CHAPTER NO. 2300

 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA, 1999, BY AMENDING CHAPTER 152 PROHIBITING THE CONSTRUCTION OR DRILLING OF A WELL WITHIN PART OF THE CITY OF CLINTON, IOWA WITHOUT A PERMIT.

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

 Section 1.  Amendment.  The Code of Ordinances of the City of Clinton, Iowa, 1999, Chapter 152 – Wells is amended to read as follows:

             Chapter 152 – Wells

             152.01 Private Wells – Permit Required.  No person shall drill or construct a private well after October 1, 2005 or own or use a private well drilled or constructed after October 1, 2005, within the following described area of the City of Clinton, Iowa, unless a permit has been issued for the well by the City:

             Commencing at the intersection of U.S. Hwy. 30 and Mill Creek Parkway, thence north on the Mill Creek Parkway to 16^th Street NW, thence north on 16^th Street NW to Main Avenue, thence east on Main Avenue to the intersection of 8^th Street NW, thence north on 8^th Street NW extended northerly to North Stockwell Lane, then east on North Stockwell Lane to Eagle Point Park, thence east through Eagle Point Park to the east city limits, thence south on the east city limits along the Mississippi River to the north line of Beaver Slough, then southwesterly along the northerly line of Beaver Slough to the south city limits, thence westerly on the south city limits to South 30^th Street, thence north on South 30^th Street to the intersection of U.S. Hwy. 30 and Mill Creek Parkway.

             The permit application shall be made with the office of the City Engineer on forms provided by the City.  The permit application shall provide the City Engineer’s office with data concerning the soil and groundwater contamination in the particularly described application site.  An application fee of $50.00 shall accompany the application.

             152.02 Permit Issuance.  In determining whether to issue a permit or not, the City Engineer shall consider the availability of public water to serve the facility; the estimated amount of water to be consumed and the uses for which one water well be used.  A permit shall not be issued if the property to be served by the private well is within 300 feet of a public water main.  The Iowa Department of Natural Resources Leaking Underground Storage Tank Section shall be notified of any application.  A permit for the well from the Clinton County Sanitarian must also be obtained prior to the issuance of a city permit.  A decision to grant or deny a permit shall be made within 30 days of application.  If a permit is denied, a written notice of denial shall be given to the applicant.  The reason for the denial shall be stated in the notice and the rights of the applicant to appeal the department’s decision.

             152.03 Appeal of Decision.  If a permit application is denied, the applicant may appeal the City Engineer’s decision to the City Council.  The appeal shall be made by written notice delivered to the City Clerk within 30 days from the date of the City Engineer’s denial.  The City Council shall schedule a hearing on the appeal within 30 days from the date of the appeal with notice of the hearing to the applicant.  If there is no appeal, the decision of the City Engineer is final.  Where appeal is taken, the decision of the City Council is final.

 Section 2.  Penalty.  Any person violating the provisions of this ordinance is guilty of a municipal infraction.

 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.  Repealer.  Any ordinance or parts of ordinances in conflict herewith are hereby repealed.

 Section 5 .  Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

_____________________, MAYOR

LaMetta K. Wynn

ATTEST:

_________________________

Deborah K. Neels, City Clerk

ADOPTED:  August 23, 2005