S-1059 - 12/09/2003 - TAX - Ordinances Supporting DocumentsVILLAGE OF OAK ]BROOK
Village Board Transmittal Memorandum
DATE: December 5, 2003
SUBJECT: Sales Tax Referendum Ordinance
FROM: Kenneth T. Kubiesa, Village Attorney
RECOMMENDATION: Approval of an Ordinance that would place a referendum on the
ballot for the General Primary Election of March 16, 2004 to add
one - quarter (1/4 %) percent Non -Home Rule Municipal Retailers'
Occupation Tax in the Village of Oak Brook.
Attached hereto you will find an Ordinance placing a referendum on the ballot for March 16, 2004 to
increase the sales tax in the Village of Oak Brook by one - quarter (1/4 %) percent. Upon passage of the
Ordinance, a certified copy thereof must be filed with the DuPage County Board of Elections and the
Cook County Clerk on or before January 12, 2004 and the matter will then appear on the March 16,
2004 general election ballot.
While the wording on the question appears lengthy it is a necessary statutory requirement in order to
impose the tax on all goods and services sold within the Village of Oak Brook.
H \Kathy \VOB \Ordinance \\sales tax memo
sales tax memo doc
7 B. 3) ORDINANCE 2003 -SC -EXI -G -738 "AN ORDINANCE AMENDING ORD 03- SC- EXI -G-
CHAPTERS 2 AND 3 OF TITLE 12 OF THE VILLAGE CODE OF 12 -G F CLB FEES
THE VILLAGE OF OAK BROOK, ILLINOIS (GOLF CLUB AND
BATH AND TENNIS)"
Ordinance 2003 -SC -EXI -G -738 amends the fees and definitions of
Chapters 2 and 3 for the Oak Brook Golf Club and the Oak Brook Bath
and Tennis Club. The changes to the definitions and fees were
recommended by the Village Manager and staff
President Quinlan explained that only the Oak Brook Golf Club fees
would be approved at this time.
Motion by Trustee Yusuf, seconded by Trustee Konn, to pass Ordinance
2003 -SC -G -738, "An Ordinance Amending Chapter 2 of Title 12 of the
Village Code of the Village of Oak Brook, Illinois (Golf Club)" which
amends the fees and definitions of Chapters 2 for the Oak Brook Golf
Club. ROLL CALL VOTE
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korn, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) RDINANCE 2003 -EL -REF -S -1059, "AN ORDINANCE CALLING
FOR THE SUBMISSION OF A PUBLIC QUESTION TO THE
VOTERS OF THE VILLAGE OF OAK BROOK, COOK AND
DUPAGE COUNTIES, ILLINOIS AT THE MARCH 16, 2004
GENERAL PRIMARY ELECTION"
Ordinance 2003 -EL -REF -S -1059, "An Ordinance Calling for the
Submission of a Public Question to the Voters of the Village of Oak
Brook, Cook and DuPage Counties, Illinois at the March 16, 2004
General Primary Election" places a referendum on the ballot for March
16, 2004 to increase the sales tax in the Village of Oak Brook by one -
quarter (1/4 %) percent Upon passage of the Ordinance, a certified copy
thereof must be filed with the DuPage County Board of Elections and
the Cook County Clerk on or before January 12, 2004 and the matter
will then appear on the March 16, 2004 General Primary election ballot.
While the wording on the question appears lengthy it is a necessary
statutory requirement in order to impose the tax on all goods and
services sold within the Village of Oak Brook.
Motion by Trustee Caleel, seconded by Trustee Yusuf, to pass
Ordinance2003 -EL -REF -S -1059, "An Ordinance Calling for the
Submission of a Public Question to the Voters of the Village of Oak
VILLAGE OF OAK BROOK Minutes
P-1
Page 4 of 9 December 9, 2003
ORD 03- EL- REF -S-
1059 - SUBMSN OF
PUBL QUES 3 -16 -04
GNRL PRIM ELEC
s
7 B 4)
Brook, Cook and DuPage Counties, Illinois at the March 16, 2004
General Primary Election" which places a referendum on the ballot for
March 16, 2004 to increase the sales tax in the Village of Oak Brook by
one - quarter (1/4 %) percent ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays 0 - None.
