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HomeMy WebLinkAboutCity Council Packet 2025 09-09-25 - supplemental packet 1 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Supplemental Information – distributed 9/5/25 Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #6 Tracking Number CC 2025-69 Sales Tax Citation Clean Up – Ordinance Amending Title 3, Chapter 2 of Yorkville City Code City Council – September 9, 2025 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of an ordinance amending the City Code regarding state statute authorization for the City’s local sales taxes. Background In April, the City Council approved an ordinance authorizing a local grocery tax to offset the state’s elimination of an equivalent statewide grocery tax. This local grocery tax ordinance was required to be approved by the City Council before October 2025 in order to be effective on January 1, 2026. As part of the implementation of the local ordinance, the City sent the ordinance to the Illinois Department of Revenue (IDOR) who has acknowledged the receipt and validity of the local ordinance. In reviewing the ordinance’s statutory authority, the IDOR noted that the City’s statutory references to the normal, local sales taxes were outdated and asked us to modernize the underlying sales tax citations. Accordingly, Attorney Orr has drafted an ordinance amending the City Code that updates the terminology and state statute citation for the City’s local sales taxes. Recommendation Staff recommends approval of the ordinance. Reiterating, the locally imposed grocery tax is valid as approved by the City Council and this ordinance is only a cleanup for the City’s normal, local sales tax in City Code. As a general reminder, the locally imposed grocery tax as already authorized by the City Council in April is a direct replacement for the state’s elimination of a statewide grocery tax on January 1, 2026. Any local or non-local shoppers to Yorkville’s grocery stores will pay the same tax rate on January 1, 2026 as they would have on December 31, 2025. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: September 5, 2025 Subject: Sales Tax citation clean up Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING TITLE 3, CHAPTER 2 OF THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and validly existing non-home rule municipal corporation created under the provisions of Article VII, Section 7 of the Illinois Constitution of 1970 and the provisions of the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. (the “Illinois Municipal Code”) as from time to time supplemented and amended; and, WHEREAS, the Illinois Municipal Code provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and, WHEREAS, pursuant to Section 8-11 -24 of the Illinois Municipal Code (65 ILCS 5/8-11 - 24) on April 22, 2025, the City imposed a tax “upon all persons engaged in the business of selling groceries at retail in the municipality” (the “Municipal Grocery Tax”) (65 ILCS 5/8-11-24) beginning on January 1, 2026; and, WHEREAS, 8-11 -24 of the Illinois Municipal Code (65 ILCS 5/8-11 -24) requires any municipality imposing a Municipal Grocery Retailers’ Occupation Tax under Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) to also impose a Service Occupation Tax at the same rate, “upon all persons engaged, in the municipality, in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries” as “an incident to a sale of service” which Service Occupation Tax the City imposed as required by Section 8-11 -24 of the Municipal Code on April 22, 2025; and, WHEREAS, the City has been advised by the Illinois Department of Revenue (“IDOR”) that the Municipal Retailers Occupation Tax and the Municipal Service Occupation Tax, as included in Title 3, Chapter 2 of the Yorkville City Code, have been obsolete and all provisions referring to such taxes should be deleted therefrom. Ordinance No. 2025-____ Page 2 WHEREAS, in response to the direction of IDOR, the Mayor and City Council hereby amend the Yorkville City Code as follows: NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. Incorporation of Recitals. