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HomeMy WebLinkAbout5. OLD BUSINESS 7/15/03 illage of Mount prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PURPOSE: VILLAGE MANAGER MICHAEL JANONIS DEPUTY DIRECTOR OF FINANCE JUNE 24, 2OO3 The Village's Deficit Reduction Plan To present the ordinances needed to implement the Village's deficit reduction plan. BACKGROUND: Since the beginning of 2003 the Village Board held a Series of four workshops and three public meetings to discuss solutions to the Village's projected General Fund deficit. DISCUSSION: The Village's five-year forecast indicated that revenues in the General Fund will not be sufficient to continue the level of services provided to the residents of Mount Prospect. After much discussion and public input, the Village Board approved a plan that includes a reduction in General Fund spending of approximately $500,000 as well as a continuation of the revenues adopted several years ago to pay for the street improvement project. The ordinances will eliminate the sunset provision on the food and beverage tax, the telecommunication and utility tax, the local gasoline tax and the vehicle sticker surcharge and use these revenues to eliminate the deficit. The plan also includes a provision to increase the home rule sales tax by an additional one-quarter cent and increase the telecommunications tax by 1.75%. These taxes will begin on January 1, 2004. RECOMMENDATION: It is recommended that the Village Board approve the ordinances presented. CAROL L. WIDMER H:~ACC'~Ordinances%ong Range Plan 2003,doc ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1102, entitled "Imposition of Tax", of Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety the current Section 8.1102 and inserting in lieu thereof a new Section 8.1102 "Tax Imposed" to be and read as follows: Section 8.1102: IMPOSITION OF TAX: 1/1/95 through 12/31/03 0.50% of gross receipts of tangible personal property 1/1/04 and thereafter 0.75% of gross receipts of tangible personal property SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __dayof ,2003. ATTEST: Velma W. Lowe, Village Clerk Ig~MYDOC~Amend sales tax ordinance.doc Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1202, entitled "Imposition of Tax", of Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety the current Section 8.1202 and inserting in lieu thereof a new Section 8.1202 "Tax Imposed" to be and read as follows: Section 8.1202: IMPOSITION OF TAX: 1/1/95 through 12/31/03 1/1/04 and thereafter 0.50% of gross receipts of sales of service 0.75% of gross receipts of sales of service SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Ig,MYDOCXAmend sales tax ordinance-serviceoccupat/ontax.doc Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.1502 in its entirety and a new Section 8.1502 is inserted to be and read as follows: Section 8.1502: TAX IMPOSED: Rate: 4.25% of gross charge (effective 2/4/03 through 12/31/03) Rate: 6.00% of gross charge (effective 1/1/04) SECTION 2: That this Ordinance shall be in full force and effect from and after /ts passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of ., 2003. ATTEST: Velma W. Lowe, Village Clerk l:WiYDOCkAmend telecommunication tax ordinance.doc Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 AND APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1601 of Chapter 8, Article XVI of the Village Code of Mount Prospect shall be amended to delete Section 8.1601 in its entirety and a new Section 8.1601 is inserted to be and read as follows: 8.1601: GROSS RECEIPTS TAX IMPOSED: A tax authorized by statute~, in addition to any and all other taxes, is hereby imposed upon any and all of the following acts or privileges: A. The business of distributing, supplying, furnishing or selling gas for residential use or consumption within the corporate limits of' the Village and not for resale, at a rate set forth in Appendix A, Division II of this Code, on the amount of gross receipts; B. The business of distributing, supplying, furnishing or selling electricity for nonresidential use or consumption with the corporate limits of' the village, and not for resale, at a rate set forth in Appendix A, Division II of this Code, on the amount of gross receipts. ~ 65 ILCS 5/8-11-2. SECTION 2: Sub-subsection 3 of`Subsection A, entitled "Tax Imposed," of` Section 8.1601.1, entitled "Consumption Tax", of` Chapter 8, Article XVI of` the Village Code of Mount Prospect, is hereby deleted in its entirety. SECTION 3: Appendix A, Division II of'the Village Code of'the Village of' Mount Prospect shall be amended to delete Section 8.1601 in its entirety and a new Section 8.1601 is inserted to be and read as follows: Section 8.1601: TAX IMPOSED: Rate: 3.204% of gross charge (effective 2/4/03) SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Gerald L. Farley, Village President I:\MYDOC~Amend utility tax ordinance.doc ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II AND CHAPTER 8 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.902, entitled "Imposition of Tax", of Chapter 8, Article IX of the Village Code of Mount Prospect shall be amended to delete Section 8.902 in its entirety and a new Section 8.902 shall be inserted to be and read as follows: 8.902: IMPOSITION OF TAX: A tax, in addition to any and all other taxes, is hereby imposed upon the purchase of prepared foods and alcoholic liquor at retail at any prepared food facility or alcoholic liquor facility within the Village, at the rate set forth in Appendix A, Division II of this Code. The ultimate incidence of and liability for payment shall be borne by the purchaser. SECTION 2: Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.902 in its entirety and a new Section 8.902 is inserted to be and read as follows: Section 8.902: IMPOSITION OF TAX: Rate: 1% of purchase price of food and beverages SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of .,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk C:\Documents and Setfings~BHill,DOMAINhMy Documents~amendfood and beverage tax ordinance,doc ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete a certain portion of Section 17.103 beginning with the phrase "Effective February 1, 2007:" and through the end of the section. SECTION 2: That Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 17.105 in its entirety and a new Section 17.105 is inserted to be read as follows: Section 17.105: DEALERS' LICENSES: A. Annual Fee: $36.00. