===== PDF PAGE 173 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO FINANCE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _ +t. 4« ©. Ordinance No. 23-0-0022 — Increasing the Home Rule Sales Tax Rate FILE NUMBER: Ordinance No. 23-O0-0023 - Collection of Debts from All Entities Associated with Someone in Violation of the City Code COMMITTEE AGENDA DATE: 07/12/2023 COUNCIL AGENDA DATE: 07/17/2023 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: Over the last several months, City staff has been researching ways to pay for the upkeep of the rights-of- way in the industrial parks. We are recommending increasing the home rule sales tax rate by 0.50% to 1.50%, and using the additional funds to pay the principal and interest associated with a bond issuance. A Borrowing Analysis prepared by the City’s Financial Advisor (Anthony Miceli from Speer Financial) is attached, and will be brought back before the Finance Committee later this year; it has been included for illustration only. Also, there are property and business owners in WC that operate under more than one business name. The language in our current Code does not allow the City to enforce judgements/fines/liens/fees owed by one of those entities against another business which involves the same person or people. For example, an owner of a store in our community has its liquor license titled in one company name, but the building is owned by another corporate entity in which he’s involved. There are outstanding water bills from former tenants for which the landlord is responsible, but he is now not required to pay these to keep his liquor license valid. The attached Ordinance provides the City with more flexibility to collect debts due and owing. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance Nos. 23-O-0022 and -0023. COMMITTEE RECOMMENDATION: ===== PDF PAGE 174 ===== [Extraction: OCR (rendered-page OCR)] SY Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS City of West Chicago, Illinois HOME RULE SALES TAX BORROWING ANALYSIS MAY 10, 2023 ===== PDF PAGE 175 ===== [Extraction: OCR (rendered-page OCR)] History of Taxable Sales and Home Rule Sales Tax Home Rule Sales Tax 1.00% Home Rule 0.75% Home Rule 0.25% Home Rule Estimated 0.50% Taxable Sales Sales Tax * Sales Tax” Sales Tax 7 Additional HRST 2022 391,792,800 3,917,928 1,958,964 2021 363,953,200 3,639,532 1,819,766 2020 273,588,700 2,735,887 1,367,944 2019 271,090,000 2,710,900 1,355,450 2018 272,476,267 2,043,572 1,362,381 2017 249,710,933 1,872,832 1,248,555 2016 236,364,000 590,910 1,181,820 2015 240,355,600 600,889 1,201,778 2014 230,793,600 576,984 1,153,968 2013 214,330,000 535,825 1,071,650 Notes: (1) Based on information provided by the City. (2) Based on the sales taxes deposited in the City's Capital Projects Fund as reported in the annual audited financial statements. ===== PDF PAGE 176 ===== [Extraction: OCR (rendered-page OCR)] Scenario 1: 20 Year Financing / Conservative Revenue Assumptions General Obligation Bonds, Series 2024 Dated: March 13, 2024 Debt Service Schedule Sources and Uses of Funds Principal Interest * Sources of Funds 675,000 $624,798 $1,299,798 Par Amount of Bonds $17,110,000 550,000 $749,969 $1,299,969 Reoffering Premium $652,365 2026 575,000 $722,469 $1,297,469 Total Sources $17,762,365 2027 605,000 $693,719 $1,298,719 2028 635,000 $663,469 $1,298,469 Uses of Funds 2029 665,000 $631,719 $1,296,719 Project Fund Deposit $17,497,160 2030 700,000 $598,469 $1,298,469 Estimated Underwriter Discount 2 $128,325 2031 735,000 $563,469 $1,298,469 Estimated Costs of Issuance * $136,880 2032 770,000 $526,719 $1,296,719 Total Uses of Funds $17,762,365 2033 810,000 $488,219 $1,298,219 | 2034 850,000 $447,719 $1,297,719 2035 890,000 $405,219 $1,295,219 Yield Statistics * 2036 935,000 $360,719 $1,295,719 Average Life 11.690 Years 2037 975,000 $323,319 $1,298,319 Average Coupon 4.423% 2038 1,015,000 $284,319 $1,299,319 Net Interest Cost (NIC) 4.161% 2039 1,055,000 $243,719 $1,298,719 True Interest Cost (TIC) 4.094% 2040 1,095,000 $201,519 $1,296,519 All Inclusive Cost (AIC) 4.184% 1,140,000 $154,981 $1,294,981 1,190,000 $106,531 $1,296,531 $1,299,469 1,245,000 $54,469 17,110,000 $8,845,529 $25,955,529 Notes (1) Assumes estimated tax exempt interest rates for a AA rated non bank qualified general obligation bond as of May 10, 2023. Subject to change. (2) Assumes an underwriter discount of $7.50 / $1,000. Subject to change. (3) Assumes total costs of issuance of $8.00 / $1,000. Subject to change. ===== PDF PAGE 177 ===== [Extraction: OCR (rendered-page OCR)] Scenario 2: 20 Year Financing / $1.6M Annual Debt Service General Obligation Bonds, Series 2024 Dated: March 13, 2024 Debt Service Schedule Sources and Uses of Funds Principal Interest * Sources of Funds 2024 830,000 $769,215 $1,599,215 Par Amount of Bonds $21,065,000 2025 675,000 $923,369 $1,598,369 Reoffering Premium $803,274 2026 710,000 $889,619 $1,599,619 Total Sources $21,868,274 2027 745,000 $854,119 $1,599,119 2028 780,000 $816,869 $1,596,869 Uses of Funds 2029 820,000 $777,869 $1,597,869 Project Fund Deposit $21,541,767 2030 860,000 $736,869 $1,596,869 Estimated Underwriter Discount 2 $157,988 2031 905,000 $693,869 $1,598,869 Estimated Costs of Issuance * $168,520 2032 950,000 $648,619 $1,598,619 Total Uses of Funds $21,868,274 2033 995,000 $601,119 $1,596,119 2034 1,045,000 $551,369 $1,596,369 2035 1,100,000 $499,119 $1,599,119 Yield Statistics * 2036 1,155,000 $444,119 $1,599,119 Average Life 11.690 Years 2037 1,200,000 $397,919 $1,597,919 Average Coupon 4.423% 2038 1,250,000 $349,919 $1,599,919 Net Interest Cost (NIC) 4.161% 2039 1,295,000 $299,919 $1,594,919 True Interest Cost (TIC) 4.094% 2040 1,350,000 $248,119 $1,598,119 All Inclusive Cost (AIC) 4.184% 2041 1,405,000 $190,744 $1,595,744 2042 1,465,000 $131,031 $1,596,031 1,530,000 $66,938 $1,596,938 Total 21,065,000 $10,890,727 $31,955,727 Notes (1) Assumes estimated tax exempt interest rates for a AA rated non bank qualified general obligation bond as of May 10, 2023. Subject to change. (2) Assumes an underwriter discount of $7.50 / $1,000. Subject to change. (3) Assumes total costs of issuance of $8.00 / $1,000. Subject to change. ===== PDF PAGE 178 ===== [Extraction: OCR (rendered-page OCR)] Scenario 3: 20 Year Financing / Aggressive Revenue Estimates (Based on 2022 Sales Tax Receipts) General Obligation Bonds, Series 2024 Dated: March 13, 2024 Debt Service Schedule Sources and Uses of Funds Principal Interest * Sources of Funds 1,015,000 $941,519 $1,956,519 Par Amount of Bonds $25,785,000 825,000 $1,130,250 $1,955,250 Reoffering Premium $982,618 865,000 $1,089,000 $1,954,000 Total Sources $26,767,618 910,000 $1,045,750 $1,955,750 955,000 $1,000,250 $1,955,250 Uses of Funds 1,005,000 $952,500 $1,957,500 Project Fund Deposit $26,367,950 1,055,000 $902,250 $1,957,250 Estimated Underwriter Discount 2 $193,388 1,105,000 $849,500 $1,954,500 Estimated Costs of Issuance ° $206,280 1,160,000 $794,250 $1,954,250 Total Uses of Funds $26,767,618 1,220,000 $736,250 $1,956,250 1,280,000 $675,250 $1,955,250 1,345,000 $611,250 $1,956,250 Yield Statistics * 1,410,000 $544,000 $1,954,000 Average Life 11.690 Years 1,470,000 $487,600 $1,957,600 Average Coupon 4.423% 1,530,000 $428,800 $1,958,800 Net Interest Cost (NIC) 4.161% 