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. Section 2. Section 3-2-1 of Title 3, Chapter 2 of the Yorkville City Code is hereby deleted in its entirety. Section 3. Section 3-2-2 of Title 3, Chapter 2 of the Yorkville City Code is hereby deleted in its entirety. Section 4. Section 3-2-2.3 of Title 3, Chapter 2 of the Yorkville City Code is hereby deleted in its entirety and replaced with the following: 3-2-2.3: Municipal Grocery Service Occupation Tax. A. A tax is hereby imposed upon all persons engaged in this City in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries as an incident to a sale of service. The rate of this tax shall be the same rate identified in Section 3-2-1.2, above. The imposition of this tax shall commence January 1, 2026 in accordance with and subject to the provisions of Section 8-11 -24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) . B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, 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 this Code. Section 5. Clerk to File Ordinance with Illinois Department of Revenue. As required under Section 8-11 -24 of the Illinois Municipal Code (65 ILCS 5/8-11 -24), the City Clerk is hereby directed to file a certified copy of this Ordinance with the Illinois Department of Revenue on or before October 1, 2025. Section 6. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law; provided, however, that the tax imposed under Section 4 takes effect on January 1, 2026. Ordinance No. 2025-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK o Illinois Department of Revenue Legal Services Office m 101 W. Jefferson St. MC 5-500 Springfield, IL 62794 August 25, 2025 Jodi Behland City Clerk City of Yorkville 651 Prairie Point Dr. United City of Yorkville, IL 60560 Re: Ordinance No. 2025-37 Municipal Grocery Occupation Tax Dear Ms. Behland: This is to acknowledge receipt of United City of Yorkville's Ordinance No. 2025-37 imposing a Municipal Grocery Retailers' Occupation Tax and Municipal Grocery Service Occupation Tax at the rate of 1%. The Illinois Department of Revenue shall collect, administer, and enforce the Municipal Grocery Retailers' Occupation Tax and Municipal Grocery Service Occupation Tax effective January 1,2026, in accordance with the provisions of 65 ILCS 5/8-11-24. While we are accepting this ordinance for purposes of meeting the October 1, 2025 filing deadline for implementation on January 1, 2026, we must ask Yorkville to amend or replace the ordinance to address the following issue(s): Sections 3-2-1 and 3-2-2 of the Yorkville Code amended in this Ordinance consist of the Municipal Retailers' Occupation Tax and Municipal Service Occupation Tax, respectively. These provisions were rendered obsolete with the passage of sales tax reform in the early 1990's (See P.A. 85-1135) and are of no effect. As a result, we recommend that Yorkville repeal these obsolete provisions. Yorkville's current operative general local sales tax consists of its Non-Home Rule Municipal Retailers' Occupation Tax (Section 3-2-1.1) and its Non-Home Rule Municipal Service Occupation Tax(Section 3-2-2.1). In Paragraph A of Section 3-2-2.3 of the Code, replace "Section 2, above" with Section 3-2-1.2, above". and file a certified co with the Department on or beforePleaseadoptaconformingordinancepyp October 1,2025 at the following address: Local Tax Allocation Division (3-500) Illinois Department of Revenue United City of Yorkville—Grocery Occupation Tax Page 2 August 25, 2025 101 W.Jefferson St. Springfield,IL 62702 If you have any questions regarding this letter, please contact our office at the number listed below. If you have questions concerning the distribution of the tax, please contact the Department's Local Tax Allocation Division at(217) 785-6518 or rev.localtax6011inois.gov. Very truly yours, ij/ Am" Samuel J. Moore Associate Counsel 217) 782-7055 SJM:slc Cc: Aaron Allen, Local Tax Allocation Division UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-37 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING TITLE 3, CHAPTER 2 OF THE YORKVILLE CITY CODE Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 22°d day of April, 2025 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on April 24, 2025. Ordinance No. 2025-37 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING TITLE 3, CHAPTER 2 OF THE YORKVILLE CITY CODE Ci is a dulytheUnitedCityofYorkville, Kendall County, Illinois the "City"), organized and validly existing non-home rule municipal corporation created under the provisions of Article VII, Section 7 of the Illinois Constitution of 1970 and the provisions of the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. (the "Illinois Municipal Code") as from time to time supplemented and amended; and, WHEREAS, the Illinois Municipal Code provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and, WHEREAS,pursuant to Section 8-11-24 of the Illinois Municipal Code(65 ILCS 5/8-11- 24) beginning on January 1, 2026, all Illinois municipalities may impose a tax "upon all persons engaged in the business of selling groceries at retail in the municipality"(the"Municipal Grocery Tax") (65 