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G-668 - 01/09/2001 - TAX - Ordinances Supporting DocumentsMEMO TO: FROM: SUBJECT: � vt OF Oqq,\ e e 0 o 9cF�0UN71 •\��\ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 January 2, 2001 Village President & Board of Trustees Richard A. Martens, Village Attorney Local Government Taxpayers' Bill of Rights Ordinance ;7 't L . 9--7 PHONE 630 990 -3000 FAX 630 990 -0876 W E B S I T E www oak -brook org During the last legislative session, the Illinois Legislature passed the "Local Government Taxpayers' Bill of Rights Act" (the "Act "). Municipal interests (e.g. Illinois Municipal League and DuPage Mayors and Managers Conference) and interests representing payers of locally imposed taxes agreed to support this Act which is effective January 1, 2001. The legislative intent for this Act states: "The provisions of this Act are designed to reduce the burden on both taxpayers and tax collectors by specifically providing that fair and consistent tax processes and procedures be adopted and disseminated to taxpayers at the local level, while at the same time preserving local government's full authority to collect taxes lawfully due under their taxing ordinances." All units of local government are required to adopt an ordinance that is consistent with the provisions of the Act The requisite ordinance is attached for your review. The limitations provided by the Act take precedence over any provisions of any tax ordinance previously adopted or to be adopted by a unit of local government. The Act applies to locally imposed taxes such as the utility tax, the telecommunications tax and hotel tax. So- called sales taxes are not covered by the Act. Fees collected by a unit of local government are also not covered, with the exception of the Infrastructure Maintenance Fee You may recollect that the Village suspended the imposition of the IMF effective January 1, 2001, and increased the telecommunications tax to 3% The attached ordinance provides procedures for audits, late payments, credits /refunds, appeals, interest/penalties, hearings and voluntary disclosure. I understand that you will consider this ordinance at your meeting on January 9, 2001. This ordinance is based on a model prepared by the Home Rule Attorneys of the Illinois Municipal League. Respectfully submitted, d Richard A. Martens Village Attorney RAM sps Attachment cc: Stephen B. Veitch, Village Manager Darrell J. Langlois, Finance Officer 3) ORDINANCE #2001- ZO -V -DU- SWM +FP -S -983, AN ORDINANCE AMENDING ORDINANCE S -965 PROVIDING FOR THE SECOND EXTENSION OF THE EXPIRATION DATE OF THE VARIANCE GRANTED THEREIN (9 NATOMA DRIVE, OAK BROOK, IL 60523 Motion by Trustee Savino, seconded by Trustee Kenny, to adopt Ordinance #2001- ZO -V -DU- SWM +FP -S -983, "An Ordinance Amending Ordinance S -965 Providing for the Second Extension of the Expiration Date of the Variance Granted Therein (9 Natoma Drive, Oak Brook, IL 60523)," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 4) ORDINANCE #2001- GL- MUN- TX -RR -G -668, AN ORDINANCE IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE VILLAGE OF OAK BROOK, ILLINOIS: During the last legislative session, the Illinois Legislature passed the "Local Government Taxpayers' Bill of Rights Act." Municipal interests, such as the Illinois Municipal League and DuPage Mayors and Managers Conference, and interests representing payers of locally imposed taxes agreed to support this Act which is effective January 1, 2001. The legislative intent for this Act states: "The provisions of this Act are designed to reduce the burden on both taxpayers and tax collectors by specifically providing that fair and consistent tax processes and procedures be adopted and disseminated to taxpayers at the local level, while at the same time preserving local government's full authority to collect taxes are lawfully due under their taxing ordinance." The limitations provided by the Act take precedence over any provisions of any tax ordinance previously adopted by a unit of local government. The Act applies to locally imposed taxes such as the utility tax, the telecommunications tax and hotel tax. Sales taxes are not covered by the Act. Fees collected by a unit of local government are also not covered, with the exception of the Infrastructure Maintenance Fee (IMF). The Village suspended the imposition of the IMF effective January 1, 2001, and increased the telecommunications tax to 3 %. The proposed ordinance provides for audits, late payments, VILLAGE OF OAK BROOK Minutes Page 6 of 12 January 9, 2001 ORD #01 -zO- V -DU -S WM+ FP -S -983 VAR EXT 9 NATOMA DR ORD #01 -GL- M UN -TX- RR -G -668 LOCAL TAX RIGHT & RESP credits /refunds, appeals, interest/penalties, hearings and voluntary disclosure. All units of local government are required to adopt an ordinance that is consistent with the provisions of the Act. Motion by Trustee McInerney, seconded by Trustee Savino, to adopt Ordinance #200 1 -GL-MUN-TX-RR-G-668, "An Ordinance in Connection with Rights and Responsibilities Related to Locally Imposed and Administered Taxes of the Village of Oak Brook, Illinois," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 5) ORDINANCE #2001 -BU -S -984, AN ORDINANCE AUTHORIZING A LOAN TO THE SPORTS CORE FUND: The current ordinance authorizing loans from the General Corporate Fund to the Sports Core Fund expired on January 31, 2001. The prior ordinance authorized a consolidated loan of up to $750,000 in order to fund capital and operating needs of the Sports Core dating from 1996- 1999. At the end of December an additional $40,000 was needed in order to fund the final payroll and bill listing for 2000. This shortfall is due primarily to weather - related factors as well as the under budget performance of the food and beverage operations for 2000. Finance Director Langlois requested that the loan amount authorized is increased to $790,000. Per the 2001 -2005 Five -Year Financial Plan, repayment of this loan is scheduled to begin in 2003. The current ordinance authorized a loan of up to $1,313,440 in order to provide funding for the golf clubhouse expansion project and a loan of $125,000 for the pool deck replacement project in advance of receipt of the proceeds from the sale of the Westchester Park property. Due to the final payout on both projects having already been made, the loan amounts authorized can be adjusted to $1,298,300 for the golf clubhouse expansion project and $125,500 for the pool deck replacement project. Since the proceeds from the sale have not yet occurred, Finance Director Langlois also requested that the authorizations be extended for an additional one -year term. To date, expenses of approximately $107,000 have been paid for engineering and subdivision work in Westchester Park, with additional VILLAGE OF OAK BROOK Minutes Page 7 of 12 January 9, 2001 46 ORD #01 -BU- S -984 SC LOAN 6E Of Oq�.\ �v P X90 O - y G � O 9cF�0UNTY VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 PHONE: 630 990 -3000 FAX: 630 990-0876 January 11, 2001 W E B S I T E: www.oak- brook.org Sterling Codifiers, Inc. Attention: Robertson S. Rollins, General Manager 7600 Mineral Drive Coeur d'Alene, ID 83814 Dear Rob: The Village Board, at their Board Meeting of Tuesday, January 9, 2001, passed and approved the following ordinances: ORDINANCE 2001- LC -AL -G -667 AN ORDINANCE AMENDING TITLE 4, CHAPTER 1 SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES /ORDINANCE 2001- GL- MUN- TX -RR -G -668 AN ORDINANCE IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE VILLAGE OF OAK BROOK, ILLINOIS The above Ordinances are being forwarded to your for inclusion in the Code of Ordinances of the Village of Oak Brook. I would appreciate your acknowledging receipt of these Ordinances. Sincerely, Richard A. Martens Village Attorney RAM/jr Enclosure