HomeMy WebLinkAboutRESOLUTION - 30-98 - 7/14/1998 - PROMULGATE ALTER. MUN. UTILITY TAX RATESRESOLUTION NO. 30-98
A RESOLUTION REQUESTING THE ILLINOIS COMMERCE COMMISSION TO
PROMULGATE ALTERNATIVE MAXIMUM MUNICIPAL UTILITY TAX RATES
FOR THE USE AND CONSUMPTION OF ELECTRICITY IN THE VILLAGE OF
ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village is a home -rule municipality in accordance
with the Constitution of the State of Illinois of 1970; and
WHEREAS, this Resolution is adopted pursuant to the provision of Section 8-11-2 of the
Illinois Municipal Code, as amended by Public Act 90-561; and
WHEREAS, the Act amends the Illinois Municipal Code to replace the existing
municipal utility tax imposed on persons engaged in the business of distribution, supplying,
furnishing or selling electricity, with rates based on the gross receipts of such persons from that
business originating within the corporate limits of the Village, with a municipal utility tax
imposed on the privilege of using or consuming electricity, with rates calculated based on the
kilowatt-hours of electricity used or consumed within the corporate limits of the Village; and
WHEREAS, the Act establishes a series of maximum tax rates at which the Village may
impose any municipal utility tax based on the kilowatt-hours of electricity used or consumed;
WHEREAS, the Act also provides that, upon request of the corporate authorities of a
municipality, the Illinois Commerce Commission (ICC) shall within 90 days after receipt of such
request, promulgate alternate maximum tax rates for the Village; and
WHEREAS, the ICC, on April 10, 1998, promulgated Emergency Rules (the ICC
Rules), 83 Illinois Administrative Code 418.10 to 418.210, setting forth the documentation and
information which a municipality must file with the ICC in order to have such alternative
maximum alternative rates promulgated by the ICC; and
WHEREAS, the Village does not have an electrical utility tax in place currently, but has
determined that it is necessary and in the best interests of the Village to request that the ICC
promulgate such alternative maximum tax rates.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Elk Grove Village as follows:
Section 1: The Village requests that the ICC promulgate alternative maximum rates for
a hypothetical Municipal Utility Tax, pursuant to the provisions of the Act and to the ICC Rules,
within 90 days after the receipt by the ICC of this request.
Section 2: The President, the Village Attorney and such other officers and employees
of the Village and such agents and consultants as shall be authorized by the President and/or the
Village Attorney are directed to file with the ICC a copy of this Resolution and such other
documentation as shall be required by the ICC in connection with the promulgation of alternative
maximum rates for the Village's hypothetical Municipal Utility Tax on the use or consumption
of electricity.
Section 3: That this resolution shall be effective immediately upon its passage.
VOTE AYES: 4 NAYS: 0 ABSENT: 2
PASSED this 14th day of July
MIT -1
APPROVED this 14th day of July 1998.
Craig B. Johnson
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK utiltax.doc
By: Ann I. Walsh
Deputy Village Clerk