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G-1060 - 10/13/2015 - TAX-UTILITY - Ordinances Supporting Documents ITEM 7.13.3) PGA Of Oqk�� allv �e V- AGENDAITEM A D IT Regular Board of Trustees Meeting of October 13, 2015 SUBJECT: Extension of Utility Tax FROM: Sharon Dangles, AVM/Finance Director BUDGET SOURCEIBUDGET IMPACT: Revenues are currently utilized in the General Fund RECOMMENDED MOTION: I move that the Village Board adopt Ordinance G-1060, "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 31,2016. Backeround/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, 2015. 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). I I I I Neither the telecommunications tax nor the electricity tax carries a sunset provision with it; 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 Corporate Fund and are expected to amount to approximately $260,000 in 2015. Receipts for 2015 have decreased due to a milder winter compared to the prior year by $85,000, or 24.6% When the 2015-2019 Five-Year Plan was completed, it was projected that these taxes were needed at the maximum rate of 5% for the duration of the planning period. Although the Village Board has not yet considered either the 2016 Budget or 2016-2020 Five-Year Financial Plan, the Village Board is well aware of potential revenue issues facing the Village making it highly unlikely that any reduction in the rate for 2016 would be financially feasible. Action on this item is needed at this time in order to give the required notice to the utilities of the Village's intent to continue imposition of these taxes. If at any time the Board decides to adjust the rate of tax, the appropriate adjustment could be processed at that time, resulting in implementation of a new rate approximately 90 days after that decision is made. Recommendation: I recommend that the current utility tax be extended at the 5%rate through December 31, 2016. Please let me know if you have any questions or comments. ORDINANCE 2015-TX-UT-G-1060 AN ORDINANCE FURTHER AMENDING ORDINANCE G-470, ESTABLISHING A UTILITY TAX WITHIN THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, on July 23, 1991 the Village Board adopted Ordinance G-470 entitled "An Ordinance Establishing a Utility Tax Within the Village of Oak Brook, DuPage and Cook Counties, Illinois"; and WHEREAS, certain changes, clarifications and extensions of Ordinance G-470 have been made from time to time by the Village; and WHEREAS, it is in the best interests of the Village of Oak Brook to again extend the imposition of said tax through and including December 31, 2016. 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: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Effective Date of Tax. Section 5-1-5, "Effective Date of Tax," of Title 5, "Municipal Taxes,"of the Village Code is hereby amended further to read as follows: 5-1-5: EFFECTIVE DATE OF TAX: The tax provided for in this chapter shall be based on the "gross receipts", as herein defined, actually paid to the taxpayer for services billed on or after October 1, 1991, through and including December 31, 20152.416. Section 3: Taxpayer's Report Required. Section 5-1-6, "Taxpayer's Report Required," of Title 5, "Municipal Taxes," of the Village Code is hereby amended further to read as follows: 5-1-6: TAXPAYER'S REPORT REQUIRED: B. On or before the last day of every month thereafter, each taxpayer shall make a like return to the village treasurer for the month preceding. The last such return shall be for the month of December 244-5 2916, which shall be due January 31, 2016 2011 Section 4: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] I Additions are bold and doubt --mom;deletions are,;t -r*through. i Ordinance 2015-TX-UT-G-1060 Further Amending G-470, Utility Tax, Page 2 APPROVED this 13th day of October, 2015. Gopal G. Lalmalani Village President PASSED this 13th day of October, 2015. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk