G-663 - 10/24/2000 - TAX - Ordinances7
ORDINANCE 2000 -TX- TELCOM - IMFA -G -663
AN ORDINANCE SUSPENDING CHAPTER 2
"MUNICIPAL TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE"
OF TITLE 5 OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, certain litigation is now pending in the Circuit Court of Cook County which challenges
the validity of the Municipal Telecommunications Infrastructure Maintenance Fee Act ( "the Act "), 35 ILCS
635/20 (1999) (See Primeco Personal Communications L P et al v City of Chicago et al 98 CH 5500);
and
WHEREAS the Circuit Court of Cook County has ruled unconstitutional the City of Chicago's two
percent (2 %) telecommunications infrastructure maintenance fee as applied to wireless
telecommunication providers pursuant to the Act; and
WHEREAS, litigation challenging the Village of Skokie's imposition of a one percent (1 %)
telecommunications infrastructure maintenance fee has been consolidated with the Primeco lawsuit; and
WHEREAS, the Village of Oak Brook, like the Village of Skokie and at least 460 municipalities in
the State of Illinois relies on the Act to enable its imposition of a one percent (1 %) telecommunications
infrastructure maintenance fee; and
WHEREAS, in the event that the Act is found unconstitutional in whole or in part, the Village of
Oak Brook might be required to refund some or all of the fees which it has collected under the Act; and
WHEREAS the Village must rely on stable revenue sources to meet its financial obligations; and
WHEREAS, given the uncertain future of the Act and the lengthy appeals which will likely follow
any decision in the trial court, it is in the best interest of the Village that it suspend the imposition of the
one percent (1 %) infrastructure maintenance fee until such time as the Act is found valid by the Illinois
Supreme Court or remedial legislation is enacted by the General Assembly and the Village Board, by
ordinance, lifts the suspension and reimposes the one percent (1 %) Infrastructure Maintenance Fee.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village
of Oak Brook as follows:
Section 1 • That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That the Village Code of the Village of Oak Brook, IL is hereby amended by adding a
section to be numbered as follows, 5 -2 -0, "Suspension of Chapter' which section shall read as follows:
"Sec. 5 -2 -0. Suspension of Chapter 2.
Effective January 1, 2001, this Chapter 2 entitled, Municipal Telecommunications Infrastructure
Maintenance Fee, is suspended in its entirety until the Village Board, by ordinance, removes this section
5 -2 -0 from the Village Code, thereby lifting the suspension and reinstating Sections 5 -2 -1 through 5 -2 -11
of this Chapter. This suspension shall be effective for services billed on or after January 1, 2001;
provided, however, that any amounts due or payable for any tax periods ending prior to January 1, 2001
Ordinance 2000 -TX- TELCOM - IMFA -G- 663
Suspending Chapter 2, Municipal Telecommuni-
cations Infrastructure Maintenance Fee of
Title 5, Page 2
are to remain payable as if this suspension had not been adopted.
Section 3: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
Section 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law and the amendments provided herein shall
be effective for services billed on or after January 1, 2001; provided, however, that any amounts due or
payable for any tax periods ending prior to January 1, 2001 are nevertheless to remain payable as if this
Ordinance had not been adopted.
Section 5: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 24th day of October, 2000.
Ayes: Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino
Nays: None
Absent: None
Abstain: None
APPROVED THIS
C0 01Q
24th day of October, 2000.
Approv d as to Form: eigeb�
Village Attorney
Published 10 -25 -2000 Pamphlet form
Date Paper
Not Published