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G-1048 - 05/26/2015 - HOTEL/MOTEL - Ordinances ORDINANCE 2015-FI-HM-TX-G-1048 AN ORDINANCE AMENDING TITLE 5, CHAPTER 5 OF THE VILLAGE CODE REGARDING THE HOTEL BEAUTIFICATION DISTRICT WHEREAS, Section 8-3-14 of the Illinois Municipal Code, 65 ILCS 8-3-14 ("Hotel Tax Statute") generally authorizes the Village to impose a tax on hotels located in the Village; and WHEREAS, on September 25, 1990, the Village adopted Ordinance G-451, establishing a Hotel Tax in the Village and setting the rate of the Tax at one percent("Village Hotel Tax"); and WHEREAS, on November 28, 2006, the Village adopted Ordinance 2006-TX-HM-G-817, amending the Village Hotel Tax to increase the rate of the Tax to 3 percent and to establish a Hotel Beautification District," generally encompassing public rights-of-way and adjacent properties along 22nd Street from Illinois Route 83 to the east Village limits, along Spring Road from 22nd Street to 16th Street, and along Jorie Boulevard from 22nd Street to 31St Street("Hotel Beautification District"); and WHEREAS, on August 26, 2008, the Village adopted Ordinance 2008-TX-HM-G-865, amending the contours of the Hotel Beautification District to include a portion of York Road between the 1-88 Off- Ramp onto York Road to Dover Drive; and WHEREAS, on June 10, 2014, the Village adopted Ordinance 2014-FI-HM-TX-G-1025, to further amend the contours of the Hotel Beautification District to accommodate approved beautification projects; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to: (i) further amend the boundaries of the Hotel Beautification District; and (ii) rename the "Hotel Beautification District" to the "Hotel and Tourism District' to more appropriately reflect the purpose of the Village Hotel Tax; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Hotel Tax Definitions. Section 5-5-1, entitled "Definitions," of Chapter 5, entitled "Municipal Hotel Tax," of Title 5, entitled "Municipal Taxes," shall be amended to read as follows: "5-5-1: DEFINITIONS: HOTEL BEATIFICATION DISTRIGT• The M n„hlio Fight of way and adjacent nronertiec along 22nd Street fForn Iiiinois Route 93 to the ea6t village limits, aleng SpFing Road J r r ,�e,,fr m 22 d Street lath Street, along In BouleyaFd from 22nd Street to 31st Street, aIGRg 16th StFeet between Illinois Reute 83 and SpriRg Read, and a per-tion o York Read between the 1 88 OffFamp ente York Read to Dover Drive. ,ZZn��rGet-�e-��z �r�, o� P�rie HOTEL AND TOURISM DISTRICT: The public rights-of-way and adiacen properties contained within the following boundary: beainning at the point of intersection of the Village's eastern and northern boundaries.then westward along. e northern corporate boundary of the Village to Illinois Route 83, then south Ordinance 2015-FI-HM-TX-G-1048 Amending Title 5,Chapter 5 of the Village Code Page 2 of 3 along Illinois Route 83 to 31st Street then west along 31st Street to Midwest Road. then south along Modwest Road to 35th Street, then east to Illinois Route 83. the south along Illinois Route 83 to the southern boundary of the Village, the east to the Village's eastern boundary, then north along the Village's eastern boundary to the point of intersection of the Village's eastern and northern boundaries." Section 3: Amendment to Village Hotel Tax Use. Section 5-5-2, entitled "Tax Imposed," of Chapter 5, entitled "Municipal Hotel Tax," of Title 5, entitled "Municipal Taxes," shall be amended in its entirety so that Section 5-5-2 shall hereafter be and read as follows: "5-5-2: TAX IMPOSED: G. Two-thirds of the amounts collected from the tax levied pursuant to this Chapter will be dedicated to promote tourism and conventions or overnight stays within the Village by providing funds to the Village's beautification initiative in the Hotel o;stFist Hotel and Tourism District, including, without limitation, the installation and maintenance of improvements in the Hotel o6sffiG Hotel and Tourism District such as landscape and hardscape features. One-third of the amounts collected from the tax levied pursuant to this Chapter will be dedicated for general purposes to promote tourism and conventions within the Village or otherwise to attract nonresident overnight visitors to the Village, regardless of whether the project is located within the Hotel DiStFiG Hotel and Tourism District." Section 4: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Ordinance 2015-FI-HM-TX-G-1048 Amending Title 5,Chapter 5 of the Village Code Page 3 of 3 APPROVED THIS 26th day of May, 2015 Gopal G. Lalmalani Village President PASSED THIS 26th day of May, 2015 Ayes: Trustees Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: Trustee Adler s ;mow ATTEST: Y; Charlotte K. Pruss Village Clerk