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HomeMy WebLinkAboutOrd 4948 07/14/1998 ORDINANCE NO. 4948 AN ORDINANCE AMENDING THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 14th dayof July, 1998 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 15th day of July ,1998. ORDINANCE NO. 4948 AN ORDINANCE AMENDING THE VILLAGE CODE OF MOUNT PROSPECT NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION i: That Section 8.1601 entitled "Tax Imposed" shall be deleted in its entirety and a new Section 8.1601 entitled "Gross Receipts Tax Imposed" shall be and read as follows: Sec. 8.1601. Gross Receipts Tax Imposed. A. Effective for all bills issued on or after October 1, 1997, through and including September 30, 2004, a tax as authorized by Illinois Compiled Statutes (651LCS 5/8-11-2) at the rate specified is established and levied by the Village on: (1) the business of distributing, supplying, furnishing or selling gas for use or consumption within the corporate limits of the Village and not for resale, at a rate of three and two hundred four thousandths percent (3.204%) of the amount of gross receipts; (2) the business of distributing, supplying, furnishing or selling electricity for non-residential use or consumption within the corporate limits of the Village, and not for resale, at a rate of three and two hundred four thousandths percent (3.204%) of the amount of gross receipts. The term for which this gross receipts tax remains in effect shall be subject to Section 8.1601.1A(3)a. B. Effective for all bill issued on or after October 1, 2004, through and continuing until further order of the Board of Trustees, a tax as authorized by Illinois Compiled Statutes (65 ILCS 5/8-11-2) at the rate specified is established and levied by the Village on the business of distributing, supplying, furnishing or selling gas for use or consumption within the corporate limits of the Village and not for resale, at a rate of one and nine hundred forty two thousandths percent (1.942%) of the amount of gross receipts therefrom. SECTION 2: A new Section 8.1601.1 entitled ~Consumption Tax' shall be added and shall be and read as follows: Sec. 8.1601.1 Consumption Tax. A. Tax Imposed. 1. Pursuant to Section 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8-11- 12) and any and all other applicable authority, a tax is imposed upon the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the Village at the following rates, calculated on a monthly basis for each purchaser: (a) For the first 2,000 kilowatt-hours used or consumed in a month; 0.351 cents per kilowatt-hour; (b) For the next 48,000 kilowatt-hours used or consumed in a month; 0.236 cents per kilowatt-hour; (c) For the next 50,000 kilowatt-hours used or consumed in a month; 0.212 cents per kilowatt-hour; (d) For the next 400,000 kilowatt-hours used or consumed in a month; 0.185 cents per kilowatt-hour; (e) For the first 500,000 kilowatt-hours used or consumed in a month; 0.184 cents per kilowatt-hour; (f) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.132 cents per kilowatt-hour; (g) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.120 cents per kilowatt-hour; (h) For the next 5,000,000 kilowatt-hours used or consumed in a month; 0.105 cents per kilowatt-hour; (i) For the next 10,000,000 kilowatt-hours used or consumed in a month; 0.095 cents per kilowatt-hour; (j) For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month; 0.080 cents per kilowatt-hour. 2. The tax is in addition to all taxes, fees and other revenue measures imposed by the Village, the State of Illinois or any other political subdivision of the State. 3. The tax shall be imposed with respect to the use or consumption of electricity as follows: (a) by residential customers beginning with the first bill issued on or after September 1, 1998, and shall be in effect until September 30, 2004; (b) by non-residential customers beginning with the first bill issued to such customers for delivery of services in accordance with Section 16-104 of the Public Utilities Act (220 ILCS 5/16-104) or the first bill issued to such customers on or after January 1, 2001, whichever issuance occurs sooner, and shall be in effect until September 30, 2004. B. Collection of Tax. 1. Subject to the provisions of Subparagraph D regarding the delivery of electricity to resellers, the tax imposed under this Article XVI shall be collected from purchasers by the person maintaining a place of business in the State who delivers electricity to such purchasers. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and is recoverable at the same time and in the same manner as the original charge for delivering the electricity. 2. Any tax required to be collected by this Article XVl, and any tax in fact collected, shall constitute a debt owed to the Village by the person delivering the electricity, provided, that the person delivering electricity shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. 3. Persons delivering electricity shall collect the tax from the purchaser by adding such tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to such gross charge an amount equal to (3%) of the tax they collect to reimburse them for their expenses incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the Village upon request. For purposes of this Article XVI, any partial payment of a billed amount not specifically identified by the purchaser shall be deemed to be for the delivery of electricity. C. Tax Remittance and Return. 