2002-050ORDINANCE NO. 2002 -5_
AN ORDINANCE ADDING CHAPTER 3.64 TO THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
IMPOSING A SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX
WHEREAS, the Village of Buffalo Grove ( "Village ") has the authority to adopt
ordinances and to promulgate rules and regulations that pertain to its government and
affairs and that protect the public health, safety, and welfare of its citizens; and
WHEREAS, the Village imposes certain taxes and fees related to
telecommunications services; and
WHEREAS, pursuant to 65 ILCS 5/8 -11 -17 the Village has enacted a
Telecommunications Tax Ordinance, which imposes a telecommunications tax at a rate
of 3% of gross charges; and
WHEREAS, pursuant to 35 ILCS 635/1 et SeMc . the Village has enacted the
Telecommunications Infrastructure Maintenance Fee Ordinance which imposes a
telecommunications infrastructure fee at a rate of 1% of gross charges; and
WHEREAS, on February 8, 2002, the Governor of the State of Illinois signed into
law Public Act 92 -0526, entitled the Simplified Municipal Telecommunications Tax Act,
providing that effective January 1, 2003, the municipal telecommunications tax and
municipal telecommunications infrastructure maintenance fee will be replaced with a
simplified municipal telecommunications tax at a rate of up to 6% of gross charges in
municipalities; and
WHEREAS, this Ordinance is intended to implement the provisions of Public Act
92 -0526, including the imposition of the simplified telecommunications tax in lieu of the
existing telecommunications tax and telecommunications infrastructure maintenance fee;
and
WHEREAS, the simplified telecommunications tax will have the benefit of easing
burdens on businesses by reducing the number of filings and payments required each
year; and
WHEREAS, this Ordinance is intended to impose the tax authorized by the Act
providing for a single municipal imposed telecommunications tax which will be collected
by the Illinois Department of Revenue;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Buffalo Grove, Cook and Lake Counties, Illinois as follows:
Section I. The facts and statements contained in the preamble to this Ordinance are found
to be true and correct and are hereby adopted as part of this Ordinance.
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1.
Section 2. Municipal Telecommunications Tax.
A. Title 3 of the Buffalo Grove Municipal Code is hereby amended by repealing
Chapter 3.48, entitled Municipal Telecommunications Tax imposed under 65 ILCS 5/8-
11-17, in its entirety, effective January 1, 2003, to be replaced by the tax imposed by this
Ordinance pursuant to the Simplified Municipal Telecommunications Tax Act.
B. If Public Act 92 -0526, entitled the Simplified Municipal Telecommunications
Tax Act, is repealed or becomes ineffective for any reason, or if proposed Chapter 3.64 is
repealed or becomes ineffective for any reason, then Chapter 3.48 shall be deemed in full
force and effect as of the date Public Act 92 -0526 or Chapter 3.64 is repealed or becomes
ineffective.
Section 3. Municipal Telecommunications Infrastructure Maintenance Fee
A. Title 3 of the Buffalo Grove Municipal Code is hereby amended by repealing
Chapter 3.56, entitled Municipal Telecommunications Infrastructure Maintenance Fee in
its entirety, effective January 1, 2003, to be replaced by this Ordinance pursuant to the
Simplified Municipal Telecommunications Tax Act.
B. If Public Act 92 -0526, entitled the Simplified Municipal Telecommunications
Tax Act, is repealed or becomes ineffective for any reason, or if proposed Chapter 3.64 is
repealed or becomes ineffective for any reason, then Chapter 3.56 shall be deemed in full
force and as of the date Public Act 92 -0526 or Chapter 3.64 is repealed or becomes
ineffective.
Section 4. Chapter 3.64 of the Buffalo Grove Municipal Code is hereby added to read as
follows:
CHAPTER 3.64
Simplified Municipal Telecommunications Tax
Section 3.64.010 Simplified municipal telecommunications tax imposed.
A. A simplified municipal telecommunications tax is hereby imposed upon the act
or privilege of originating in the municipality or receiving in the municipality intrastate
or interstate telecommunications by a person under the provisions of the Simplified
Municipal Telecommunications Tax Act, P.A. 92 -0526, at a rate of six percent (6 %) of
the gross charges for such telecommunications purchased at retail from a retailer.
B. The tax hereby imposed shall be collected and enforced by the Department of
Revenue of the State of Illinois. The Illinois Department of Revenue shall have full
power to administer and enforce the provisions of the Chapter.
0)
0 0
Section 3.64.020 Effective date
This Chapter shall take effect for all gross charges billed by telecommunications
retailers on and after the first day of January, 2003.
Section 5. If any provision of this Ordinance, or the application of any provision of this
Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect
other provisions of this Ordinance, or their application, that can be given effect without
the unconstitutional or invalid provision or its application. Each unconstitutional or
invalid provision, or application of such provision, is severable, unless otherwise
provided by this Ordinance.
Section 6. This Ordinance shall take effect on January 1, 2003 and upon its passage,
approval and publication in pamphlet form. Copies of this Ordinance shall be certified
and sent to the Illinois Department of Revenue prior to September 30, 2002.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAPES: 0 - None
ABSENT: 0 - None
PASSED: September 9 92002.
APPROVED: September 9 , 2002.
PUBLISHED: September 9 , 2002.
