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G-1200 - 11/23/2021 - TAX-UTILITY - Ordinances Supporting Documents ITEM 6.E.1 BOARD OF TRUSTEES MEETING VII IAcl 01 SAMUEL E. DEAN BOARD ROOM OAK B _9 , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of November 23,2021 SUBJECT: Extension of Gas Utility Tax FROM: Jason Paprocki, Finance Director BUDGET SOURCE/BUDGET IMPACT: Revenues are currently utilized in the General Fund. RECOMMENDED MOTION: I move that the Village Board adopt Ordinance 2021-TX-UT- G-1200, "An Ordinance Further Amending Ordinance G-470, Establishing a Utility Tax Within the Village of Oak Brook,Illinois"which extends the imposition of the utility tax on natural gas and electricity at the rate of 5%through December 31,2022. Back$round/History: The Village first imposed utility taxes on various utilities in 1991. When the tax was originally imposed, the tax was assessed on electric, natural gas, and telephone services within the Village. The enabling utility tax 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, 2021. In the mid-1990's, the Village stopped assessing utility taxes on telephone service and instead implemented a telecommunication tax,which effectively resulted in the Village receiving taxes on long distance service instead of just local telephone service. Furthermore, due to deregulation of the electric industry, beginning in 1998 the Village began implementation of an "electricity tax", which is a ten-tiered tax rate structure that resulted in the phasing out of the gross receipts utility tax (at the present time the rates are designed to approximate a 5% gross receipts tax). Neither the telecommunications tax nor the electricity tax carries a sunset provision; thus, as a practical matter, extending the sunset date only impacts the current 5% utility tax on natural gas. Receipts from the utility tax on natural gas are deposited in the General Fund and are expected to BOT AGENDA Page 1 v /l amount to approximately $232,000 in 2021. Projected receipts for 2022 are expected to be consistent with recent averages at$220,000. When the 2021-2025 Five-Year Plan was completed, it was planned that these taxes were needed at the rate of 5% for the duration of the five-year period. Although the Village Board has not yet approved either the 2022 Proposed Budget or 2022-2026 Proposed Five-Year Financial Plan,both documents were prepared with the assumption the 5% gas tax continues into the future. Recommendation: I recommend the Village Board adopt Ordinance 2021-TX-UT-G-1200, "An Ordinance Further Amending Ordinance G-470, Establishing a Utility Tax Within the Village of Oak Brook, Illinois"which extends the imposition of the utility tax on natural gas and electricity at the rate of 5%through December 31, 2022. i I I i I I i i r I i BOT AGENDA Page 2 i I i