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HomeMy WebLinkAboutORDINANCE - 2960 - 10/28/2003 - TELECOMMUNICATION TAX/INCREASEORDINANCE NO. 2960 AN ORDINANCE AMENDING TITLE 3. CHAPTER 2, SECTION 3-2-8, SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX, OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE, BY INCREASING THE SIMPLIFIED TELECOMMUNICATIONS TAX BY 1.00% FOR A TOTAL SIMPLIFIED TELECOMMUNICATION TAX RATE OF 5.00% WHEREAS, the Village of Elk Grove Village is a home rule municipality, as defined and set forth in the Constitution of the State of Illinois, and by the provisions thereof is empowered to enact such legislation pertaining to its local government affairs as is deemed necessary in the best interest of the Village including the power to tax; and WHEREAS, this Ordinance is being adopted pursuant to said authority and by the Village as a home rule municipality. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage as follows: Section 1: That Chapter 2, Section 3-2-813-1, Imposition of Tax, of the Village Code of the Village of Elk Grove Village, as it pertains to telecommunications tax rates, be amended to read as follows: a. The act or privilege of originating in the municipality or receiving in the municipality intrastate telecommunications by a person at a rate of five percent (5%) of the gross charge for such telecommunications purchased at retail from a retailer. b. The act or privilege of originating in the municipality or receiving in the municipality interstate telecommunications by a person at a rate of five percent (5%) of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multistate taxation of the act or privilege that is subject to taxation under this subsection, any taxpayer, upon proof that the taxpayer has paid a tax in another state on such event, shall be allowed a credit against any tax enacted pursuant to or authorized by this section to the extent of the amount of such tax properly due and paid in such other state which was not previously allowed as a credit against any other state or local tax in this state. Section 2: That Chapter 2, Section 3-2-813-2, Earmarked Revenues, of the Village Code of the Village of Elk Grove Village, be amended to read as follows: a. Three (3) of the five percent (5%) in revenues resulting from the imposition of this section shall be earmarked for the purposes of revitalizing the village's commercial and industrial areas. Under no circumstance shall this portion of the simplified municipal telecommunications tax revenue be utilized for other projects other than those established and recommended by the industrial/commercial revitalization commission. c. The remaining two of the five percent (5%) in revenues resulting from the imposition of this section shall be recorded in the general fund. Section 3: The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue which shall have full power to administer and enforce the provisions of this ordinance. Section 4: The Village Clerk is hereby directed to file a certified copy of this ordinance with the Illinois Department of Revenue before the twentieth day of March 2004. Section 5: This ordinance shall take effect on the first day of July 2004 next following the adoption and filing of this ordinance with the Department of Revenue. Section 6: That this ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 28`h day of October 2003. APPROVED this 28th day of October 2003. APPROVED: Craig B. Johnson, Mayor ATTEST: Ann I. Walsh Village Clerk PUBLISHED this 315` day of October 2003 in pamphlet form. Ordinance HR Telecomm Tax bier