1. Every tax collector shall on a monthly basis, file a return in a fOrm 3 prescribed by the Village. The return and accompanying remittance shall be due on or before the last day of the month following the month during which the tax is collected or is required to be collected. 2, If the person delivering electricity fails to collect the tax from the purchaser or is excused from collecting the tax under this Article XV!, then the purchaser shall file a return in a form prescribed by the Village and pay the tax directly to the Village on or before the last day of the month following the month during which the electricity is used or consumed. D. Resales. 1. Electricity that is delivered to a person in this Village shall be considered to be for use and consumption by that person unless the person receiving the electricity has an active resale number issued by the Village and furnishes that number to the person who delivers the electricity, and certifies to that person that the sale is either entirely or partially nontaxable as a sale for resale. 2. If a person who receives electricity in the Village claims to be an authorized reseller of electricity, that person shall apply to the Village for a resale number. The applicant shall state facts showing why it is not liable for the tax imposed by this chapter on any purchases of electricity and shall furnish such additional information as the Village may reasonably require. 3. Upon approval of the application, the Village shall assign a resale number to the applicant and shall certify the number to the applicant. 4. The Village may cancel the resale number of any person if the person fails to pay any tax payable under this Article XVI for electricity used or consumed by the person, or if the number (1) was obtained through misrepresentation, or (2) is no longer necessary because the person has discontinued making resales. 5. (1) If a reseller has acquired electricity partly for use or consumption and partly for resale, the reseller shall pay the tax imposed by this Article XVI directly to the Village pursuant to subsection 2 on the amount of electricity that the reseller uses or consumes, and shall collect the tax pursuant to Section 8.1601 and remit the tax pursuant to Section 8.1605 on the amount of electricity delivered by the reseller to a purchaser. (2) Any person who delivers electricity to a reseller having an active resale number and complying with all other conditions of this section shall be excused from collecting and remitting the tax on any portion of the electricity delivered to the reseller, provided that the person reports to the Village the total amount of electricity delivered to the reseller, and such other information that the Village may reasonably 4 require. E. Books and Records. Every tax collector, and every taxpayer required to pay the tax imposed by this Section 8.1601.1, shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this Article XVI. The books and records shall be subject to and available for inspection at all times during business hours of the day. SECTION 3: That there shall be added to Section 8.1604 entitled "Definitions" the following new definitions, to be added in alphabetical order, and shall be and read as follows: PERSON MAINTAINING A means any person having or maintaining within PLACE OF BUSINESS this State, directly or by a subsidiary or other affiliate, an office, generation, facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this State under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this State. PURCHASE ATRETAIL means any acquisition of electricity by a purchaser for purposes of use or consumption, and not for resale, but shall not include the use of electricity by a public utility, as defined in Section 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8-11-2), directly in the generation, production, transmission, delivery or sale of electricity. PURCHASER means any person who uses or consumes, within the corporate limits of the Village, electricity acquired in a purchase at retail, [other than an Exempt Purchaser]. TAX COLLECTOR means the person delivering electricity to the purchaser. SECTION 4: That Section 8.1605 entitled "Payment" shall be amended by replacing the word "taxpayer', with "tax collector" throughout the entire Section. SECTION 5: That Section 8.1606 entitled "Payment by Mistake" shall be amended by replacing the word "taxpayer" with "tax collector" throughout the entire Section. SECTION 8: Nothing in this Ordinance shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this Ordinance. S_ECTION ?: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions hereof. SECTION 8: This Ordinance supersedes all Ordinances or parts thereof adopted prior hereto which are in conflict herewith, to the extent of such conflict. SECTION 9: This Ordinance shall take effect on the first day of the month next following its passage. PASSED this 14th day of Jul y A.D. 19 98 AYES: Clowes, Corcoran, Hbefert, Lohrstorfer, Nocchi, Wilks NAYS: None ABSENT: None 6 APPROV F r' ~~/ ATTEST: / Ye]gna W. Lowe, Acting Village Clerk