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RESOLUTION NO. 1197
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 PLAINFIELD.
WHEREAS, the Village of Plainfield is a municipality in accordance with the Constitution of the State of
Illinois of 1970; and
WHEREAS, this Resolution is adopted pursuant to the provisions of Section 8-11-2 of the Illinois Municipal
Code (65ILCS S/8-11-1) as amended by Public Act 90-561 (the "Act"); 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 `ICC") shall within 90 days after receipt of such request, promulgate alternate maximum
tax rates for the Village; and
WHEREAS, the ICC, on Apri110, 1998, promulgated Emergency Rules (the "ICC Rules"), 83 Ill. Adrn. Code
418.10 to 83 Ill. Adm. Cade 41$.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 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.
THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Plainfield as
follows:
Section 1. The Village requests that the ICC promulgate alternative 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 2. The Mayor, the Village Attorney and such other ofi'icers and employees of the Village and such
agents and consultants as shall be authorized by the Mayor and/or the Village Attorney 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 3
PASSED,this 4
.. . ` ~ APPROVED this . '~: day of May, 1998
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This Resolution shall be effective immediately upon its passage.
day of May, 1998. ~ .(~
VILLAGE PRESIDENT/~
VILLAGE CLE
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