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Ordinance 2014-13 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2014-13 AN ORDINANCE AMENDING THE MOTOR VEHICLE TAX FOR ROADWAY IMPROVEMENT AND MAINTENANCE IN THE UNITED CITY OF YORKVILLE Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 22nd day of April, 2014 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on April 30,2014. ORDINANCE NO. 2014- AN ORDINANCE AMENDING THE MOTOR VEHICLE TAX FOR ROADWAY IMPROVEMENT AND MAINTENANCE IN THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Section 8-11-4 of the Illinois Municipal Code (65 ILCS 5/8-11-4) provides that each owner of a motor vehicle may be required by a City within which the owner resides to pay a tax for the use of such motor vehicle in that City; and, WHEREAS, the Mayor and City Council (the "Corporate Authorities") desire to impose a motor vehicle tax for the purpose of improving, paving, repairing and maintaining the City's streets; and, WHEREAS, the issuance of a motor vehicle sticker after payment of a motor vehicle tax would required the City to expend a significant amount of the tax funds collected for the costs of issuance of the applications, collection of the tax, issuance of a vehicle sticker and enforcement to require all owners to pay the vehicle tax; and, WHEREAS, the Corporate Authorities have determined that it is reasonable to establish a rebuttable presumption that each vehicle owner is also a utility customer and has one vehicle that could be subject to a City motor vehicle tax; and, WHEREAS, the Corporate Authorities to avoid the collection and enforcement costs of a motor vehicle tax by the issuance of vehicle stickers has determined that only one vehicle of each owner shall be subject to the tax and that tax shall be collected from the vehicle owner as a City utility customer as part of the customer's utility bill; and, WHEREAS, the Corporate Authorities hereby adopt a motor vehicle tax on one vehicle of the owner and as a City utility customer without the issuance of a vehicle sticker and authorize its collection through the utility billing process. 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 Section 3-2-8 be and is hereby added to Title 3 of Chapter 2 of the Yorkville City Code to read as follows: "3-2-8 City Vehicle Tax A. Tax Imposed. A vehicle tax is imposed upon the owner of a motor vehicle as defined in the Illinois Vehicle Code, except as provided in subsection F, which is registered with the Ordinance No.2014- 13 Page 2 Illinois Secretary of State to a premise located within the City or has its situs in the City notwithstanding the owner's residency. It shall constitute prima facie evidence that a motor vehicle is operated on the streets of the City when registered or it has its situs in the City. Situs shall mean the owner's premise where the motor vehicle is principally garaged, dispatched or where the movement of the vehicle originates. An owner's premise shall mean the same as the premise of a utility service customer. This vehicle tax shall expire on April 30, 2015. B. Presumption of ownership. There is established a rebuttable presumption that each owner as a utility customer has one motor vehicle registered or with situs to the owner's premise in the City. This presumption may be rebutted by the owner filing a sworn affidavit with the City's Finance Department that there is no motor vehicle registered or with situs on the premise in the City. The Finance Department will investigate the facts in the affidavit and if found to be true the vehicle tax shall not be imposed. C. Tax Rate. The owner shall pay an annual vehicle tax on one motor vehicle registered or with situs to the owner's premise in the City of eight dollars ($8.00) per month that shall be billed as part of the owners' utility service bill. D. Use of tax funds. The revenue derived from the vehicle tax shall be used for the purpose of improving, paving, repairing and maintaining the streets and other public roadways within the City. E. Reduced rate for certain owners. (1)No tax shall be imposed for owner's that are units of local government or a school district, (2)No tax shall be imposed on an owner who is in active military service pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended." Section 2. That Section 7-7-3 be and is hereby added to Chapter 7 of Title 7 of the Yorkville City Code to read as follows: "7-7-3 Vehicle Tax The vehicle tax imposed by Section 3-2-8 shall be placed on the regular billing of City utility bills in the amount a provided in Section 3-2-8." Section 3. That the Title to Chapter 2 of Title 3 of"Municipal Occupation Taxes"be and is hereby amended to read as "Municipal Taxes." Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No. 2014-1 3 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2014. CITY CLERK CARLO COLOSIMO 1 KEN KOCH JACKIE MILSCHEWSKI y LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this J9 day of-}?KIL- 2014. AW MjWOR Ordinance No.2014- 3 Page 4