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Resolution 1999-26 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION 99--A RESOLUTION AUTHORIZING A REQUEST BY THE UNITED CITY OF YORKVILLE TO THE ILLINOIS COMMISSION TO PROMULGATE ALTERNATIVE MUNICIPAL ELECTRIC TAX RATES WHEREAS, the UNITED CITY OF YORKVILLE adopted an Ordinance designated Ordinance No. 98-31, entitled"An Ordinance Repealing a Portion of Ordinance No. 67-29 and Imposing a Municipal electrical Utility Tax of the United City of Yorkville"by a 7-0 vote; and WHEREAS, that said Ordinance was adopted pursuant to 83 Illinois Administrative Code Section 418.110; and WHEREAS, that a copy of said Ordinance has been served upon all utilities providing service within the boundaries of the UNITED CITY OF YORKVILLE; and WHEREAS, a requirement of 83 Illinois Administrative Code 418.110, is that a written request be made to the Illinois Commerce Commission for purpose of requesting the authority from the Illinois Commerce Commission to promulgate alternative Municipal Electric Tax Rates; and WHEREAS, the UNITED CITY OF YORKVILLE believes the Ordinance adopted by its City Council and duly in effect complies with all requirements for the imposition of alternative Municipal Eclectic Tax Rates: NOW THEREFORE, upon Motion duly made, seconded, and approved by a majority of those Alderman voting, the Mayor and City Clerk are hereby authorize to execute a written request to the Illinois Commerce Commission to adopt alternative Municipal Eclectic Tax Rates. PASSED and approved this d� day of_ 1999. AYES NAYS BURTON CALLMER RICHARD STICKA VALERIE BURD __x LARRY KOT _x DAVE DOCKSTADER MIKE ANDERSON ROSE SPEARS THOMAS SOWINSKI yq AdqV0�0".�—1 Mayor ATTEST: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 Clerk STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION UNITED CITY OF YORKVILLE Request for promulgation of municipal electric tax rates under Section 8-11-2 of the Illinois Municipal code. REQUEST Pursuant to Section 8-11-2 of the Illinois Municipal code, as amended by Public Act 90- 561, and the Commission's rules entitled"Municipal Electric Tax Rates" (83 Ill. Adm. Code 418), the UNITED CITY OF YORKVILLE of Yorkville,Illinois(hereinafter"the municipality") requests that the Illinois Commerce Commission promulgate alternative municipal electric tax rates. In support of this request, the municipality states as follows: 1. Attached is a copy of the Attached is a copy of the Resolution in which the corporate authorities of the Municipality authorized in this request. 2. The municipality is requesting that rates be calculated under the ten consumption block method set forth in 83 Ill. Adm. Code 418.110. 3. Attached is a packet of information the municipality received from utility providers. To the best of my knowledge, information and belief, this packet contains the following: (a) The municipality's 1997 tax revenues under Section 8-11-2(3) of the Municipal code as in effect during 1997 by the electric utility providing service within the corporate limits of the municipality(or, if the tax rate changed during 1997, calculated as though the rate in effect on December 31, 1997 had been in effect for the entire year),which amount does not include the additional charge permitted by Section 9-221 of the Public Utilities Act(see 83 Ill. Adm. Code 418(b)(2); (b) A Bill frequency for the residential customer class and a bill frequency for a class consisting of all other customers, as required by 83 Ill. Adm. Code 418.100(b)(6); (c) A bill frequency showing the usage or consumption of electricity within the corporate limits of the municipality within each of the 10 categories set forth in Section 8-11-2(3) of the Municipal Code as amended by P.A. 90-561,billed during 1997 (see 83 Ill. Adm. Code 418.110(a)); (d) Tax revenues for 1997, either as billed or as estimated, in accordance with 83 Ill. Adm. Code 418.110(b); (e) A declining block tax rate for each of the ten categories that reflects, as closely as reasonably practicable for the municipality,the distribution of the tax among the 10 classes of purchasers,based on 1997 usage or consumption, as if the tax were based on a uniform percentage of the purchase price of electricity,making adjustments as necessary to provide a rate for all kilowatt-hour categories and to maintain the declining block structure(see 83 Ill. Adm. Code 418.110(c); and (f) If the method used is different from that set forth in 83111. Adm. Code 418.110(a), a bill distribution as required by 83 Ill. Adm. code 418.110(d). 4. The name, address,telephone number, and facsimile telephone number of the person to be contacted under 83 Ill. Adm, Code 418.130,both for the municipality and for the electric utility, are as follows: Municipality Utility Law Offices of Daniel J. Kramer Commonwealth Edison 1107A S. Bridge Street Nicor Yorkville, Illinois 60560 (see attached utility provider list) 630.553.9500 Fax: 630.553.5764 5. The municipality intends to apply tax rates that recover an amount at a percentage equivalent of 5%,which is the same as the actual percentage tax rate in effect on December 31, 1997. 6. The municipality requests confidential treatment for information in the packet of information it received from the electric utility which is filed with the Commission as a part of this request. WHEREFORE,the municipality requests that the Commission promulgate municipal electric tax rates for it as contemplated by Section 8-11-2 of the Illinois Municipal code, as amended by P.A. 90-561, and by 83 Ill. Adm. Code 418. Respectfully submitted, , Arthur F. Prochaska,Jr. VERIFICATION I, Debra Simmons,being first duly sworn upon oath depose and say that I am the City Clerk, for the City of Yorkville, an Illinois municipal corporation; that I have read the above request by me subscribed and know the contents thereof; that the information and data used in the calculations provided with this request were derived form records of the United City of Yorkville received from the electric utility service within its corporate limits; and that the remaining contents of the request are true in substance and in fact, except as to those matters stated upon information and belief, and as to those, I believe the same to be true. City Clerk Signed and sworn to before me, CZ)- -91999 Notary Public C ` JSEAL,� 0 F F E GUZMAN R061N ST ATE OF IWtgO S MY co ?1311"'N EXPIRES 9/16199 mwSSIO Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500