1,590,000 $367,600 $1,957,600 True Interest Cost (TIC) 4.094% 1,650,000 $304,000 $1,954,000 All Inclusive Cost (AIC) 4.184% 1,725,000 $233,875 $1,958,875 1,795,000 $160,563 $1,955,563 1,875,000 $82,031 $1,957,031 25,785,000 $13,336,488 $39,121,488 Notes (1) Assumes estimated tax exempt interest rates for a AA rated non bank qualified general obligation bond as of May 10, 2023. Subject to change. (2) Assumes an underwriter discount of $7.50 / $1,000. Subject to change. (3) Assumes total costs of issuance of $8.00 / $1,000. Subject to change. ===== PDF PAGE 179 ===== [Extraction: OCR (rendered-page OCR)] Scenario 4: Staggered $10M Issuances — 15 Year Term Estimated General Obligation Bonds, Series 2024 General Obligation Bonds, Series 2027 Remaining 0.50% HRST Dated: March 13, 2024 Dated: March 10, 2027 0.50% HRST Revenues Principal Interest * Total Principal Interest * Total Revenues 2024 1,958,964 1,570,000 $385,816 $1,955,816 $0 $3,148 2025 1,958,964 1,550,000 $405,450 $1,955,450 so $3,514 2026 1,958,964 1,630,000 $327,950 $1,957,950 so $1,014 2027 1,958,964 330,000 $246,450 $576,450 995,000 $385,418 $1,380,418 $2,096 2028 1,958,964 345,000 $229,950 $574,950 950,000 $428,700 $1,378,700 $5,314 2029 1,958,964 365,000 $212,700 $577,700 1,000,000 $381,200 $1,381,200 $64 2030 1,958,964 385,000 $194,450 $579,450 445,000 $331,200 $776,200 $603,314 2031 1,958,964 400,000 $175,200 $575,200 465,000 $308,950 $773,950 $609,814 2032 1,958,964 420,000 $155,200 $575,200 490,000 $285,700 $775,700 $608,064 2033 1,958,964 445,000 $134,200 $579,200 515,000 $261,200 $776,200 $603,564 2034 1,958,964 465,000 $111,950 $576,950 540,000 $235,450 $775,450 $606,564 2035 1,958,964 490,000 $88,700 $578,700 570,000 $208,450 $778,450 $601,814 2036 1,958,964 515,000 $64,200 $579,200 595,000 $179,950 $774,950 $604,814 2037 1,958,964 535,000 $43,600 $578,600 625,000 $150,200 $775,200 $605,164 2038 1,958,964 555,000 $22,200 $577,200 655,000 $118,950 $773,950 $607,814 2039 1,958,964 $0 690,000 $86,200 $776,200 $1,182,764 2040 1,958,964 $0 720,000 $58,600 $778,600 $1,180,364 2041 1,958,964 $0 745,000 $29,800 $774,800 $1,184,164 2042 1,958,964 $o so $1,958,964 2043 1,958,964 $o $o $1,958,964 Total 10,000,000 $2,798,016 $12,798,016 10,000,000 $3,449,968 $13,449,968 $12,931,296 Notes (1) Assumes estimated tax exempt interest rates for a AA rated non bank qualified general obligation bond as of May 10, 2023. Subject to change. (2) Assumes an underwriter discount of $7.50 / $1,000. Subject to change. (3) Assumes total costs of issuance of $8.00 / $1,000. Subject to change. ===== PDF PAGE 180 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 23-0-0022 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO TO INCREASE THE HOME RULE MUNICIPAL RETAILERS’ OCCUPATION TAX AND THE HOME RULE MUNICIPAL SERVICE OCCUPATION TAX WHEREAS, the City of West Chicago (hereinafter referred to as “City”) is an Illinois home rule municipality, established and existing under the laws of the state of Illinois pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides that municipalities of more than twenty five thousand (25,000) in population are home rule units and, subject to the specific limitations of Illinois law, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Section 8-11-1 of the Illinois Municipal Code, 65 ILCS 5/8-11-1, authorizes home rule municipalities to impose a tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the municipality on the gross receipts from the sales made in the course of such business; and WHEREAS, Section 8-11-5 of the Illinois Municipal Code, 65 ILCS 5/8-11-5, authorizes home rule municipalities to impose a tax