G-527 - 12/14/1993 - WATER CHARGES - Ordinances - -5X7 Tex
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ORDINANCE 93-TX-UT-G- 527 Lo CA L
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AN ORDINANCE FURTHER AMENDING ORDINANCE G-470, DIS TRIC.T?S
"AN ORDINANCE ESTABLISHING A UTILITY TAX
WITHIN THE VILLAGE OF OAK BROOK,
DU PAGE AND COOK COUNTIES, ILLINOIS"
WHEREAS, on July 22, 1991 the Village Board passed and the Village
President approved Ordinance G-470 entitled "An Ordinance Establishing a
Utility Tax Within the Village of Oak Brook, DuPage and Cook Counties,
Illinois"; and
WHEREAS, certain revisions and clarifications of Ordinance G-470 have
been made from time to time, most recently in Ordinance 93-TX-UT-G-519 which
was passed and approved on August 10, 1993; and
WHEREAS, in passing Public Act 88-132, the Illinois General Assembly
permits a municipality which imposes taxes upon public utilities and whose
territory includes part of another unit of local government or a school
district to exempt the other unit of local government or school district from
those taxes effective January 1,1994; and
WHEREAS, the Village of Oak Brook wishes to exempt all units of local
government and school districts located within the Village from payment of all
utility taxes imposed by the Village effective January 1, 1994.
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 Section 1 of Ordinance G-470 of the Village of Oak
Brook entitled "An Ordinance Establishing a Utility Tax Within The Village of
Oak Brook, DuPage and Cook Counties, IL" ("Ordinance No. G-47011) , as amended,
is hereby further amended by adding the following as a last sentence to the
definition of "Gross Receipts" set forth in Section 13-1 entitled,
"Definitions".
"The term 'gross receipts' shall not include that portion of the
consideration received for distributing, supplying, furnishing, or
selling gas, electricity, or water to, or for the transmission of
messages for, school districts or units of local government."
Section 2: If this Ordinance or the application thereof is held
unconstitutional or otherwise invalid, the amount of tax due as a consequence
of such holding shall be limited to the amount that the taxpayer is authorized
to charge and collect from such school districts and units of local government
pursuant to the provisions of Section 9-221 of the Public Utilities Act or any
successor thereto.
Section 3: The Village Clerk is hereby directed to send a certified
copy of this ordinance to all taxpayers and to provide to all taxpayers the
G- - 5Z7
Ordinance 93-TX-UT-G-527
Further Amending G-470
Utility Tax
Page 2
names and addresses of each school district and unit of local government which
owns facilities within the Village.
Section 4: This ordinance shall be effective as to gross receipts
actually paid to the taxpayer for services billed on or after January 1, 1994;
provided, however, that any amounts due or payable for any tax periods ending
prior to January 1, 1994 are nevertheless to remain payable as if this
ordinance had not been adopted. The Village clerk is hereby directed to
publish this ordinance in pamphlet form.
PASSED THIS 14th day of December, 1993.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner
Nays: None
Absent: None
Abstain: TTnna
APPROVED THIS 14th day of December, 1993.
Village President
ATTEST:
_d ,C Z ,I-Z11CA.
ill ge Clerk
Approved as to Form:
Village Attorney
Published 12-15-93 Pamphlet form
Date Paper
Not Published