G-662 - 10/24/2000 - TAX - Ordinances Supporting DocumentsIIIIIIIIIIP , IIIIIIIIIIIIII Founded June 19, 1962
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MUNICIPALITIES
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DUPAGE .1IAYORS AND MANAGERS CONFERENCE
an association of municipalities representing 1, 000, 000 people
1220 Oak Brook Road
Oak Brook. Illinois 60523 -2203
(630) 571 -0480
Fax: (630) 571 -0484
September 13, 2000
MEMO TO: MAYORS / PRESIDENTS
MANAGERS / ADMINISTRATORS
FROM: STEPHEN B. VEITCH, DIRECTOR
REGULATORY ISSUES COMMITTEE
SUBJECT: UPDATE ON THE PRIIviECO (TELECOM IMF) DECISION
AND THE VILLAGE OF SKOKIE REQUEST
Background
Last January, the Cook County Circuit Court ruled in the Primeco decision that it
was unconstitutional for Chicago to require wireless telecommunications providers
to collect the City's two- percent telecommunications Infrastructure Maintenance
Fee (EMT) from wireless customers. The court has not yet decided whether this
means only that municipalities lose the ability to collect future ME payments or
that municipalities also must refund some or all past ME revenues.
Update
The Primeco judge has allowed another EMF suit against the Village of Skokie
to be consolidated with Primeco, so that Skokie can be the "test case" of the
validity of the one - percent, non - Chicago IMF. Statewide, at least 460 municipal-
ities impose the one - percent IMF The Primeco judge also is expected to decide
by mid -to- late - October whether to tdlow other telecommunications companies
(both wireless and landline) and their customers to intervene in the lawsuit as
plaintiffs and to allow them to include other municipalities as defendants.
Chicago already has appealed the Primeco decision to the Illinois Supreme Court.
The ME has filed an amicus curae brief in the appeal, also arguing that the
Primeco decision should be reversed. However, the Supreme Court appeal will
not go forward until the Primeco trial court judge decides who all of the parties are
(who has a right to appeal or to defend the decision on appeal). Regardless, the
Supreme Court is expected to decide the appeal by late 2000 or early 2001.
Unfortunately for municipal budget- making, it is difficult to predict whether the Supreme Court
will uphold the ME. One reason for this uncertainty is that the Court may name three new
members before deciding the case.
In April, I reported to you a stopgap strategy that some communities can use to address the
uncertainty of the EMF. Those municipalities that currently impose the IMF, but do not impose
the utility tax on telecommunications (authorized by 65 ILCS 5/8 -11 -2) or the "messages tax"
(authorized by 65 ILCS 5/8- 11 -17) to the maximum rate of 5 %, might consider switching from
the IlvEF to one of these taxes (or to an increased rate of one of them). A municipality cannot levy
both the utility tax on telecommunications and the messages tax. The messages tax is levied on
only intrastate telecommunications, while the utilities tax is levied on both intrastate and interstate
telecommunications.
The City of Chicago also has prepared a draft legislative remedy that would attempt to
1) Correct the existing IMF statute so that the IMF would be regarded by the courts to be a
permissible tax (rather than an improperly applied fee) and
2) Authorize all Illinois municipalities to increase the five percent maximum levy of the telecom-
munications utility tax by the maximum IMF levy (two percent for Chicago versus one percent
for all other municipalities) on the condition that the municipality discontinues the WE
It is uncertain whether this legislative remedy will be proposed during the fall veto session or
during the 2001 regular legislative session.
Village of Skokie Request
On August 17, the NWMC requested the other COGs to consider helping the Village of Skokie
with the costs of the Primeco appeal. The City of Chicago is not requesting any similar financial
assistance. Recall that Skokie alone is defending the legality of the one - percent IMF imposed by
over 460 municipalities statewide.
On September 7, the Conference's Board of Directors asked that the membership be informed of
Skokie's situation and the request for financial support.
If your community would like to provide financial assistance to Skokie, please contact Barbara
Meyer (Corporation Counsel, Village of Skokie) at (847) 933 -8270, 5127 Oakton Street, Skokie,
EL 60077.
Thank you.
MEMO TO:
FROM:
SUBJECT:
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523 -2255
October 20, 2000
Village President & Board of Trustees
Richard A. Martens, Village Attorney
Municipal Taxes
PHONE: 630 990 -3000
FAX: 630 990.0876
W E B S I T E: www.oak- brook. ora
Attached is Steve's memorandum dated September 13, 2000 which updates the status of the litigation
challenging the constitutionality of the Act authorizing the imposition of the Infrastructure Maintenance
Fee. Given the uncertain future of the Act and the lengthy appeals which will likely follow any decision in
the trial court, we are suggesting that the Village may wish to suspend imposition of the 1 % Infrastructure
Maintenance Fee until such time as the Act is found valid by the Illinois Supreme Court or remedial
legislation is enacted by the General Assembly, and the Village Board, by ordinance, reinstates this fee.
