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G-1162 - 03/26/2020 - HOTEL/MOTEL - Ordinances ITEM 5.C.3 BOARD OF TRUSTEES SPECIAL MEETING VILLAGE Of UPPER LEVEL CONFERENCE ROOM OAK B R , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Special Meeting Board of Trustees Meeting of March 26, 2020 SUBJECT: Hotel/Motel Tourism Relief FROM: Riccardo F. Ginex,Village Manager BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I MOVE TO APPROVE ORDINANCE 2020-FI- HM-TX-G-1162, AN ORDINANCE PERTAINING TO TITLE 5 CHAPTER 5 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES Background/History: With the outbreak of the COVID 19 pandemic several businesses within the Village have been impacted. Most importantly, are the Hotels located within the Village. The Chairman of the Hotel/Motel Committee asked if their could be some assistance provided to the hotels to assist with marketing our tourism so we can have our Hotels regain stability when this pandemic subsides. This ordinance would rebate the 3%tax which would have been collected to each of the Hotels or Motels for Hotel/Motel stays during the period from January 1, 2020 through May 31, 2020. Recommendation: That the Village Board approves the ordinance. '?G Page I THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-FIHM-TX-G-1162 AN ORDINANCE PERTAINING TO TITLE 5 CHAPTER 5 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 26th day of March, 2020 ORDINANCE NO. 2020-FIHM-TX-G-1162 AN ORDINANCE PERTAINING TO TITLE 5 CHAPTER 5 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village") is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature,which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its residents including the adoption and imposition of certain taxes; WHEREAS, the Village pursuant to 65 ILCS 5/8-3-4 has previously adopted a Hotel and Motel Tax which has been implemented for the purpose of promoting tourism and conventions or otherwise to attract nonresident overnight visitors to the Village of Oak Brook; WHEREAS, on January 31, 2020, the Secretary of HHS declared a public health emergency for the entire United States of America concerning COVID-19, on March 9, 2020, Governor Pritzker issued a disaster proclamation concerning the spread of COVID-19 in Illinois, on March 11, 2020, WHO declared that the spread of COVID-19 is a global pandemic, on March 13, 2020 President Trump declared a national emergency concerning the COVID-19 pandemic, on March 15, 2020 DuPage County Board Chairman Cronin issued a disaster proclamation concerning the spread of COVID-19 in DuPage County and on March 20, 2020 Governor Pritzker issued an order for all residents of Illinois to "shelter in place"; WHEREAS, the Village has adopted an Emergency Declaration pertaining to COVID-19 and is interested to the extent possible provide relief to businesses located within the corporate limits of the Village of Oak Brook; WHEREAS, businesses throughout the State of Illinois have been negatively impacted by the spread of COVID-19 and the related shelter in place order issued by Governor Pritzker; WHEREAS, the Corporate Authorities are of the opinion that without immediate financial assistance to the hotels and motels within the Village said establishments will suffer severe financial hardship and may be forced to permanently cease operations thus eliminating any possibility to attract nonresident overnight visitors; WHEREAS, the Corporate Authorities of the Village of Oak Brook desire to rebate certain funds collected as a result of the Hotel and Motel Tax to those respective hotels and motels for a designated period of time to assist those businesses in remaining open during this extraordinary time; and 2 WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that that it is in the best interests of the safety, health and welfare of the residents to rebate the Hotel and Motel Tax for the time period referenced herein. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Section One - Recitals The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section Two — Rebate of Hotel and Motel Tax a) The Corporate Authorities of the Village of Oak Brook hereby find that the expenditure defined herein as a "rebate" is necessary to assist in maintaining and promoting the attraction of tourism and the accommodation of nonresident overnight visitors to the Village of Oak Brook; b) The Village Oak Brook hereby authorizes a rebate of 1% from the 2% of the Village's beautification initiative in the Hotel and Tourism District to each Hotel and Motel in the amount of the Hotel and Motel tax paid by the respective hotels and motels and collected by the Village of Oak Brook for the time period referenced herein, payment of the rebate shall be made to each of the hotels and motels within 5 business days of the date said amount of the Hotel and Motel Tax is collected by the Village during the authorized time period set forth herein; and C) The authorized time period for the rebate shall be made to each of the hotels and/or motels for hotel/motel stays during the period from January 1, 2020 through March 31, 2020. d) The terms and conditions of this ordinance have been enacted as a result of the extraordinary circumstances resulting from the COVID-19 pandemic, the provisions of this ordinance shall automatically terminate upon the close of business on the last day of the authorized time period defined herein. Section Three— Effective Date That this ordinance become effective as of January 1, 2020 to the extent that any funds have been collected from the hotels and motels referenced herein. Section Four- Conflict Clause That all ordinances, parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section Five - Passage Clause That this ordinance shall take full force and effect from and after its passage, approval and publication as provided by law. 3 Section Six- Constitutionality Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code. Section Seven - Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Eight- Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. APPROVED THIS 26th day of March, 2020 ' Gopal G. Lalmalani Village President PASSED THIS 26th day of March, 2020 Ayes: Trustee Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: None Absent: None ATTEST: 6ti OF O4 Charlotte K. Pruss Village Clerk A O 4