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of .,2003. ATTEST: Velma W. Lowe, Village Clerk I:\MYDOC~amend motor fuel tax ordinance Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Section 8.1807 of Chapter 8, Article XVIII of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.1807 in its entirety. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the mariner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of ,2003. ATTEST: Velma W. Lowe, Village Clerk I:\MYDOC~amend motor fuel tax ordinance Gerald L. Farley, Village President Patrick A, Lucansky E, Kenneth Friker Gerard E. Dempsey Terrence M. Bamicle Bruce A. Zolna James P. Bartley Michael J. Duggan Thomas P. Bayer Derails G. Walsh Scott F. Uhler Everette M. Hill, Jn Janet N. Petsche James V. Ferolo Michael T. Jurusik Thomas M. Melody TO: LA W OFFICES KLEIN, THORPE AND JENKINS, LTD. Suite 1660 20 North Wacker Drive Chicago, Illinois 60606-2903 Telephone (312) 984-6400 Facsimile (312) 984-6444 (312) 606~7077 Orland Park Office 15010 S, Ravinia Avenue, Suite I7 Orland Park, IL 60462-3162 Telephone (708) 349-3888 Facsimile (708) 349-1506 Rh~da Y. Allison Lance C. Malina Katl~leen T. Henn Jolm R, Wiktor George A. Wagner James G. Wargo Suzanne M. Fitch Michael A. Marts Shaw~ P. Lee Of Com~sel Richard T. Wimmer Writer's Direct Dial (312) 984-6420 MEMORANDUM Michael E. Janonis, Village Manager Village of Mount Prospect Writer's E-Mail emhill(a~ktinet.com FROM: Everette M. Hill, Jr. DATE: June 19, 2003 RE: Housekeeping Ordinances Attached please find three ordinances amending our Village Code. These are items that have been brought to my attention by staff members who were seeking clarification with respect to the issues addressed by these ordinances. A brief explanation of each ordinance follows: 1. Failure to Obtain License. Each year, the Finance Department spends an inordinate amount of time trying to get recalcitrant businesses to pay their business license fees. Under current ordinances, we must hold a formal hearing in order to cause a noncompliant business to close. Since whether or ' not a business has paid for and obtained a license does not lend itself to factual dispute, I see no reason to require a formal hearing. It is our hope that a posted Notice of Closing will immediately bring the business owner in to purchase the license. 2. Joint and Several Liability of Landlord and Tenant. Finance has had trouble from time to time with respect to collecting fees when a tenant moves away leaving debts to the Village. The landlord is typically unresponsive, even though the landlord had the benefit of rental payments from the tenant. This ordinance assures that both landlord and tenant are liable. It would apply primarily to water and garbage collection fees. 3. DUI Ordinance. A couple of years ago, the state lowered the presumption of intoxication threshold for DUI purposes from .10 to .08. We no longer write DUI under local ordinances, so we did not immediately make this change in our Code. This ordinance accomplishes that. If you have any questions or comments, pleaSe contact me. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: A new Section 11.3414, entitled "Failure to Obtain License, Summary Closing" to Chapter 11 of the Village Code of Mount Prospect shall be added which shall be and read as follows: Sec. 11.3414. Failure to Obtain License, Summary Closing. If a business is required to be licensed by Village regulations and is open during a period for which such a license has not been obtained, the Village Manager may order the immediate closing of that business. The posting of a Notice of Closing on the main entrance to the business shall be sufficient notice to the business owner to cause such immediate closing. Any person or business remaining open in violation of such Notice of Closing or removing a Notice of Closing, as posted, shall be fined as set forth in Division III of Appendix A. The Owner of the business shall be conclusively liable for removal of the Notice of Closing if such notice is removed and the Mount Prospect Police Department is not immediately notified of such removal. SECTION 2: Appendix A, Division III of the Village Code of the Village of Mount Prospect shall be amended to include Section 11.3414 under Chapter 11 placed numerically as follows: Section 11.3414, FAILURE TO OBTAIN LICENSE, SUMMARY CLOSING. Fine: $500.00 per day Fine: $1,000.00 for removal of Notice of Closing SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __. day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, ViLlage Clerk C:\MyFi~es\Mp\ORDS\Sec 11.3414Failu reto0 brain LicenseOrd.wl:~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 25 entitled "The Village Code" of the Village Code of the Village of Mount Prospect shall be amended by adding a new paragraph D to Section 25.104 entitled "Joint and Several Liability of Landlord and Tenant" which new paragraph D shall be and read as follows: D. Joint and Several Liability of Landlord and Tenant. If the Village Code establishes any fee, fine, penalty, bond or insurance requirement with respect to any person on account of that person's use or occupancy of land or other premises; then any occupant, owner, landlord or tenant shall be jointly and severally liable for such fee, fine, penalty, bond or insurance requirement. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this ~ day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Gerald L. Farley, Village President