S2-03Ordinance 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ordinance are hereby repealed by this ordinance insofar as they are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 S. 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"
J
VAR-
J
4 • T
Exhibit "B"
Beginning at the Northwest Comer 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 comer 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 Comer of the Preston Avenue right -of -way
where it intersects with the Ludlow Avenue right -of -way; theft 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 Comer of the Site, the point of
beginning.
Run Date :10/13/2006
DLC Assignment Form
Assignment ID :5230
Subject
:Elgin
Elgin/Zagone, George Estate of
Subject Type
:Ordinance Review
DLC In Date
:10/13/2006
DLC File No.
Correspondence No.
:R06101301
DLC Completed Date.
Assigned Staff:
Rominger, Kyle Attorney
Donnelly, Jason Bureau Requestor
Project Details:
Status Issued Date: 10/13/2006 Due Date: 11/13/2006
Please review ordinance #G57 -06
Comments:
• Ordinance No. G57 -06
AN ORDINANCE
PROHIBITING THE USE OF WATER WELLS
WITHIN A DEFINED AREA OF THE CITY
WHEREAS, certain property in the City of Elgin, commonly known as 75 Kimball
Street, has been used over a period of time for commercial and industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the property legally described in Exhibit A may exceed Class I
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 of Elgin desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of properties
that are the source of chemical constituents; and
WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the use of
groundwater as a potable water supply from the real property legally described in Exhibit A, an
area roughly bounded by Franklin Street on the north, Douglas Avenue on the east, Highland
Avenue on the south, and the Fox River on the west.
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Definitions. The terms and words used in this ordinance shall be used,
interpreted and defined as set forth in this Section:
"Person" shall mean 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" shall mean any water used for human or domestic consumption, including, but
not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or
watering gardens in which produce intended for human consumption is grown.
"The property" shall mean that real property legally described in Exhibit A, an area roughly
bounded by Franklin Street on the north, Douglas Avenue on the east, Highland Avenue on the
south, and the Fox River on the west.
Section 2. Use of groundwater as a potable water supply prohibited. The use or attempt to
use as a potable water supply, groundwater from the property, by the installation or drilling of
wells on or at the property or by any other method on or at the property is hereby prohibited.
•
Section 3. Restrictions binding on City. Except for the provisions of Section 4, all
restrictions contained in this ordinance shall be binding on the City.
Section 4. Penalties. Any person violating the provisions of this section shall be subject to
a fine of up to $500.00 for each violation.
Section 5. Repealer. All ordinances or parts of ordinances in conflict with this section are
hereby repealed insofar as they are in conflict with this section.
Section 6. Severability. If any provision of this section or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
section as a whole or of any portion not adjudged invalid.
Section 7. This ordinance shall be in full force and effect upon its passage and publication
in the manner provided by law.
Presented: July 12, 2006
Passed: July 12, 2006
• Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 13, 2006
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
sl Ed Schock
Ed Schock, Mayor
EXHIBIT A
That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the intersection of the West line of Grove
Avenue with the North line of Franklin Street; thence East along said North line to its
intersection with the East line of Brook Street; thence South along said East line to its
intersection with the North line of Kimball Street; thence East along said North line to its
intersection with the East line of Douglas Avenue; thence South along said East line to its
intersection with the South line of Highland Avenue; thence West and Southwesterly along the
Southerly line of said Highland Avenue to its intersection with the Easterly Bank of the Fox
River; thence Northwesterly along said Easterly Bank to its intersection with the North line of
Kimball Street; thence East along said North line to its intersection with the West line of Grove
Avenue; thence North along said West line to the point of beginning, in the City of Elgin, Kane
County, Illinois.
