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G-704 - 10/08/2002 - TAX - Ordinances Supporting Documentss r. f• � ti DATE: VILLAGE OF OAK BROO Village Board Transmittal Memorandum October 3, 2002 SUBJECT: Utility Tax Ordinance FROM: Darrell Langlois RECOMMENDATION: That the Village Board adopt the attached ordinance which extends the imposition of the utility tax on natural gas and electricity at the rate of 5% through December 31, 2003. The Village first imposed utility taxes on various utilities in 1991. When the tax was first imposed, the enabling ordinance included a one year "sunset" provision so that the Village Board could review both necessity and the rates of tax annually. The tax has been re- imposed each year thereafter (at varying rates), and the current ordinance imposing this tax expires on December 31, 2002. Based on the direction given through the 2003 -2007 Five Year Financial Plan, it is recommended the Village Board extend the tax at the rate of 5% through December 31, 2003. 600/. of the receipts of this tax will be allocated to the Infrastructure Fund, and 40% of the receipts will be allocated to the General Corporate Fund. Please let me know if you have any questions or comments. 5 uttaxordiance doc a B. 1) At the Village Board meeting of April 13, 1999, the Board approved Resolution 99- SD- PP &FP -R -722, a "Resolution Approving the Preliminary and Final Plat -of Subdivision Known as "Sports Core /Westchester Park Subdivision." Since that time, the owners of proposed Lot 5, Steven and Lisa Becker, sold the property to Dr. Samuel Vinci. The Subdivision Plat of configuration that was negotiated with the Beckers had Lot 5 adding a 20 -foot strip to its north and a� 10 -foot strip to its east. When Dr. Vinci took ownership, he informed the Village that he would also like a 35 -foot strip along his south boundary. The southern line of proposed Lot 5 would then line up with the north line of proposed Lot 4. Village Manager Veitch notified Dr. Vinci of the approximate cost. The subdivision plat and engineering plans were subsequently revised. The new plat also depicts the Highway Dedication in the northeast corner of 31s' Street/Lincoln Street, which the Village sold to DuPage County. Motion by Trustee Miologos, seconded by Trustee Caleel, that the Board approve Resolution 2002- SD- PP &FP -R -818, "A Resolution Approving a Revised Preliminary and Final Plat of Subdivision Known as Sports Core/Westchester Park Subdivision," re- approv'Ing the preliminary and final plat of the Sports Core /Westchester Park Subdivision. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) ORDINANCE 2002- TX -UT -G -704 "AN ORDINANCE FURTHER AMENDING ORDINANCE G -470 AN ORDINANCE ESTABLISHING A UTILITY TAX WITHIN THE VILL ^T AC �K BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS'i' The Village first imposed utility taxes on various utilities iri 1991 When the tax was first imposed, the enabling ordinance included a one - year "sunset" provision so that the Village Board could revieI both necessity and the rates of tax annually. The tax has been re- imposed each year thereafter (at varying rates), and the current ordinance imposing this tax expires on December 31, 2002. 1 Based on the direction given through the 2003 -2007 Five -Year Financial Plan, it is recommended the Village Board extend the tax at the rate of 5% through December 31, 2003. 60% of the receipts of this tax will be allocated to the Infrastructure Fund, and 40% of the receipts will be allocated to the General Corporate Fund. VILLAGE OF OAK BROOK Minutes Page 4 of 10 October 8, 2002 ORD 02- TX -UT -G- 704, AMND ORD G- 470 - EST UTIL TAX 8 B 2) Motion by Trustee Aktipis, seconded by Trustee Korn, that the Board adopt Ordinance 2002- TX -UT -G -704, "An Ordinance Amending Ordinance G -470, "An Ordinance Establishing a Ut: Within the Village of Oak Brook, DuPage and Cook Counties, which extends the imposition of the utility tax on natural electricity at the rate of 5% through December 31, 2003. ROL' /VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Korn, Miologos and Saving Nays: 1 - Trustee Craig. Absent: 0 - None. Motion carried. 3) RESOLUTION 2002 - AUTHORIZING EX AGREEMENT FOR WATER TO AREA CONTAMINATION" THE DWC -EXl -R -8 [ON OF AN PROVISION DUPAGE C( Village Further lity Tax Illinois" ;as and CALL 9, "A RESOLUTION 1TERGOVER.NMENTAL OF LAKE MICHIGAN LINTY AFFECTED BY The Resolution approves an Intergovernmental Agreement with DuPage County and the DuPage Water Commission for the provision of water to contaminated areas of unincorporated DuPage County This Intergovernmental Agreement is meant to serve as a framework for any community which provides water to contaminated areas. At the present time, there are four communities (Woodridge, Naperville, Downers Grove and Lisle) which have been asked to provide Lake Michigan water to unincorporated areas adjacent to their corporate boundaries. Each implementation agreement will be different, as each refines the general terms of the Intergovernmental Agreement to fit the I unique circumstances of each case. The Intergovernmental Agreement has little, if any, effect upon Oak Brook, as there are no known contaminated wells in the few areas of unincorporated DuPage County which adjoin Oak Brook. Because the Village is a Charter Customer of the DuPage Water Commission, the Village is being asked to approve this Intergovernmental Agreement. Motion by Trustee Aktipis, seconded by Trustee Savino, to approve Resolution 2002 -AG- DWC -EXI -R -819, "A Resolution Authonzing Execution of an Intergovernmental Agreement for the Provision of Lake Michigan Water to Areas of DuPage County Affect i d by Contamination ", authorizing execution of the Intergovernmental Agreement. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carved. VILLAGE OF OAK BROOK Minutes Page 5 of 10 October 8, 2002 �b RES 02- AG -DWC- EXI -R -819, AUTH INTGVNMNTL AGR - PROV LK MICH WTR TO AREAS AFFECT BY CONTAM � 90 0 G � O 9 a 2 CFOOUNTI VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 PHONE- 630 990 -3000 October 10, 2002 FAX 6 3 0 990-0 8 7 6 W E B S I T E: www oak -brook org STERLING CODIFIERS, INC. 7600 Mineral Drive, Suite 200 Coeur d'Alene, ID 83814 Attn: Robertson S. Rollins, General Manager Dear Rob: The Village Board, at their meeting of Tuesday, October 8, 2002, passed and approved. ORDINANCE 2002- TX -UT -G -704. "AN OF `AN ORDINANCE ESTABLISHING A UTILI PAGE AND COOK COUNTIES, ILLINOIS"' The above ordinance is being forwarded to you for inclusion in the Village Code of the Village' of Oak Brook. I would appreciate your acknowledging receipt of this ordinance. Sincerely, Richard A. Martens Village Attorney RAM'sps Enclosure