to the northerly section corner common to Sections 5 and 6, T5N, R10W;

Thence continue northerly along the line common to Sections 31 and 32, T6N, R10W to the S 1/16 corner common to said Sections 31 and 32;

Thence west along the S 1/16 line of said Section 31 to the S 1/16 corner common to Section 31, T6N, R10W and Section 36, T6N, R11W;

Thence north along the line common to said Sections 31 and 36 to the section corner common to Sections 30 and 31, T6N, R10W and Sections 25 and 36, T6N, R11W;

Thence, leaving the corporate boundary line of the City of Kenai, east along the line common to Sections 30 and 31, 29 and 32 to the section corner common to Sections 28, 29, 32 and 33, T6N, R10W;

Thence southerly along the line common to sections 32 and 33 to the south section corner common to Sections 32 and 33, T6N, R10W;

Thence east along the line common to Tps. 5 and 6W, R10W to the corner common to Tps. 5 and 6N, Rgs. 9 and 10W;

Thence north along the line common to Rgs. 9 and 10W to the N W corner of T8N, R9W;

Thence east along the line common to Tps. 8 and 9N to the point of intersection with a line drawn along the Kenai mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm;

Thence southwesterly along the above described line to the point of intersection with the ordinary high water line on the northerly shore of Skilak Lake in T4N, R5W;

Thence northwesterly along the said ordinary high water line of the northeasterly shore of Skilak Lake to the outlet of Skilak Lake, also being the Kenai River;

Thence northwesterly and southwesterly along the ordinary high water line of the northerly bank of the Kenai River to the point of intersection with the line common to Tps. 4 and 5N, R10W;

Thence east along the line common to Tps. 4 and 5N, R10W, to the point of intersection with the southeasterly right-of-way line of the Funny River Road, in R9W;

Thence southwesterly, westerly and northwesterly along the southerly right-of-way line of the Funny River Road to the point of intersection with the line common to Tps. 4 and 5N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence west along the line common to Tps. 4 and 5N, R10W, and portions of said south corporate boundary line, to the N E corner of Section 6, T4N, R10W;

Thence southerly along the line common to Sections 5 and 6 to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence westerly along the section line common to Sections 6 and 7 to the point of intersection with the easterly line of the Sterling Highway right-of-way;

Thence northeasterly along the easterly line of the Sterling Highway right-of-way to the point of intersection with the line common to Tps. 4 and 5N, R10W;

Thence west along the line common to Tps. 4 and 5N, R10W to the northeast corner of T4N, R11W, also being the northwest corner of T4N, R10W;

Thence south along the line common to T4N, Rgs. 10 and 11W, to the corner common to Tps. 3 and 4 N, Rgs. 10 and 11W and being the Point of Beginning.

SECTION 3. That the following question be placed on the ballot at the October 6, 1998, election:

Shall the Kenai Peninsula Borough Central Emergency Service Area exercise fire and emergency powers in the expanded geographical area set forth in Section 2 of Ordinance 98-38, assuming the assets and liabilities of the current Central Emergency Service Area?

YES _______ NO _______

SECTION 4. That Section 3 of this ordinance takes effect immediately upon its enactment. Sections 1 and 2 of this ordinance shall take effect upon approval of the proposition in Section 3 by the majority of voters in the service area voting on the proposition at the regular borough election to be held on October 6, 1998, and upon the date the October 6, 1998 election is certified by the borough assembly or the date the U.S. Department of Justice issues its nonobjection to preclearance, whichever is later. If the U.S. Department of Justice does not issue a nonobjection to preclearance, the effective date shall be 60 days from the date of receipt of the ballot proposition for preclearance by the U.S. Department of Justice or the date of the certification of the election results, whichever is later. If an objection is imposed by the U.S. Department of Justice, the ordinance shall not be effective until the objection is resolved.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 18TH DAY OF AUGUST, 1998.

Jack Brown, Assembly President

ATTEST:

Linda S. Murphy, Borough Clerk