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HomeMy WebLinkAboutRes 25-98 05/05/1998 /caf 4/29/98 RESOLUTION NO. 25-98 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 MOUNT PROSPECT WHEREAS, the Village of Mount Prospect is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, in addition to the Village's power as a home rule municipality, this Resolution is adopted pursuant to the provisions of 65 ILCS 5/8-11-2, 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 distributing, 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; and WHEREAS, the Act also provides that, upon the request of the corporate authorities of a municipality, the Illinois Commerce Commission (hereinafter referred to as "ICC") shall within 90 days after the 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 Ill. Adm. code 418.10 to 83 III. Adm. Code 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 of Mount Prospect 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 MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village of Mount Prospect requests that the ICC promulgate altemative maximum rates for its 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 TWO: The Mayor, the Village Attorney and such other officers and employees of the Utility Tax - ICC Page 2 of 2 Village and such agents and consultants as shall be authorized by the Mayor and/or the Village Attomey 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 Municipal Utility Tax on the use or consumption of electricity. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Corcoran, Wilks, Lohrstorfer, Nocchi NAYS: None ABSENT: Hoefert PASSED and APPROVED this 5th day of May ,1998. Gerald L. Farley Mayor ATTEST: Carol A. Fields Village Clerk