S-1059 - 12/09/2003 - TAX - OrdinancesI
ORDINANCE - 2003 -EL -REF -S -1059
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 MARCH 16, 2004 GENERAL PRIMARY 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 General Primary Election on March 16, 2004.
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 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 General Primary Election to be held on March 16,
2004:
Shall the Village of Oak Brook impose a 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 impose a Non -Home Rule Municipal Service Occupation
Tax, in the amount of 1/4% of the selling price of all tangible NO
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: That 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 General Primary Election to be held on March 16, 2004 ( "the Election ").
Ordinance 2003-EL-REF-S-1059
Sales Tax Referendum
Page 2
Section 3: That the Village Clerk is hereby directed to certify this question to the election
authorities in Du Page 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 impose a 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 impose a Non -Home Rule Municipal Service Occupation
Tax, in the amount of 1/4% of the selling price of all tangible
personal property transferred by a serviceman, either in the form NO
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: That 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 General Primary Election to be held on Tuesday, the 16th day of March, 2004.
Section 6: That 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: That this ordinance shall be in full force and effect from and after pass e and approval
pursuant to law.
APPROVED THIS 9th day of December, 2003.
President
PASSED THIS 9 th day of December, 2003.
Ayes: Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays: None
Absent: None
„ , ATTtS1
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