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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: April 6, 2016
SUBJECT:
Ordinance Amending Section 48-28 Entitled "Service Outside City' Prohibition of Private and Public Wells" of Division 1, Article II, Chapter 48 of the Aurora Code of Ordinances
PURPOSE:
To prohibit all wells for potable water purposes in the area of the Verigreen redevelopment of the old St. Charles hotel property currently undergoing renovation.
BACKGROUND:
As has been the case for other properties that have had environmental remediation managed by the IEPA, in this case, the IEPA has requested that the City enact an ordinance prohibiting wells for potable water purposes in the vicinity of the property as set forth in the Ordinance. .
DISCUSSION:
There is already in existence for private property owners a complete prohibition from drilling any new well for potable water purposes in the City. This Ordinance amendment will add the specific area mandated by the IEPA surrounding the redevelopment of the old St. Charles hotel property to satisfy their Sire Remediation Program requirements.
IMPACT STATEMENT:
The impact of this Ordinance amendment would be to prohibit the City of Aurora from drilling any potable water wells in the specified prohibited area.
RECOMMENDATIONS:
Place on Agenda for BGI April 11, 2016
cc: Alderman Garza, Chairman
Alderman Johnson
Alderman Mesiacos
Alderman Bohman, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Section 48-28 Entitled "Service Outside City; Prohibition of Private and Public Wells" of Division 1, Article II, Chapter 48 of the Aurora Code of Ordinances.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the water supply is a limited public resource held in trust by the City for the benefit of its citizens and the City has a custodial duty to ensure that the distribution and use thereof is regulated in a manner that best serves the public interest, including the limitation on private wells)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 48-28(e) entitled “Service outside city; prohibition of private and public wells” of the City of Aurora Code of Ordinances shall be amended as follows:
Sec. 48-28. Service outside city; prohibition of private and public wells.
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(e) Notwithstanding anything to the contrary contained in this Code, except for uses or methods in existence before the effective date of this subsection prohibiting such use, the use or attempt to use, as a potable water supply (any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes or preparing foods), groundwater from within the boundaries of the property described below by the installation or drilling of wells or by any other method is hereby prohibited, including points of withdrawal by the city.:
(i)All areas within the boundaries of E. Downer Street to the north, NS. LaSalle Street to the east, Bluff street to the south, and the Fox River to the west;
(ii)Beginning at the intersection of North Lincoln Avenue and Flagg Street running south on Lincoln Avenue to East Galena Boulevard; then running east along Galena Boulevard to Anderson; then running north on Anderson to Spring Street; then running east on Spring Street to North Spencer Street; then running north on North Spencer Street to Fulton Street; then running east on Fulton Street to North Union Street; then running north on North Union Street to College Avenue; then running west on College Avenue to North Root Street; then running south on North Root Street to Flagg Street; then running West on Flagg Street back to the intersection of North Lincoln Avenue and Flagg Street.
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Section Two: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED by the City Council of the City of Aurora, Illinois, on .
AYES NAYES---___________ NOT VOTING ___________
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on .
________________________ Mayor
ATTEST:
____________________________
City Clerk
City of Aurora
Law Department
44 East Downer Place
Aurora, IL 60507
(630) 256-3060