R-706 - 05/12/1998 - TAX - Resolutions Supporting Documents H
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S' ILLAGE OF OAK BROOK
I _' 00 0 A K BR00-K Rai AP
ILLINOIS
MEMORANDUM FAV r 090 Oh;b
DATE: May 8, 1998
TO: Village President and Board of Trustees
FROM: Stephen B. Veitch,Village Managers
SUBJECT: Resolution Requesting ICC Action on Electric Utility Tax Rates
RECOMMENDATION: That the Village Board approve the attached resolution
requesting that the Illinois Commerce Commission promulgate alternative maximum
electric utility exise tax rates for the Village of Oak Brook.
At the Committee-of-the-Whole meeting on April 13, we described for the Board the actions that
the Village will need to take in response to enactment of the electric utility deregulation legislation
last year. The attached resolution is the first step in converting from the gross receipts based utility
tax to the kilowatt hour based tax.
The statute specifies a schedule of maximum exise tax rates for the ten usage tiers. Municipalities
are free to establish rates based on that schedule through a process of adjusting those rates
proportionately to yield the appropriate revenue target (the"Proportional Method"). No ICC action
or approval is needed for rates established under the Proportional Method.
The Act also sets up a process for determining tax rates unique to the municipality where such rates
would more perfectly accomplish the revenue and taxpayer neutrality intended in the Act (the
"Alternative Method"). Technically, the ICC is charged with the responsibility for promulgating
such rates using information provided by the utility through the requesting municipality. In order to
receive the rates in time to consider adopting them effective with bills rendered after September 1
(thereby including consumption after August 1, the date on which residential electric rates will be
reduced 15 %l, it is necessary to submit a request to the Commission by mid-May. The municipal
consortium of which the Village is a part is organizing a joint filing in order to facilitate this
process.
TT II "1
Vide President and Board of Trustees
May 8,1998
Page 2
We have received data from ComBd that suggests rates under both the Proportionate and Alternative
methods. They do not appear to us to be materially different from one another,but we do not really
know at this point what constitutes materiality in this context and, consequently, we do not yet
know which method we will recommend to the Board in the form of an ordinance later this summer.
We do know;however,that we will not have the option of recommending rates derived through the
Alternative Method if we do not request ICC action now.
Accordingly, in order to keep open the option of setting rates under the Alternative Method. I
recommend adoption of the attached resolution. Please let me know if you have any questions.
/sv
attachment
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The net effect is that employees still receive a total of twelve days to
select, but will receive holiday premium pay if they work on Easter.
Motion by Trustee Caleel, seconded by Trustee Savino, to pass
Ordinance 98-PL-G-610, "An Ordinance Amending Article VI Of
The Personnel Rules& Regulations Of The Village Of Oak Brook",
as presented and waive the full reading thereof. ROLL CALL
VOTE:
Ayes: 4 - Trustees Bartecki, Caleel, Kenny and Savino.
Nays: 0 - None.
Absent: 2 - Trustees McInerney and Shumate. Motion carried.
S} QN 98-TX-UT-R-706 A RF.SOLUTIOI`' RES. 98-Tt-t:T-
R [1ESTIN TH I . 1NOI4 OMM i1RCE COl\; : t y S:�N R-706
TQPROMULGATE ALTERNATIVE /1AXIMUM MLJNI ?AL REQUESTING THE ICC
UTILITY TAX RATES FOR THE UST.;ANI?CONSUMPTION TO PROMULGATE
OF ' . _ TRI ITY IN THE VILLAGE OF OAK BROOK. ALTERNATIVE
MAXIMUM M MCIPAL
ILLINOIS: UTILITY Taf RATES I
FOR USE AND
The resolution requests that the Illinois Commerce Corn-mission (ICC) CONSUMPTION OF
promulgate alternative maximum electric utility excise tax rates for ELECTRICIT
the Village of Oak Brook.
At the Committee-of-the-Whole meeting on April 13, 1998, staff
described for the Board the actions that the Village will need to take
in response to enactment of the electric utility deregulation legislation
last year. The resolution is the first step in converting from the gross
receipts based utility tax to the kilowatt hour based tat.
The statute specifies a schedule of maximum excise tax rates for the
ten usage tiers. Municipalities are free to establish rates based on that
schedule through a process of adjusting those rates proportionately to
yield the appropriate revenue target(the "Proportional Method"). No
ICC action or approval is needed for rates established under the
Proportional Method.
The Act also sets up a process for determining tax rates unique to the
municipality where such rates would more perfectly accomplish the
revenue and taxpayer neutrality intended in the Act (the "Alternative
Method"). Technically, the ICC is charged with the responsibility for
promulgating such rates using information provided by the utility
through the requesting municipality. In order to receive the rates in
time to consider adopting them effective with bills rendered after i
September 1 (thereby including consumption after August 1, the date
on which residential electric rates will be reduced 15%), it is
VILLAGE 01' OAK BROOK Minutes 5 of 9 May 12, 1998
Iflil�'r• 7v 4
necessary to submit a request to the Commission by mid-May. The
municipal consortium,of which the Village is a member, is
organizing a joint filing in order to facilitate this process.
Motion by Trustee Caleel, seconded by Trustee Kenny,to pass
Resolution 98-TX-UT-R-706, "A Resolution Requesting The Illinois
Commerce Commission To Promulgate Alternative Maximum
Municipal Utility Tax Rates For The Use And Consumption Of
Electricity In The Village Of Oak Brook, Illinois",as presented and
waive the full reading thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Caleel, Kenny and Savino.
Nays: 0 - None.
Absent: 2 - Trustees McInerney and Shumate. Motion carried.
C. AWARD OF CONTRACTS: No Business.
8. DEPARTMENTAL REPORTS-LIAISON ASSIGNMEM: DEPARTMENTAL
REPORTS -
ngjneerine: Trustee Bartecki -All pavement patching for the 22nd LIAISON ASSIGN-
Street/York Road Project is complete,and two(2)lanes are open in each MENTS
direction except for daily lane closures(usually between 7 a.m. -4 p.m.).
Finance and Hotel Committee: Trustee McInerney -Village Manager Veitch
reported that during April,staff'implemented Smyth Systems for the Golf Club
computer applications. The system is functioning well and staff anticipates
implementation at the Bath and Tennis Club during the middle of May.
The 1997 Audit was completed during April, and the report as well as the
Management Letter was on tonight's agenda for acceptance and to be placed on
file.
The revised investment policy of the Police Pension Fund was adopted during
April to accommodate the recent legislative changes increasing the limit on
equity investment to 35%(a Village Board objective). The Firefighters'
Pension Fund investment policy is in draft form and will be considered at their
next regular meeting.
Village Manager Veitch continued by reporting that a marketing campaign
status report has been prepared by the Hotel Marketing Subcommittee.
Fire: Trustee Kenny - April fire calls totaled 95, ,vitli Mutual Aid given 5
times and received 3 times. Ambulance calls totaled 75, with Mutual Aid
giver. 5 times and received 5 times.
On April 7, 1998, fire units responded to a request for aid from NICOR for a
gas main break at 2813 Meyers Road.
On April 8, 1998, fire units responded to a smell of smoke in Marshall Fields.
Light smoke was encountered by first-in companies who located the source of
VILLAGE OF OAK BROOK Minutes 6 of 9 May 12, 1998
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