G-873 - 10/28/2008 - TAX - Ordinances Supporting Documentsf J �
ITEM 10.13.1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 28, 2008
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 -873, "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, 2009.
Background/History:
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, 2008.
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
r 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).
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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 $400,000 in 2008.
When the 2008 -2012 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 2009 Budget or 2009 -2013 Five -Year Financial Plan, the
Village Board is well aware of the revenue issues facing the Village making it highly unlikely
that any reduction in the rate for 2009 would be financially feasible. 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, 2009.
Please let me know if you have any questions or comments.
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ORDINANCE 2008- TX -UT -G -873
AN ORDINANCE FURTHER AMENDING ORDINANCE
G-470, ESTABLISHING A UTILITY TAX WITHIN
THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, on July 23, 1991 the Village Board passed and the Village President approved
Ordinance G -470 entitled "An Ordinance Establishing a Utility Tax Within the Village of Oak Brook,
DuPage and Cook Counties, Illinois ", and
WHEREAS, certain changes, clarifications and extensions of Ordinance G -470 have been made
from time to time by the Village, and
WHEREAS, it is in the best interests of the Village of Oak Brook to again extend the imposition of
said tax through and including December 31, 2009
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 Section 5 -1 -5 of Title 5 of the Village Code is hereby amended by deleting the year
"2008" where it appears, and replacing same with the year "2009"
Section 2 Section 5- 1 -6(B) of Title 5 of the Village Code is hereby amended by deleting the years
"2008" and "2009" where they appear, and replacing same respectively with "2009" and "2010"
Section 3 This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form as provided by law
APPROVED this 28th day of October, 2008
PASSED this 28th day of October, 2008
Ayes
Nays
Absent
John W Craig
Village President
ATTEST
Charlotte K Pruss
Village Clerk