R-706 - 05/12/1998 - TAX - Resolutions �777777 7`7-
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RESOLUTION 98-TX-UT-R- 706
A RESOLUTION REQUESTING THE ILLINOIS COMMERCE COMMISSION
TO PROMULGATE ALTERNATIVE MAXIMUM MUNICIPAL UTILITY TAX RATES
FOR THE USE AND CONSUMPTION OF ELECTRICITY
IN THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village of Oak Brook(the"Village") is an Illinois municipal corporation; and
WHEREAS, this resolution is adopted pursuant to the provisions of Section 8-11-2 of the Illinois
Municipal Code (65 ILCS 5/8-11-2), as amended by Public Act 90-561 (the"Act"); and
WHEREAS,the Act amends the Illinois Municipal Code to replace the exisiing municipal utility
tax imposed on persons engaged in the business of distribubng, supplying furnishing or selling electricity,
with rates based on the gross receipts of such persons from that business originating within the corporate
limits of the Village,with a municipal utility tax imposed on the privilege of using or consuming electricity,
with rates calculated based on the kilowatt-hours of electricity used or consumed within the corporate
limits of the Village; and
WHEREAS, the Act establishes a series of maximum tax rates at which the Village may impose
any municipal utility tax based on the kilowatt-hours of electricity used or consumed; and
WHEREAS,the Act also provides that, upon the request of the corporate authorities of a
municipality, the Illinois Commerce Commission('ICC")shall within 90 days after receipt of such
request, promulgate alternate maximum tax rates for the Village; and
WHEREAS,the ICC, on April 10, 1998, promulgated Emergency Rules(the'ICC Rules), 83 ill.
Adm.Code 418.10 to 83 Ill. Adm.Code 418.210, setting forth the documentation and information which
a municipality must file with the iCC in order to have such alternative maximum alternative rates
promulgated by the ICC; and
WHEREAS,the Village has determined that it is necessary and in the best interests of the
Village to request that the ICC promulgate such alternative maximum tax rates.
THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The Village requests that the ICC promulgate alternative maximum rates for its
Municipal Utility Tax, pursuant to the provisions of the Act and to the ICC Rules,within 90 days after the
receipt by the ICC of this request.
Section 2: The Village President,the Village Manager, and such other officers and employees
of the Village and such agents and consultants as shall be authorized by the Village President and/or the
Village Manager are directed to file with the ICC a copy of this Resolution and such other documentation
as shall be required by the ICC in connection with the promulgation of alternative maximum rates for the
Village's Municipal Utility Tax on the use or consumption of electricity.
Section 3: This Resolution shall be effective immediately upon its passage.
PASSED AND APPROVED this 12th day of May, 1998 by the President and Board of Trustees
of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows:
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Resolution 98-TX-UT-R-706
Alternative Electric Tax Rates
Page 2
Ayes: Trustees B.artecki, Caleel, Kenny and Savino
Nays: None
Absent: Trustees McInerney and Shumate
Abstain: None
Village President /
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