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S-1184 - 02/27/2007 - ELECTION - Ordinances Supporting Documents• I' EAM 9.11.2)__ AGENDA ITEM Regular Board of Trustees Meeting of January 23, 2007 SUBJECT: Sales Tax Referendum Ordinance FROM: Richard B. Boehm, Village Manager BUDGET SOURCE/BUDGET IMPACT: RECOMMENDED MOTION: I move to approve an Ordinance placing a public question on the ballot for the April 17, 2007 Consolidated Election regarding adding one quarter (1/4 %) percent Non -Home Rule Municipal Retailers' Occupation Tax in the Village of Oak Brook. Backp,round /History: During meetings for the 2007 budget, staff was requested to prepare a referendum question seeking an additional one - quarter (1/4 %) percent Non -Home Rule Sales Tax to be placed on the April 17, 2007 Consolidated Election ballot. In order to ask this question of the electorate, the Board must pass the Ordinance by February 13, 2007. Upon passage, a certified copy of the Ordinance must be filed with the DuPage County Board of Elections and the Cook County Clerk On December 9, 2003, a similar Ordinance was adopted by the Village Board and a referendum for a one - quarter (1/4 %) percent sales tax was placed on the March 16, 2004 General Primary Election ballot. That referendum was approved by the voters with 1,430 voting yes; 502 voted no (74% to 26 %). Recommendation: If the Board wishes to ask the question of the electorate, it must adopt the Ordinance as provided. Last saved by Administrator J \2007 sales tax referendum\Referendum Ordinance Cover Memo doc Last printed 1/19/2007 12 38 PM 1 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 as provided in? 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 as provided in? 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 Kevin Quinlan Village President PASSED THIS 23rd day of January, 2007 Ayes Nays Absent