ILCS 5/8-11-24); and, WHEREAS, Section 8-11-24 of the Illinois Municipal Code(65 ILCS 5/8-11-24)requires any municipality imposing a Municipal Grocery Retailers' Occupation Tax under said Section 8- 11-24 (65 ILCS 5/8-11-24) to also impose a Municipal Service Occupation Tax at the same rate, upon all persons engaged, in the municipality, in the business of making sales of service, who, as an incident to making those sales of service,transfer groceries"as"an incident to a sale of service"; and, Ordinance No.2025-37 Page 2 WHEREAS, any Municipal Grocery Service Occupation Tax and the Municipal Service Occupation Tax shall be administered, collected and enforced by the Illinois Department of Revenue; and, WHEREAS, the Mayor and City Council believe that it is appropriate, necessary and in the best interests of the City and its residents, that the City levy a Municipal Grocery Retailers' Occupation Tax and a Municipal Grocery Service Occupation Tax as permitted by Section 8-11- 24 024oftheIllinoisMunicipalCodeattherateof1 /o of thegross receipts of sales bygroceryretailerspp as hereinafter provided. NOW THEREFORE,BE IT ORDAINED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. Incorporation of Recitals. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. Section 2. Paragraph A of Section 3-2-1 of the Yorkville City Code is hereby amended by deleting said paragraph A and replacing with the following: A. Tax imposed:A tax is hereby imposed on all persons engaged in the business of selling tangible personal property at retail in this City, other than the business of selling groceries, at the rate of one percent(1%) of the gross receipts from such sales made in the course of such business while this section is in effect, in accordance with the provisions of Section 8-11-1 of the Illinois Municipal Code(65 ILCS 5/8-11-1). Section 3. Title 3, Chapter 2 of the Yorkville City Code is hereby amended by adding the following new Section 3-1-1.2: Ordinance No.2025-37 Page 3 3-2-1.2 Municipal Grocery Retailers'Occupation Tax Imposed. A. A tax is hereby imposed upon all persons engaged in the business of selling groceries at retail in this municipality at the rate of 1%of the gross receipts from such sales made in the course of such business. The imposition of this tax is in accordance with and subject to the provisions of Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24). B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois which shall have full power to administer and enforce these provisions of this code. Section 4. Paragraph A of Section 3-2-2 is hereby amended by deleting paragraph A and replacing it with the following: A. Tax imposed: A tax is hereby imposed upon all persons engaged in this City in the business of making sales of service other than in the business of transferring groceries as an incident to a sale of service at the rate of of one percent (1%) of the cost price of all tangible personal property transferred by said servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, in accordance with the provisions of 8-11-5 of the Illinois Municipal Code (65 ILCS 5/8-11-5). Section 5. Title 3, Chapter 2 of the Yorkville City Code is hereby amended by adding the following new Section 3-2-2.3: 3-2-2.3: Municipal Grocery Service Occupation Tax. Ordinance No.2025-37 Page 4 A. A tax is hereby imposed upon all persons engaged in this City in the business of making sales of service,who, as an incident to making those sales of service,transfer groceries as an incident to a sale of service. The rate of this tax shall be the same rate identified in Section 2, above. The imposition of this tax is in accordance with and subject to the provisions of Section 8-11-24 of the Illinois Municipal Code(65 ILCS 5/8-11-24). B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, 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 these provisions of this code. Section 6. Effective Date. The taxes hereby imposed by Section 3-2-1.2 and 3-2-2.3 shall take effect on January 1, 2026. Section 7. Clerk to File Ordinance with Illinois Department of Revenue. As required under Section 8-11-24 of the Illinois Municipal Code(65 ILCS 5/8-11-24),the City Clerk is hereby directed to file a certified copy of this Ordinance with the Illinois Department of Revenue on or before October 1, 2025. Section 8. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 22nd day of April,A.D. 2025. Q CI Y CLERK Ordinance No.2025-37 Page 5 KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkv' le, Kendall County, Illinois 2 this 2.J day of A Y < ' A.D. 2025. MAYOR Attest: j Y CLERK Ordinance No.2025-37 Page 6