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S-1059 - 12/09/2003 - TAX - Ordinances Supporting DocumentsVILLAGE OF OAK ]BROOK Village Board Transmittal Memorandum DATE: December 5, 2003 SUBJECT: Sales Tax Referendum Ordinance FROM: Kenneth T. Kubiesa, Village Attorney RECOMMENDATION: Approval of an Ordinance that would place a referendum on the ballot for the General Primary Election of March 16, 2004 to add one - quarter (1/4 %) percent Non -Home Rule Municipal Retailers' Occupation Tax in the Village of Oak Brook. Attached hereto you will find an Ordinance placing a referendum on the ballot for March 16, 2004 to increase the sales tax in the Village of Oak Brook by one - quarter (1/4 %) percent. Upon passage of the Ordinance, a certified copy thereof must be filed with the DuPage County Board of Elections and the Cook County Clerk on or before January 12, 2004 and the matter will then appear on the March 16, 2004 general election ballot. While the wording on the question appears lengthy it is a necessary statutory requirement in order to impose the tax on all goods and services sold within the Village of Oak Brook. H \Kathy \VOB \Ordinance \\sales tax memo sales tax memo doc 7 B. 3) ORDINANCE 2003 -SC -EXI -G -738 "AN ORDINANCE AMENDING ORD 03- SC- EXI -G- CHAPTERS 2 AND 3 OF TITLE 12 OF THE VILLAGE CODE OF 12 -G F CLB FEES THE VILLAGE OF OAK BROOK, ILLINOIS (GOLF CLUB AND BATH AND TENNIS)" Ordinance 2003 -SC -EXI -G -738 amends the fees and definitions of Chapters 2 and 3 for the Oak Brook Golf Club and the Oak Brook Bath and Tennis Club. The changes to the definitions and fees were recommended by the Village Manager and staff President Quinlan explained that only the Oak Brook Golf Club fees would be approved at this time. Motion by Trustee Yusuf, seconded by Trustee Konn, to pass Ordinance 2003 -SC -G -738, "An Ordinance Amending Chapter 2 of Title 12 of the Village Code of the Village of Oak Brook, Illinois (Golf Club)" which amends the fees and definitions of Chapters 2 for the Oak Brook Golf Club. ROLL CALL VOTE Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korn, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 4) RDINANCE 2003 -EL -REF -S -1059, "AN ORDINANCE CALLING FOR THE SUBMISSION OF A PUBLIC QUESTION TO THE VOTERS OF THE VILLAGE OF OAK BROOK, COOK AND DUPAGE COUNTIES, ILLINOIS AT THE MARCH 16, 2004 GENERAL PRIMARY ELECTION" Ordinance 2003 -EL -REF -S -1059, "An Ordinance Calling for the Submission of a Public Question to the Voters of the Village of Oak Brook, Cook and DuPage Counties, Illinois at the March 16, 2004 General Primary Election" places a referendum on the ballot for March 16, 2004 to increase the sales tax in the Village of Oak Brook by one - quarter (1/4 %) percent Upon passage of the Ordinance, a certified copy thereof must be filed with the DuPage County Board of Elections and the Cook County Clerk on or before January 12, 2004 and the matter will then appear on the March 16, 2004 General Primary election ballot. While the wording on the question appears lengthy it is a necessary statutory requirement in order to impose the tax on all goods and services sold within the Village of Oak Brook. Motion by Trustee Caleel, seconded by Trustee Yusuf, to pass Ordinance2003 -EL -REF -S -1059, "An Ordinance Calling for the Submission of a Public Question to the Voters of the Village of Oak VILLAGE OF OAK BROOK Minutes P-1 Page 4 of 9 December 9, 2003 ORD 03- EL- REF -S- 1059 - SUBMSN OF PUBL QUES 3 -16 -04 GNRL PRIM ELEC s 7 B 4) Brook, Cook and DuPage Counties, Illinois at the March 16, 2004 General Primary Election" which places a referendum on the ballot for March 16, 2004 to increase the sales tax in the Village of Oak Brook by one - quarter (1/4 %) percent ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays 0 - None. Absent- 0 - None. Motion carried. Trustee Caleel stated the importance of this proposal and asked that staff explain to the Village residents the importance of passage of this referendum. Trustee Korin noted that the sales tax increase would amount to $2 5 million if approved for the Village. Trustee Aktipis also requested that the voters be notified of the reasons why this is being done and the importance of its passage 5) RESOLUTIOON 2003 -AG -EXI -R -865, "A APPROVING AN INTERGOVERNMENTAL BETWEEN THE VILLAGE OF OAK BROOK A BROOK PARK DISTRICT FOR A HISTORICAL BUTLER SCHOOL" RESOLUTION RES 03-AG- EXI -R- 865 - APV AGREEMENT INGVNMNTL ND THE OAK AGREE OB PK DIST & VOB FOR HIST MUSEUM AT MUSEUM This matter was continued from the Board's November 25th meeting Resolution 2003 -AG -EXI -R -865, - "A Resolution Approving an Intergovernmental Agreement Between the Village of Oak Brook and the Oak Brook Park District for a Historical Museum at Butler School" represents what is believed to be the intent of the Village of Oak Brook and the Oak Brook Park District with regard to the use of a portion of the old Butler School Building as a historical museum. According to the terms contained in the proposed document, the Village will be obligated to maintain the exterior of the building and existing appurtenances, the Village will also be obligated to maintain existing mechanical systems Under the terms of the agreement, the Park District will be obligated to construct and/or maintain the interior space that would be utilized as a museum. In addition, the agreement calls for the formation of a committee that will act in an advisory capacity to recommend the conversion of space into a museum and the operation of the museum Motion by Trustee Caleel, seconded by Trustee Aktipis, to pass Resolution 2003 -AG -EXI -R , "A Resolution Approving an Intergovernmental Agreement Between the Village of Oak Brook and the Oak Brook Park District for a Historical Museum at Butler School " ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 5 of 9 December 9, 2003 ORDINANCE - 2003 -EL -REF -S -1059 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 MARCH 16, 2004 GENERAL PRIMARY 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 8-11-13 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 8-11-14 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 General Primary Election on March 16, 2004 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 That 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 General Primary Election to be held on March 16, 2004 Shall the Village of Oak Brook impose a Non -Home Rule YES Municipal Retailers' Occupation Tax, in the amount of `/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 impose a Non -Home Rule Municipal Service Occupation Tax, in the amount of 1 /4% of the selling price of all tangible NO 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 for expenditure on public infrastructure? Section 2 That 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 General Primary Election to be held on March 16, 2004 ( "the Election ") Ordinance 2003-EL-REF-S-1059 Sales Tax Referendum Page 2 Section 3 That the Village Clerk is hereby directed to certify this question to the election authorities in Du Page 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 impose a Non -Home Rule YES Municipal Retailers' Occupation Tax, in the amount of14 % 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 impose a Non -Home Rule Municipal Service Occupation Tax, in the amount of 1/4% of the selling price of all tangible personal property transferred by a serviceman, either in the form NO 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 for expenditure on public infrastructure? Section 5 That 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 General Primary Election to be held on Tuesday, the 16th day of March, 2004 Section 6 That 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 That this ordinance shall be in full force and effect from and after pass a and approval pursuant to law APPROVED THIS 9 th day of December, 2003 V ace President PASSED THIS 9 th day of December, 2003 Ayes Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf Nays None Absent None ATTES .vim t° �: ,•'I � "'i.s