HomeMy WebLinkAboutRESOLUTION - 35-21 - 6/30/2021 - Nicor First Amendment of the Municipal Gas Use TaxRESOLUTION NO.35-21
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A FIRST AMENDMENT OF THE MUNICIPAL GAS TAX USE
COLLECTION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND NORTHERN ILLINOIS GAS COMPANY (NICOR)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows;
Section 1: That the Mayor be and is hereby authorized to sign the attached document
marked:
FIRST AMENDMENT TO THE MUNICIPAL GAS USE TAX
COLLECTION AGREEMENT
BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE, IL
AND
NORTHERN ILLINOIS GAS COMPANY,
D/B/A NICOR GAS COMPANY
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said document upon the signature of the Mayor.
Section 2: That any Resolution or Ordinance in conflict with the provisions of this
Resolution are hereby repealed.
Section 3: That this Resolution 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 30" day of June 2021.
APPROVED this 30th day of June 2021.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
FIRST AMENDMENT
MUNICIPAL GAS USE TAX COLLECTION AGREEMENT
This First Amendment (this "Amendment"), amending the Municipal Gas Use Tax Collection
Agreement entered into to be effective as of June 1, 2017 by and between the Village of Elk Grove
Village, Illinois (the "Municipality"), a municipal corporation and home rule unit of local
government existing under the Illinois Constitution, and Northern Illinois Gas Company, d/b/a
Nicor Gas Company (the "Contractor"), an Illinois corporation (the "Agreement"), is entered into
to be effective as of July 1, 2021, by and between the Municipality and the Contractor.
RECITALS
WHEREAS, on December 16, 2003, the Municipality adopted Ordinance No. 2965,
which was subsequently amended by Ordinance No. 3493, adopted by the Municipality on April
25, 2017 (together, the "Initial Tax Ordinance"), which set forth an initial rate of two cents ($0.02)
per therm with respect to all bills issued on or after June 1, 2017;
WHEREAS, on June 15, 2021, the Municipality adopted Ordinance 3710 (the "Amended
Tax Ordinance"), which increased the rate to five cents ($0.050) per therm with respect to all bills
issued on or after July 1, 2021; and
WHEREAS, the Municipality and the Contractor now wish to amend the Agreement to
reflect the amendments made under the Amended Tax Ordinance.
NOW, THEREFORE:
1. Section 3.2(A) is revised to read in its entirety as follows:
The Contractor will bill the Tax to each Customer on the Customer Account List
by including the Tax on the bills issued to the Customer for the Customer Account.
The Tax will be billed at the following rates per therm of gas delivered and billed
by the Contractor to such Customer Account: (1) two cents ($0.02) per therm with
respect to all bills issued on or after June 1, 2017 through and including June 30,
2021, and (2) five cents ($0.05) per therm with respect to all bills issued on or after
July 1, 2021; provided, however, that any amounts due or payable for any tax
periods ending prior to July 1, 2021 are nevertheless to remain payable as if this
increased rate had not been imposed. The Contractor will collect the Tax remitted
along with any other amounts owed to the Contractor, including any gas and service
charges, and any charges pursuant to Sections 9-221 and 9-222 of the Public
Utilities Act.
The Contractor will include the Tax on any bill issued to a Customer on the
Customer Account List on or after June 1, 2017.
2. That any Resolution or Ordinance in conflict with the provisions of this
Agreement are hereby repealed.
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IN WITNESS WHEREOF, the Municipality and the Contractor have executed this
Amendment to be effective as of the date first set forth above.
VILLAGE OF ELK GROVE VILLAGE
By:_
Its:
Date:
NORTHERN ILLINOIS GAS COMPANY, d/b/a/
NICOR GAS COMPANY
By:
Its:
Date:
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