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S-1184 - 02/27/2007 - ELECTION - OrdinancesORDINANCE 2007 -EL- REF -S -1184 PAMPHLET FRONT OF PAMPHLET 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 APRIL 17, 2007 CONSOLIDATED ELECTION PUBLISHED IN PAMPHLET FORM THIS 26t" DAY OF January-, 2007, BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS Linda K. Gonnella, CMC r I`S r��� Village Clerk i� ORDINANCE - 2007 -EL- REF -S -1184 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 APRIL 17, 2007 CONSOLIDATED 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 -1 3 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 -1 4 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 Consolidated Election on April 17, 2007. 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 • 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 Consolidated Election to be held on April 17, 2007 Shall the Village of Oak Brook increase the Non -Home Rule YES Municipal Retailers' Occupation Tax, in the amount of 1/4% 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 increase the Non -Home Rule Municipal Service Occupation Tax, in the amount of 1/4% of NO the selling price of all tangible 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 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 Consolidated Election to be held on April 17, 2007 ( "the Election ") Ordinance 2007 -EL- REF -S -1184 Sales Tax Referendum Page 2 of 3 Section 3 That the Village Clerk is hereby directed to certify this question to the election authorities in DuPage 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 increase the Non -Home Rule YES Municipal Retailers' Occupation Tax, in the amount of 1/4% 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 increase the Non -Home Rule Municipal Service Occupation Tax, in the amount of 1/4% of the selling price of all tangible personal property NO 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 5. 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 Consolidated Election to be held on Tuesday, the 17th day of April, 2007 Section 6 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- This ordinance shall be in full force and effect from and after passage and approval pursuant to law. APPROVED THIS 23rd day of January, 2007 e Kevin inlan Villag President PASSED THIS 23rd day of January, 2007 Ayes Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent None 4�5 Y, t z: f(,, ;�I 0 ATTEST. Linda K. Gonnella, CMC Village Clerk Ordinance 2007-EL- REF -S- Sales Tax Referendum Page 3 of 3