To offset the suspension of the 1 % Infrastructure Maintenance Fee, we are suggesting that the Village
increase the telecommunications tax from 2% to 3% in the interim.
This is also the season for the Board to consider the utility tax on gas and electricity. I understand from
Steve that no change is recommended for these utilities at this time.
To accomplish the above suggestions, I have prepared the following ordinances:
1. An ordinance extending the Utility Tax at the current rate of 3 %;
2. An ordinance suspending the Infrastructure Maintenance Fee; and
3. An ordinance amending the Municipal Telecommunications Tax.
Please note in Section 5- 3 -2(A) that the new rate of the Telecommunications Tax is at 3 %.
All of these ordinances are effective January 1, 2001.
We bring these matters to you for your consideration at your meeting on October 24, 2000.
Respectfully submitted,
Q- c
Richard A. Martens
Village Attorney
RAM:sps
Attachment
cc: Stephen B. Veitch, Village Manager
Darrell Langlois, Finance Director
1-14)
21
7.
H. INTERGOVERNMENTAL AGREEMENT YORK AGRMNT
ROAD /INTERSTATE -88 BRIDGES: Approved Omnibus Vote. YOMI -88
BRIDGES
ITEMS REMOVED FROM OMNIBUS AGENDA: None.
ACTIVE AGENDA (Items for Final Action):
A. APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE #2000- TX -UT -G -662, AN
FURTHER AMENDING ORDINANCE
ORDINANCE ESTABLISHING A UTILITY TA
VILLAGE OF OAK BROOK, DUPAGE
COUNTIES, ILLINOIS":
ORDINANCE ORD a00 -TX-
G -470, "AN UT -G-662
X WITHIN THE AMEND G470
AND COOK UTILTAX
Staff recommends that the Village may wish to suspend imposition of
the 1% Infrastructure Maintenance Fee until such time as the Illinois
Supreme Court or remedial legislation finds the Act valid, is enacted by
the General Assembly, the Village Board by ordinance and reinstates
this fee. To offset the suspension of the 1% Infrastructure Maintenance
Fee, staff suggests that the Village increase the telecommunications tax
from 2% to 3% in the interim. This is also the time for the Board to
consider the utility tax on gas and electricity and there is no change
recommended for these utilities at this time.
The Village Attorney has prepared the following ordinances:
1. An ordinance extending the Utility Tax at the current rate of 3 %;
2. An ordinance suspending the Infrastructure Maintenance Fee; and
3. An ordinance amends the Municipal Telecommunications Tax.
In Section 5- 3 -2(A) the new rate of the Telecommunications Tax is at
3 %. All of these ordinances are effective January 1, 2001.
Motion by Trustee Caleel, seconded by Trustee McInerney, to approve
Ordinance #2000- TX -UT -G -662, "An Ordinance Further Amending
Ordinance G -470, `An Ordinance Establishing a Utility Tax Within the
Village of Oak Brook, DuPage and Cook Counties, Illinois," as
presented and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 4 of 10
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October 24, 2000
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VILLAGE OF OAK BROOK
1200 OAK BROOK'ROAD
OAK •BROOK, ILLINOIS 60523 -2255
October 26, 2000
Sterling Codifiers, Inc.
Attention: Robertson S. Rollins, General Manager
7600 Mineral Drive
Coeur d'Alene, ID 83814
Dear Rob:
PHONE: 630 990 -3000
FAX: 630 990-0876
W E B S I T E: www.oak- brook.org
The Village Board, at their Board Meeting of Tuesday, October 24, 2000, passed and approved the
following ordinances:
ORDINANCE 2000- TX -UT -G -662 AN ORDINANCE FURTHER AMENDING ORDINANCE G -470
"AN ORDINANCE ESTABLISHING A UTILITY TAX WITHIN THE VILLAGE OF OAK BROOK.
DU PAGE AND COOK COUNTIES, ILLINOIS"
ORDINANCE 2000 -TX- TELCOM - IMFA -G -663 AN ORDINANCE SUSPENDING CHAPTER 2
"MUNICIPAL TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE" OF TITLE 5
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
ORDINANCE 2000- TX- TELCOM -G -664 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 5
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK ESTABLISHING A MUNICIPAL
TELECOMMUNICATIONS TAX
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.
Si erely,
Richard A. Martens
Village Attorney
RAM/jr
Enclosure