•
•
0
0
7
v
8• r x E
east a WDDdTE29t
GEORGE ZAGONE ESTATE
"rHan
?
am
��
72 KIMBALL ST. , ELGIN, ILLINOIS
BY
PROJECT NO
°
m
Y ice"
iu°`xw
INCIDENT NO. 0001376
THM
010064
a
Derma.
ntt,
CHECKED BY
SHEET N0.
i
gG)
',i C .i d,
Orvyt c
/Rinair
RFII i
GROUNDWATER USE RESTRICTION
SQ
n0ff/na
H
0
(4.1 SM)W9t YO!Stii�
.dog,, O —B 'p3LLQld
• 6aa'awnid Poa't Z9 \a6ap \a.moljlp \sWa4��l
-
I
I
-
V
I
i
I I
j I
I
I
W
;m
-
r I
3
J
z
a
z
13381S SN0088
�
z
�.
ii E
x
w:
H
�o
C
LLJ
Y i
P�x
z
Z
• z} ;.
o v
3
to
<
w
yl
V
_ J
m
�.
y
3(1N3+tV 3n080
d
I
I
I
1
�
j
j
I
j
�
I
I
I
I
j
I
(4.1 SM)W9t YO!Stii�
.dog,, O —B 'p3LLQld
• 6aa'awnid Poa't Z9 \a6ap \a.moljlp \sWa4��l
Run Date
Assignment ID
Subject
Subject Type
DLC In Date
DLC File No.
/13/2009
DLC Assignment Form
:6838
:Elgin/Clark Oil & Refining
:Ordinance Review
:7/13/2009
Correspondence No. :R09071302
DLC Completed Date.
Assigned Staff:
Rominger, Kyle Attorney
Hawbaker, Carol Bureau Requester
Project Details:
Status Issued Date: 7/13/2009 Due Date: 8113/2009
Please review ordinance G7 -09 for Elgin
Comments:
State of Illinois )
County of Kane ) ss.
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Diane Robertson, 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.
Ordinance No. G7 -09
AN ORDINANCE
PROHIBITING THE USE OF WATER WELLS WITHIN A DEFINED AREA OF THE CITY
IN THE VICINITY OF 901 DUNDEE AVENUE
adopted by the Elgin City Council at its legally convened meeting held on February 11, 2009.
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 30th day of March, 2009.
City�lerk
Ordinance No. G7 -09
AN ORDINANCE
PROHIBITING THE USE OF WATER WELLS
WITHIN A DEFINED AREA OF THE CITY
IN THE VICINITY OF 901 DUNDEE AVENUE
WHEREAS, certain property in the City of Elgin, commonly known as 901 Dundee
Avenue, has been used over a period of time as a retail gasoline filling station; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the property legally described in Exhibit A may exceed Class I
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 of Elgin desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of properties
that are the source of chemical constituents; and
WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the use of
groundwater as a potable water supply from the real property depicted in the site plan attached to
and incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page
Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee
Avenue on the west.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Definitions. The terns and words used in this ordinance shall be used,
interpreted and defined as set forth in this Section:
"Person" shall mean 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" shall mean any water used for human or domestic consumption, including, but
not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or
watering gardens in which produce intended for human consumption is grown.
"The property" shall mean that real property depicted in the site plan attached to and
incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page
Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee
Avenue on the west.
Section 2. Use of groundwater as a potable water supply prohibited. The use or attempt to
use as a potable water supply, groundwater from the property, by the installation or drilling of
wells on or at the property or by any other method on or at the property is hereby prohibited.
Section 3. Restrictions binding on City. Except for the provisions of Section 4, all
restrictions contained in this ordinance shall be binding on the City.
Section 4. Penalties. Any person violating the provisions of this section shall be subject to
a fine of up to $500.00 for each violation.
Section 5. Repealer. All ordinances or parts of ordinances in conflict with this section are
hereby repealed insofar as they are in conflict with this section.
Section 6. Severability. If any provision of this section or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
section as a whole or of any portion not adjudged invalid.
Section 7. This ordinance shall be in full force and effect upon its passage and publication
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: February 11, 2009
Passed: February 11, 2009
Omnibus Vote: Yeas: 5 Nays:
Recorded: February 12, 2009
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk