Ordinance 2005-050 STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2005 - rip
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS
POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF
POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD
(XPAC (Former REMLINE) PROPERTY &
NORTHERN ADJOINING 46 ACRES)
WHEREAS, certain properties in the United City of Yorkville, have been
used over a period of time for commercial /industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical
constituents in the groundwater beneath the United City of Yorkville may exceed
Class I groundwater quality standards for potable resource groundwater as set forth
in 35 Illinois Administrative Code 620 or Tier I residential remediation objectives
as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the United City of Yorkville desires to limit potential threats to
human health from groundwater contamination ,while facilitating the redevelop-
ment and productive use of properties that are the source of said chemical
constituents.
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF
YORKVILLE;
1. The use or attempt to use as a potable water supply groundwater from
within corporate limits of the United City of Yorkville by the installation
or drilling of wells or by any other method is hereby prohibited within
the property described on the attached Exhibit "A" which is incorporated
by reference.
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2. Any person violating the provisions of this ordinance shall be subject to
penalties as provided in section 1 -4 -1 of the Yorkville City Code.
3. Definitions:
a. "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 representative, agents, or assigns."
b. Potable Water is an water used for human or domestic
c 1
consumption, including, but not limited to, water used for drinking,
bathing, swimming, washing dishes, or preparing foods.
4. The Mayor of the United City of Yorkville is hereby authorized and
directed to enter into a Memorandum of Understanding with the Illinois
Environmental Protection Agency "Illinois EPA" in which the United
City of Yorkville assumes responsibility for tracking the aforementioned
remediation site notifying the Illinois EPA of changes to the Ordinance,
and taking certain precautions when siting public potable water supply
wells.
5. Any Ordinance or parts thereof in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict.
6. The various parts, sections, and clauses of this Ordinance are hereby
declared to be severable. If any part, sentence, paragraph, section or
clause is adjudged unconstitutional or invalid by a Court of competent
jurisdiction, the remainder of the Ordinance shall not be affected thereby.
7. This ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this
day of June, 2005.
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PAUL JAMES � MARTY MUNNS
C�
JASON LESLIE _ WANDA OHARE
VALERIE BURD ROSE SPEARS
DEAN WOLFER �� JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall
County, Illinois, this 1y day of June, A.D. 2005.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall
County, Illinois, this day of June, A.D. 2005.
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City Of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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r
Schedule "A"
Leg* l bescriotion
That pare: of the Southwest Quarter of Section 16 and Dart; of the
Southeast Quarter of Section 17, Township 37 North, Ranoe 7 Fast of
the Third Principal Meridian descril>ed as follows; commencing at the
Northwest- corner of the East Half of the Southeast Quarter of said Section
17; thence southerly along the west line of said East Half. 1004.63 feet
to the southerly right -o£ -way line of the Burlington Northern Railroad;
thence North 73 0 47 1 00 1 ' East along said southeriv rioht-of -wav 322.21.
feet to the westerly line of "Ri.chards Slackherry 8stat.es" ext.enAed
northwesterly for the point of beainnino; thence South 29 ° 48'00" East
alona said extended line 1448.39 feet.; thence North 79 1 18'26" East 1
feet to the westerly line of Illin:)i.s State Route No. 47 as depicted
on a right -of -wav Plat recorded November 15, 1990 as Document No 9072F1;
thence North 07 0 29 1 55" West along said westerly line of Route 47 a distance
of 267.60 feet; thence northerly along said westerly line of Route 47
bei.nq a.tangential curve to the left with a radius of 9489.34 feet a
distance of 917.48 feet: thence North 1 6'OB'z4" West along S&Lcl westerly
line of Route 47 a distance of 339.98 feet to the southerly right -of -way
Line of the 6urlinaton Northern Railroad; thence South 7.1 "47 West
along said southerly right -of -wav line 1601.15 felt to the point of
beginning in Bristol Township, Kendall County, Illinois,
P.I.N. #'s: 0 2 -17- 400 -009 and 02 -16 -300 -007