Ordinance 2014-31 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-31
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY,ILLINOIS, CODIFYING THE VOLUNTARY PAYMENT DOCTRINE
FOR PAYMENTS MADE TO THE CITY
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 81'day of July, 2014
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on July 15, 2014.
Ordinance No. 2014-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, CODIFYING THE VOLUNTARY PAYMENT DOCTRINE
FOR PAYMENTS MADE TO THE CITY
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, the legal concept know as the voluntary payment doctrine provides
that payments voluntarily paid to the City cannot be recovered if such payment is due to
the negligence of the person paying to not know the ordinances of the City.
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 Title 1, Chapter 7, Municipal Finances, of the Yorkville City
Code, as amended, be and is hereby amended by adding Section 1-7-11 to read as
follows:
"1-7-11: VOLUNTARY PAYMENT
The City shall not refund or credit any payment voluntarily paid to the City without
written protest at the time of payment if the person making the payment did not take
advantage of the reduced garbage pickup surcharge or other fee reduction established by
an ordinance of the City, or if such fee is declared to have been invalidly enacted or
unconstitutional by a court of competent jurisdiction."
Section 2: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of vt [ , 2014.
CITY CLERK =
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT ---1
CHRIS FUNKHOUSER \ JOEL FRIEDERS
ROSE ANN SPEARS 1— DIANE TEELING -�
Ordinance No. 2014- 7J
Page 2
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this ly day of J VLF/ 2014.
MA R
Ordinance No.2014- 3 1
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