HomeMy WebLinkAboutS2-03 Certified State of Illinois )
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY CLERK
I , Dolonna Mecum, DO HEREBY CERTIFY that I am the City
Clerk of the City of Elgin, in the Counties of Kane and Cook in the
State of Illinois, and that as such City Clerk I am the keeper and
custodian of the files and records of said City of Elgin and the
seal thereof .
I DO FURTHER CERTIFY that the attached is a full, true,
and correct copy of :
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD WITHIN A CERTAIN AREA IN THE CITY OF
ELGIN, ILLINOIS
adopted by the Elgin City Council at its legally convened meeting
held on January 22 , 2003 .
In Witness Whereof, I have hereunto set my hand and
affixed the corporate seal of the City of Elgin at the said City in
the County and State aforesaid this 23rd day of January, 2003 .
Pe6011,,Aa
City Clerk
(SEAL)
Ordinance No. S2-03
AN ORDINANCE
PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY
BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS
OR BY ANY OTHER METHOD WITHIN A CERTAIN AREA IN THE
CITY OF ELGIN, ILLINOIS
WHEREAS, certain property within the City of Elgin, Illinois
(the "City" ) at the northeast corner of Dundee Avenue and Ludlow
Avenue has been used over a number of years as a gasoline service
station; and
WHEREAS, because of said use, concentrations of certain
chemical constituents in the groundwater beneath the City may
exceed Class 1 groundwater quality standards for potable resource
groundwater as set forth. in 35 Illinois Administrative Code 620 or
Tier 1 residential remediation objectives as set forth in 35
Illinois Administrative Code 742 ; and
WHEREAS, the City desires to limit potential threats to human
health from groundwater contamination while facilitating the
redevelopment and productive use of properties that are at or
around the source of said chemical constituents .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . Prohibition of Installation or Drilling of Wells.
The use or attempt to use groundwater as a potable water
supply from within the area shown on Exhibit A and more
particularly described on Exhibit B, both attached to and made a
part of this ordinance, by the installation or drilling of wells or
by any other method is hereby prohibited, including at points of
withdrawal by the City.
Section 2 . Penalties .
Any person violating the provisions of this ordinance shall be
subject to a fine of up to $500 . 00 for each violation.
Section 3 . Definitions .
"Person" is any individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint
stock company, trust, estate, political subdivision, or any other
legal entity, or their legal representatives, agents or assigns.
"Potable water" is any water used for human or domestic
consumption, including, but not limited to, water used for
drinking, bathing, swimming, washing dishes, or preparing foods .
Section 4 . Repealer.
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed by this ordinance insofar as they are
in conflict with this ordinance .
Section 5 . Severability.
If any provision of this ordinance or its application to any
person or under any circumstances is adjudged invalid, such
adjudication shall not affect the validity of the ordinance as a
whole or of any portion not adjudged invalid.
Section 6. Effective Date .
This ordinance shall be in full force and effect from and
after its passage and approval as required by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 22, 2003
Passed: January 22, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: January 23, 2003
Published:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Exhibit"A"
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Exhibit"B"
Beginning at the Northwest Corner of the aforesaid gasoline service station site, legally described as,
"Lots 12, 13 and 14 in Block 2 of Ludlow's Addition to Elgin, in the City of Elgin,Kane County,
Illinois"("Site"),then heading East along the North lot line of the Site to a point at the northeast corner of
the Site;then continuing East along the same bearing line to a point where said bearing line intersects
with the West side of the Preston Avenue right-of-way; then heading South along the West side of the
Preston Avenue right-of-way to a point on the Southwest Corner of the Preston Avenue right-of-way
where it intersects with the Ludlow Avenue right-of-way;then continuing South along the West side of
the Preston Avenue right-of-way for a distance of one hundred(100)feet, then heading West along a line
parallel with the South side of the Ludlow Avenue right-of-way to a point located where said line
intersects with the East side of the Dundee Avenue right-of-way;then heading North along the East side
of the Dundee Avenue right-of-way to a point located at the Northwest Corner of the Site, the point of
beginning.