S-1184 - 02/27/2007 - ELECTION - Ordinances Supporting Documents•
I' EAM 9.11.2)__
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 23, 2007
SUBJECT: Sales Tax Referendum Ordinance
FROM: Richard B. Boehm, Village Manager
BUDGET SOURCE/BUDGET IMPACT:
RECOMMENDED MOTION: I move to approve an Ordinance placing a public question
on the ballot for the April 17, 2007 Consolidated Election regarding adding one quarter
(1/4 %) percent Non -Home Rule Municipal Retailers' Occupation Tax in the Village of Oak
Brook.
Backp,round /History:
During meetings for the 2007 budget, staff was requested to prepare a referendum question
seeking an additional one - quarter (1/4 %) percent Non -Home Rule Sales Tax to be placed on the
April 17, 2007 Consolidated Election ballot. In order to ask this question of the electorate, the
Board must pass the Ordinance by February 13, 2007. Upon passage, a certified copy of the
Ordinance must be filed with the DuPage County Board of Elections and the Cook County Clerk
On December 9, 2003, a similar Ordinance was adopted by the Village Board and a referendum
for a one - quarter (1/4 %) percent sales tax was placed on the March 16, 2004 General Primary
Election ballot. That referendum was approved by the voters with 1,430 voting yes; 502 voted no
(74% to 26 %).
Recommendation:
If the Board wishes to ask the question of the electorate, it must adopt the Ordinance as provided.
Last saved by Administrator J \2007 sales tax referendum\Referendum Ordinance Cover Memo doc
Last printed 1/19/2007 12 38 PM
1
ORDINANCE - 2007 -EL- REF -S -1184
AN ORDINANCE CALLING FOR THE SUBMISSION OF A PUBLIC QUESTION TO THE VOTERS
OF THE VILLAGE OF OAK BROOK, COOK AND DU PAGE COUNTIES, ILLINOIS
AT THE APRIL 17, 2007 CONSOLIDATED ELECTION
WHEREAS, Section 8 -11 -1 1 of the Illinois Municipal Code authorizes the corporate authorities of
a municipality to call for the submission to the electors of the municipality a referendum posing the
question of whether the municipality shall impose a Non -Home Rule Municipal Retailers' Occupation Tax
within the municipality, and
WHEREAS, Section 8 -11 -1 3 authorizes a municipality to impose a Non -Home Rule Municipal
Retailers' Occupation Tax, if approved by referendum, but only in conjunction with a Non -Home Rule
Municipal Service Occupation Tax as defined in Section 8 -11 -1 4 in the Illinois Municipal Code, and
WHEREAS, Section 28 -5 of the Illinois Election Code authorizes the local election official to
certify a public question to be submitted to the voters of the political subdivision at that election which has
been initiated by action of the governing board of the political subdivision, and
WHEREAS, the Village of Oak Brook wishes to submit a Public Question to the qualified electors
of the Village regarding the imposition of a Non -Home Rule Municipal Retailers' Occupation Tax and a
Non -Home Rule Municipal Service Occupation Tax, and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook have determined
that it is in the best interest of the citizens of the Village of Oak Brook to cause a Public Question to be
placed on the ballot at the Consolidated Election on April 17, 2007
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 The following referendum, in the form of a Public Question, shall be submitted
to the qualified electors of the Village of Oak Brook at the Consolidated Election to be held on
April 17, 2007
Shall the Village of Oak Brook increase the Non -Home Rule YES
Municipal Retailers' Occupation Tax, in the amount of 1/4%
of the gross receipts of any sale of personal property, upon
any person engaged in the business of selling tangible
personal property at retail in the Village of Oak Brook; and
shall the Village of Oak Brook increase the Non -Home Rule
Municipal Service Occupation Tax, in the amount of 1/4% of NO
the selling price of all tangible personal property
transferred by a serviceman, either in the form of tangible
personal property or in-the form of real estate, as an
incident to a sale of service, upon all persons engaged, in
the Village of Oak Brook, in the business of making sales of
service to be used by the Village as provided in?
Section 2 The question, as set forth in Section 1 of this Ordinance shall be submitted to
the qualified electors of the Village of Oak Brook in accordance with the applicable provisions of
the Illinois Election Code at the Consolidated Election to be held on April 17, 2007 ( "the
Election ")
Ordinance 2007 -EL- REF -S -1184
Sales Tax Referendum
Page 2 of 3
Section 3 That the Village Clerk is hereby directed to certify this question to the election
authorities in DuPage and Cook Counties, in the State of Illinois, in accordance with Section 28 -5
of the Election Code
Section 4 That the ballot to be used at the Election shall be in substantially the following
form, as required by Section 16 -7 of the Illinois Election Code, with such alterations, changes,
insertions and deletions as are required by Article 24A of the Illinois Election Code, if an
electronic, mechanical or electric voting system is used at the Election:
(FACE OF BALLOT)
Shall the Village of Oak Brook increase the Non -Home Rule YES
Municipal Retailers' Occupation Tax, in the amount of 1/4%
of the gross receipts of any sale of personal property, upon
any person engaged in the business of selling tangible
personal property at retail in the Village of Oak Brook; and
shall the Village of Oak Brook increase the Non -Home Rule
Municipal Service Occupation Tax, in the amount of 1/4% of
the selling price of all tangible personal property NO
transferred by a serviceman, either in the form of tangible
personal property or in the form of real estate, as an
incident to a sale of service, upon all persons engaged, in
the Village of Oak Brook, in the business of making sales of
service, to be used by the Village as provided in?
Section 5 The question referred to and set forth herein shall be submitted to the
qualified electors of the Village of Oak Brook in accordance with the general election law of the
State of Illinois at the Consolidated Election to be held on Tuesday, the 17th day of April, 2007
Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance
be and the same are hereby repealed to the extent of such conflict
Section 7 This ordinance shall be in full force and effect from and after passage and
approval pursuant to law
APPROVED THIS 23rd day of January, 2007
Kevin Quinlan
Village President
PASSED THIS 23rd day of January, 2007
Ayes
Nays
Absent