S31-04 •
Ordinance No. S31-04
AN ORDINANCE
AMENDING THE BUILDING MATERIALS SALES TAX EXEMPTION OF THE
ELGIN ENTERPRISE ZONE UNDER THE
ILLINOIS ENTERPRISE ZONE ACT
WHEREAS, the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") is a home rule unit of government under the Illinois Constitution of 1970, Article VII,
Section 6; and
WHEREAS,Ordinance No.G70-82,passed on December 22, 1982,and Ordinance No.G71-
89, passed July 26, 1989, designated an enterprise zone (hereinafter referred to as the "Elgin
Enterprise Zone") under the Illinois Enterprise Zone Act (20 ILCS 655/5.1 et seq.; hereinafter
referred to as the "Act"), as amended, subject to the approval of the Illinois Department of
Commerce and Community Affairs (now the Illinois Department of Commerce and Economic
Opportunity and hereinafter referred to as "State"), and subject to the provisions of the Act; and
WHEREAS, the State certified the Elgin Enterprise Zone effective on July 1, 1985; and
WHEREAS, the City has made subsequent amendments and modifications to the Elgin
Enterprise Zone that have subsequently been approved by the State; and
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WHEREAS, the Act includes provisions for projects located within state designated
enterprise zones to take advantage of an exemption of sales tax on building materials purchased and
used in an approved project; and
WHEREAS, State legislation was enacted(35 ILCS 120/5k)that modified language on the
use of the building materials sales tax exemption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City of Elgin authorizes an amendment to the Elgin Enterprise Zone,
with regard to the Retailers' Occupation Tax as follows:
Each retailer in Illinois who makes a sale of building materials to be
incorporated into real estate in the Elgin Enterprise Zone, as supplemented and
amended, by remodeling, rehabilitation or new construction, may deduct receipts
from such sales when calculating the tax imposed by the State of Illinois under and
pursuant to the Retailers' Occupation Tax Act (35 ILCS, 120/1), et seq.. The
deduction allowed hereby shall be limited to and shall only apply to any remodeling,
rehabilitation or new construction of any qualified commercial, industrial or
manufactured building for which the Elgin Enterprise Zone Administrator has issued
a certificate of eligibility qualifying the construction, a copy of which is required to
be provided to the applicable retailer at the time of sale, along with a signed
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purchasers'statement and maintained by such retailer in its books and records for the
purposes of documenting any such deduction.
Section 2. That the City Manager of City is hereby authorized and directed to cause to be
prepared and filed a formal application with the State in accordance with the provisions of the Act
and to provide such additional information and documents as may be required by the State and to
otherwise take such action as may be necessary on behalf of the City to obtain certification by the
State of the amendment to the Elgin Enterprise Zone provided for hereby.
Section 3. That all ordinances and parts thereof in conflict herewith are expressly repealed
and are of no further force and effect.
Section 4. That repeal of any ordinance by this ordinance shall not affect any rights accrued
or liability incurred under said repealed ordinance to the effective date hereof. The provisions of this
ordinance insofar as they are the same or substantially the same as those of any prior ordinance,shall
be construed as a continuation of said prior ordinances.
Section 5. That it is the intention of the City Council of City that this ordinance and every
provision thereof shall be severable and the invalidity of any section, clause, or provision of this
ordinance shall not affect the validity of any portion of this ordinance.
Section 6. That this ordinance shall be in full force and effect immediately after its
ruk passage, approval, recording and publication in accordance with law, and after the State has
approved and certified the application provided for hereby for amendment to the Elgin Enterprise
Zone pursuant to Section 5.4 of the Act
Ed Schock, Mayor
Presented: October 27, 2004
Passed: October 27, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: October 28, 2004
Published:
Attest:
Dolonna Mecum, City Clerk