CHAPTER NO. 2265

 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA 1999 BY ADDING A NEW CHAPTER PROHIBITING THE CONSTRUCTION OR DRILLING OF A WELL WITHIN THE LIBERTY SQUARE AREA OF THE CITY OF CLINTON, IOWA WITHOUT A PERMIT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

Section 1.       New Chapter.  The Code of Ordinances of the City of Clinton, Iowa 1999 is amended by adding a new Chapter 152 entitled Wells which is hereby adopted to read as follows:

Chapter 152 – Wells

            152.01.  Wells.  No person shall drill or construct a “drinking water well” or “non-drinking water well” for use within the following described area of the City of Clinton, Iowa unless a valid permit has first been issued by the City Council of the City of Clinton, Iowa:

That area known as The Liberty Square area of Clinton, Iowa, commencing at the intersection of 11^th Avenue South and South 4^th Street, thence south on South 4^th Street to Liberty Avenue, thence westerly on Liberty Avenue to S. 5^th Street, thence southerly on 5^th Street to Liberty Avenue, thence westerly on Liberty Avenue to South 6^th Street, thence southerly to the main line of the Union Pacific Railroad, thence westerly on the main line of said railroad to where the extension of 18^th Place would intersect said main line, then northerly on the extension of 18^th Place to Liberty Avenue, thence westerly on Liberty Avenue to S. 14^th Street, thence northerly on S. 14^th Street, thence easterly on Camanche Avenue to 11^th Avenue South, thence easterly on 11^th Avenue South to S. 4^th Street, the point of beginning, within the City of Clinton, Iowa.

            A.        “Drinking Water Well” shall mean any groundwater well used as a source of drinking water by humans, and any groundwater wells used primarily for the final production of food or medicine for human consumption a facilities routinely characterized with the Standard Industrial Codes (SIC) Group 283 for medicine and Group 20 for foods.

            B.         “Non-Drinking Water Well” means any groundwater well (except an extraction well used as part of a remediation system) not defined as a drinking water well including a groundwater well, which is not property plugged in accordance with Iowa Department of Natural Resource rules as stated in the Iowa Administrative Code – Chapters 39 and 49.

Application for permit shall be made to the Office of City Clerk, City Hall, Clinton, Iowa.

 Section 2.       Repealer.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 3.       Severability Clause.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 Section 4.       Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

______________________________

LaMetta K. Wynn, MAYOR

Attest:_____________________________

            Deborah K. Neels, CITY CLERK

ADOPTED: _________________