Absent- 0 - None. Motion carried.
Trustee Caleel stated the importance of this proposal and asked that staff
explain to the Village residents the importance of passage of this
referendum. Trustee Korin noted that the sales tax increase would
amount to $2 5 million if approved for the Village. Trustee Aktipis also
requested that the voters be notified of the reasons why this is being
done and the importance of its passage
5) RESOLUTIOON 2003 -AG -EXI -R -865, "A
APPROVING AN INTERGOVERNMENTAL
BETWEEN THE VILLAGE OF OAK BROOK A
BROOK PARK DISTRICT FOR A HISTORICAL
BUTLER SCHOOL"
RESOLUTION RES 03-AG- EXI -R-
865 - APV
AGREEMENT INGVNMNTL
ND THE OAK AGREE OB PK DIST
& VOB FOR HIST
MUSEUM AT MUSEUM
This matter was continued from the Board's November 25th meeting
Resolution 2003 -AG -EXI -R -865, - "A Resolution Approving an
Intergovernmental Agreement Between the Village of Oak Brook and
the Oak Brook Park District for a Historical Museum at Butler School"
represents what is believed to be the intent of the Village of Oak Brook
and the Oak Brook Park District with regard to the use of a portion of
the old Butler School Building as a historical museum. According to the
terms contained in the proposed document, the Village will be obligated
to maintain the exterior of the building and existing appurtenances, the
Village will also be obligated to maintain existing mechanical systems
Under the terms of the agreement, the Park District will be obligated to
construct and/or maintain the interior space that would be utilized as a
museum. In addition, the agreement calls for the formation of a
committee that will act in an advisory capacity to recommend the
conversion of space into a museum and the operation of the museum
Motion by Trustee Caleel, seconded by Trustee Aktipis, to pass
Resolution 2003 -AG -EXI -R , "A Resolution Approving an
Intergovernmental Agreement Between the Village of Oak Brook and
the Oak Brook Park District for a Historical Museum at Butler School "
ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 5 of 9 December 9, 2003
ORDINANCE - 2003 -EL -REF -S -1059
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 MARCH 16, 2004 GENERAL PRIMARY 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 8-11-13 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 8-11-14 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 General Primary Election on March 16, 2004
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 That 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 General Primary Election to be held on March 16,
2004
Shall the Village of Oak Brook impose a Non -Home Rule YES
Municipal Retailers' Occupation Tax, in the amount of `/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 impose a Non -Home Rule Municipal Service Occupation
Tax, in the amount of 1 /4% of the selling price of all tangible NO
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 for expenditure on public infrastructure?
Section 2 That 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 General Primary Election to be held on March 16, 2004 ( "the Election ")
Ordinance 2003-EL-REF-S-1059
Sales Tax Referendum
Page 2
Section 3 That the Village Clerk is hereby directed to certify this question to the election
authorities in Du Page 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 impose a Non -Home Rule YES
Municipal Retailers' Occupation Tax, in the amount of14 % 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 impose a Non -Home Rule Municipal Service Occupation
Tax, in the amount of 1/4% of the selling price of all tangible
personal property transferred by a serviceman, either in the form NO
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 for expenditure on public infrastructure?
Section 5 That 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 General Primary Election to be held on Tuesday, the 16th day of March, 2004
Section 6 That 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 That this ordinance shall be in full force and effect from and after pass a and approval
pursuant to law
APPROVED THIS 9 th day of December, 2003
V ace President
PASSED THIS 9 th day of December, 2003
Ayes Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays None
Absent None
ATTES
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