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G-866 - 08/26/2008 - TAX - OrdinancesORDINANCE 2008 -TX- TELECOM -G -866 AN ORDINANCE ESTABLISHING A SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX AND AMENDING TITLE 5, CHAPTER 3 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the Simplified Municipal Telecommunications Tax Act creates a simplified municipal telecommunications tax and repeals the municipal tax on transmitting messages under 65 ILCS 5/8 -11 -2, the municipal telecommunications tax under 65 ILCS 5/8- 11 -17, the optional municipal infrastructure maintenance fee under 35 ILCS 635/15 and the municipal infrastructure maintenance fee under 35 ILCS 635/20 effective January 1, 2003, and WHEREAS, the Illinois Department of Revenue was required under Sections 5 -25 and 5 -30 of the Simplified Municipal Telecommunications Tax Act to publish a list and calculate a rate for the imposition of a simplified municipal telecommunications tax for each municipality that had in place one or more of the following a municipal tax on transmitting messages under 65 ILCS 5/8 -11 -2, a municipal telecommunications tax under 65 ILCS 5/8- 11 -17, or a municipal infrastructure maintenance fee under 35 ILCS 635/20 as of July 1, 2002, and WHEREAS, the Village desires to impose a Simplified Municipal Telecommunications Tax pursuant to the Simplified Municipal Telecommunications Tax Act 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VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 Section 5 -3 -1 of the Village Code is repealed Section 2 Section 5 -3 -2 is renumbered as Section 5 -3 -1 and amended to read as follows A simplified municipal telecommunications tax is hereby imposed upon the act or privilege of originating in the Village or receiving in the Village intrastate or interstate telecommunications by a person under the provisions of the Simplified Municipal Telecommunications Tax Act (35 ILCS 636/5 -1, et seq.), at a rate of 6 0% of the gross charges for such telecommunications purchased at retail from a retailer Section 3 The following is added as Section 5 -3 -2 The simplified municipal telecommunications tax shall be collected and enforced by the Department of Revenue of the State of Illinois The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this ordinance Section 4 Section 5 -3 -3 through 5 -3 -8, inclusive, are repealed Section 5 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance Section 6 All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 7 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Section 8 This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form provided, however, that the simplified municipal telecommunications tax shall tax effect for all gross charges billed by telecommunications retailers on or after January 1, 2009 Ordinance 2008 -TX- TELECOM -G -866 Establishing a Simplified Municipal Telecommunications Tax Page 2 of 2 APPROVED THIS 26th day of August, 8 J jn`W Craig ,illaae President PASSED THIS 26th day of August, 2008 Ayes Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays None Absent None Abstain None ATTEST `F•� 3 , I n 7{ {,+ ~ice v il � ;r c��• Charlotte K Pruss Village Clerk c®u w -1v ,