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
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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