Ordinance 2011-27 201100015334
STATE OF ILLINOIS
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COUNTY OF KENDALL
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THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
ORDINANCE NO. 2011-27
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
(802 South Bridge Street)
Prepared by: Kathleen Field Off&Associates
53 W.Jackson Blvd., Suite 935
Chicago,IL 60604
Return to: United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
ORDINANCE NO. 2011-2q�
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
(802 SOUTH BRIDGE STREET)
WHEREAS certain property in the United City of Yorkville, Illinois commonly known
as 802 South Bridge Street has been used over a period of time for commercial and industrial
purposes including as a gas station; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the property legally described in Exhibit A, attached hereto and made a part
hereof by reference, (the "Property")may exceed Class I groundwater quality standards for
potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1
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 redevelopment and productive use
of the property that is the source of said chemical constituents; and
WHEREAS, the United City of Yorkville desires to accomplish these goals by
prohibiting the use of groundwater as a potable water supply from the Property legally described
in Exhibit A generally described as 802 South Bridge Street and the adjacent right-of-way of
Orange Street and as shown on Exhibit B, attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the above recitals are incorporated herein and made a part hereof.
Section 2. Use of groundwater as a potable water supply prohibited.
The use or attempt to use groundwater as a potable water supply from within the area shown on
Exhibit B by the installation or drilling of wells or by any other method is prohibited, including
at points of withdrawal by the United City of Yorkville. The limited groundwater ordinance area
includes the property associated with the area legally described in Exhibit A, including PIN #05-
38-479-001, and a portion of the right-of-way of Orange Street which adjoins the subject
property as shown on Exhibit B.
Section 3. Penalties
i
Any person violating the provisions of this Ordinance shall be subject to a fine of up to $1000.00
for each violation.
Section 4. 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 5. Repealer
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed insofar
as they conflict with this Ordinance.
Section 6. 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 7. Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law.
Passed by the City Council of the United City of Yorkville, Kendall Count , Illinois this
day of �- -e , 2011. 2
CITY CLERK
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ROSE SPEARS Al — DIANE TEELING
GEORGE GILSON, JR. �/� JACQUELYN MILSCHEWSKI�_
CHRIS FUNKHOUSER MARTY MUNNS
CARLO COLOSIMO A_ LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of MINE 2011.
MAY
Exhibit A
Lot l of Johnson & Hughes Subdivision, being a subdivision of part of the Southeast Quarter of
Section 32, Township 37 North, Range 7 East of the Third Principal Meridian, recorded July 13,
1959 and documented in Bristol Township Book 6 and stored in hanging file 129B of the Kendall
County Recorder's Office, and commonly known as 802 South Bridge Street in the United City of
Yorkville, Kendall County, Illinois and also that part of the public right-of-way of Orange Street
immediately adjacent to and north of said Lot 1.
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STATE OF ILLINOIS )
COUNTY OF KENDALL )SS:
UNITED CITY OF YORKVILLE )
I, BETH WARREN, the duly appointed and qualified City Clerk of the United City of Yorkville, Illinois
do hereby certify that the foregoing is a perfect and complete copy of Ordinance No. 2011-27, 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 presented, passed, and approved at a regular
meeting of said City Council held on the 28t1i day of June, 2011, by an affirmative vote of the majority of
all members then holding office,the vote having been taken by yeas and nays and entered on the record of
the proceedings of said Council.
A pamphlet form of said Ordinance was prepared and posted in the Municipal Building for public
inspection. Copies of said Ordinance were also available for public inspection upon request in the Office
of the City Clerk.
Official Seal: Witness my hand and the seal of the
said City this 13t"day of July, 2011.
fz;
Beth Warren
City Clerk