HomeMy WebLinkAboutRESOLUTIONS-1998-029-R-984/30/98
• 29-R-98
A Resolution
Requesting the Illinois Commerce Commission to
Promulgate Alternative Maximum Municipal Utility Tag Rates
For the Use and Consumption of Electricity
in the City of Evanston, Illinois
WHEREAS, the City of Evanston (the "City") is a home -rule municipality in accordance
with the Constitution of the State of Illinois of 1970; and
WHEREAS, in addition to the City's power as a home -rule municipality, this Resolution is
adopted pursuant to the provisions of Section 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8-11-
2), 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, fiunishing or
selling electricity, with rates based on the gross receipts of such persons from that business
originating within the corporate limits of the City, 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 City; and
WHEREAS, the Act establishes a series of maximum tax rates at which the City 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
40
request, promulgate alternate maximum tax rates for the City; and
_-R 98
WHEREAS, the ICC, on April 10,1998, promulgated Emergency Rules (the "ICC RULES'), •
83 Ill. Adm. Code 418.10 to 83 Ill. 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
rates promulgated by the ICC; and
WHEREAS, the City has determined that it is necessary and in the best interests of the City
to request that the ICC promulgate such alternative maximum tax rates,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City 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: That the City Manager, or his designee, is hereby authorized and 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 City's Municipal Utility
Tax on the use or consumption of electricity.
SECTION 3: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
6.
1 Mayor
ATTEST:
City Clerk
Adopted: ,1998 •