ATTEST:
Village Clerk
WGR: 08/11/02
Village President
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1
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on September 9, 2002, the
Corporate Authorities of the Village passed and
approved Ordinance No. 2002 -50 entitled:
AN ORDINANCE ADDING CHAPTER 3.64 TO
THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE IMPOSING A
SIMPLIFIED MUNICIPAL
TELECOMMUNICATIONS TAX
which provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2002 -50,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing September 9,
2002, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 10`h day of
September, 2002.
Villa ,/Clerk
By
� 1
ORDINANCE NO. 2002 -5o
AN ORDINANCE ADDING CHAPTER 3.64 TO THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
IMPOSING A SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX
WHEREAS, the Village of Buffalo Grove ( "Village ") has the authority to adopt
ordinances and to promulgate rules and regulations that pertain to its government and
affairs and that protect the public health, safety, and welfare of its citizens; and
WHEREAS, the Village imposes certain taxes and fees related to
telecommunications services; and
WHEREAS, pursuant to 65 ILCS 5/8 -11 -17 the Village has enacted a
Telecommunications Tax Ordinance, which imposes a telecommunications tax at a rate
of 3% of gross charges; and
WHEREAS, pursuant to 35 ILCS 635/1 et seq. the Village has enacted the
Telecommunications Infrastructure Maintenance Fee Ordinance which imposes a
telecommunications infrastructure fee at a rate of 1% of gross charges; and
WHEREAS, on February 8, 2002, the Governor of the State of Illinois signed into
law Public Act 92 -0526, entitled the Simplified Municipal Telecommunications Tax Act,
providing that effective January 1, 2003, the municipal telecommunications tax and
municipal telecommunications infrastructure maintenance fee will be replaced with a
simplified municipal telecommunications tax at a rate of up to 6% of gross charges in
municipalities; and
WHEREAS, this Ordinance is intended to implement the provisions of Public Act
92 -0526, including the imposition of the simplified telecommunications tax in lieu of the
existing telecommunications tax and telecommunications infrastructure maintenance fee;
and
WHEREAS, the simplified telecommunications tax will have the benefit of easing
burdens on businesses by reducing the number of filings and payments required each
year; and
WHEREAS, this Ordinance is intended to impose the tax authorized by the Act
providing for a single municipal imposed telecommunications tax which will be collected
by the Illinois Department of Revenue;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Buffalo Grove, Cook and Lake Counties, Illinois as follows:
Section 1. The facts and statements contained in the preamble to this Ordinance are found
to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. Municipal Telecommunications Tax.
A. Title 3 of the Buffalo Grove Municipal Code is hereby amended by repealing
Chapter 3.48, entitled Municipal Telecommunications Tax imposed under 65 ILCS 5/8-
11-17, in its entirety, effective January 1, 2003, to be replaced by the tax imposed by this
Ordinance pursuant to the Simplified Municipal Telecommunications Tax Act.
B. If Public Act 92 -0526, entitled the Simplified Municipal Telecommunications
Tax Act, is repealed or becomes ineffective for any reason, or if proposed Chapter 3.64 is
repealed or becomes ineffective for any reason, then Chapter 3.48 shall be deemed in full
force and effect as of the date Public Act 92 -0526 or Chapter 3.64 is repealed or becomes
ineffective.
Section 3. Municipal Telecommunications Infrastructure Maintenance Fee
A. Title 3 of the Buffalo Grove Municipal Code is hereby amended by repealing
Chapter 3.56, entitled Municipal Telecommunications Infrastructure Maintenance Fee in
its entirety, effective January 1, 2003, to be replaced by this Ordinance pursuant to the
Simplified Municipal Telecommunications Tax Act.
B. If Public Act 92 -0526, entitled the Simplified Municipal Telecommunications
Tax Act, is repealed or becomes ineffective for any reason, or if proposed Chapter 3.64 is
repealed or becomes ineffective for any reason, then Chapter 3.56 shall be deemed in full
force and as of the date Public Act 92 -0526 or Chapter 3.64 is repealed or becomes
ineffective.
Section 4. Chapter 3.64 of the Buffalo Grove Municipal Code is hereby added to read as
follows:
CHAPTER 3.64
Simplified Municipal Telecommunications Tag
Section 3.64.010 Simplified municipal telecommunications tag imposed.
A. A simplified municipal telecommunications tax is hereby imposed upon the act
or privilege of originating in the municipality or receiving in the municipality intrastate
or interstate telecommunications by a person under the provisions of the Simplified
Municipal Telecommunications Tax Act, P.A. 92 -0526, at a rate of six percent (6'0/o) of
the gross charges for such telecommunications purchased at retail from a retailer.
B. The tax hereby imposed shall be collected and enforced by the Department of
Revenue of the State of Illinois. The Illinois Department of Revenue shall have full
power to administer and enforce the provisions of the Chapter.
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Section 3.64.020 Effective date
This Chapter shall take effect for all gross charges billed by telecommunications
retailers on and after the first day of January, 2003.
Section 5. If any provision of this Ordinance, or the application of any provision of this
Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect
other provisions of this Ordinance, or their application, that can be given effect without
the unconstitutional or invalid provision or its application. Each unconstitutional or
invalid provision, or application of such provision, is severable, unless otherwise
provided by this Ordinance.
Section 6. This Ordinance shall take effect on January 1, 2003 and upon its passage,
approval and publication in pamphlet form. Copies of this Ordinance shall be certified
and sent to the Illinois Department of Revenue prior to September 30, 2002.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: September 9 92002.
APPROVED: September 9 , 2002.
PUBLISHED: September 9 , 2002.
ATTEST:
Village Clerk
WGR: 08/11/02
Village President
3