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G-841 - 10/09/2007 - TAXES - Ordinances Supporting Documentstalk ITEM 10. it. 1) AGENDA ITEM Regular Board of Trustees Meeting of October 9, 2007 SUBJECT: Extension of Utility Tax FROM: Darrell Langlois BUDGET SOURCE /BUDGET IMPACT: Revenues are currently utilized in the General Fund RECOMMENDED MOTION: I move that the Village Board adopt Ordinance G -841, "An Ordinance Further Amending Ordinance G -470 Establishing a Utility Tax Within the Village of Oak Brook, Illinois" which extends the imposition of the utility tax on natural gas and electricity at the rate of 5% through December 31, 2008. Background/Histo!: . The Village first imposed utility taxes on various utilities in 1991. When the tax was originally imposed, the tax was assessed on electric, natural gas, and telephone services within the Village. The enabling utility tax ordinance included a one year "sunset" provision so that the Village Board could review both necessity and the rates of tax annually. The tax has been re- imposed each year thereafter (at varying rates), and the current ordinance imposing this tax expires on December 31, 2007. In the mid- 1990's, the Village stopped assessing utility taxes on telephone service and instead implemented a telecommunication tax, which effectively resulted in the Village receiving taxes on long distance service instead of just local telephone service. Furthermore, due to deregulation of the electric industry, beginning in 1998 the Village began implementation of an "electricity tax ", which is a ten - tiered tax rate structure that resulted in the phasing out of the gross receipts utility tax (at the present time the rates are designed to approximate a 5% gross receipts tax). 1 °Vl Last saved by Default I \ FINANCE \D LANG LOI\WORD\uttaxextens=2007 doe Last printed 10/2/2007 3 46 PM Neither the telecommunications tax nor electricity tax carry a sunset provision with it; thus, as a practical matter, extending the sunset date only impacts the current 5% utility tax on natural gas. Receipts from the utility tax on natural gas are deposited in the General Corporate Fund and are expected to amount to approximately $350,000 in 2007. When the 2007 -2011 Five -Year Plan was completed, it was projected that these taxes were needed at the maximum rate of 5% for the duration of the planning period. Although the Village Board has not yet considered either the 2008 Budget or 2008 -2012 Five -Year Financial Plan, action on this item is needed at this time in order to give the required notice to the utilities of the Village's intent to continue imposition of these taxes. If at any time the Board decides to adjust the rate of tax, the appropriate adjustment could be processed at that time, resulting in implementation of a new rate approximately 90 days after that decision is made. Recommendation: I recommend that the current utility tax be extended at the 5% rate through December 31, 2008. Please let me know if you have any questions or comments. Last saved by Detault I \ FINANCE \D LANG LOI\WORD\uttaxextens=2007 doe Last pi inted 10/2/2007 3 46 PM