upon all persons engaged, in the City of West Chicago, in the business of making sales of service, of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate, as an incident to a sale of service; and WHEREAS, the City Council of the City has determined that in order to continue to provide high quality facilities, infrastructure and services to the residents of the City it is reasonable and in the best interests for the City to impose a Home Rule Municipal Retailers’ Occupation Tax and the Home Rule Municipal Service Occupation Tax; and WHEREAS, the City Council added a one-quarter percent (0.25%) home rule sales tax via Ordinance No. 07-O-0080 on or about September 17, 2007, another (0.50%) via Ordinance No. 08-O-0019 on or about March 17, 2008 and another one-quarter percent (0.25%) via Ordinance No. 18-O-0037 on or about July 2, 2018; and, WHEREAS, the State of Illinois has significantly reduced the City’s portion of income taxes it once provided, thereby reducing the tax revenues available to the City to meet its statutory charges and the City’s total population declined after the 2020 Census Count, leading to decreased tax revenue that is tied to population size, thereby not allowing the City to take care of its infrastructure property, mostly its rights-of-way in the industrial parks; and Ordinance 23-O-0022 Page 1 of 3 ===== PDF PAGE 181 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, in order to bridge tax revenue deficit created by the State’s actions, an increase of one-half percent (0.50%) is necessary in the home rule sales tax, bringing the total home rule sales tax rate to one-and-a-half percent (1.50%); and WHEREAS, the City Council of the City has determined that the incremental increase in the home rule sales tax, is necessary and in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, County of DuPage, Illinois, as follows: SECTION 1: That Article II, Section 16-16 entitled “Home Rule Municipal Retailers’ Occupation Tax” is herby amended to change the rate from one percent (1.00%) to one-and-a-half percent (1.50%). SECTION 2: That Article II, Section 16-17 entitled “Home Rule Municipal Service Occupation Tax” is herby amended to change the rate from one percent (1.00%) to one-and-a-half percent (1.50%). SECTION 3: The City Administrator is hereby directed, upon passage and approval of this Ordinance, to file a certified copy of this Ordinance with the Illinois Department of Revenue, so that the certified copy of this Ordinance is received by the Illinois Department of Revenue on or before October 1, 2023. SECTION 4: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, to the extent of such conflict, are expressly repealed. SECTION 5: If any portion of this Ordinance is ruled or held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the Ordinance, and the remainder of the Ordinance shall be construed as if not containing the particular provision and shall continue in full force, effect and enforceability; and SECTION 6: This Ordinance shall be in full force after its passage and publication as required by law; the Illinois Department of Revenue shall begin administering and enforcing the terms of this Ordinance as of January 1, 2024, or as soon after the adoption of this Ordinance as the Department of Revenue can commence collection hereof, pursuant to 65 ILCS 5/8-11-1 and 65 ILCS 5/8-11-5. Ordinance 23-O-0022 Page 2 of 3 ===== PDF PAGE 182 ===== [Extraction: OCR (rendered-page OCR)] PASSED this 17" day of July, 2023. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman C. Swiatek Alderman J. Smith Alderman J. Short Alderman R. Stout Alderman J. Morano Ward 7 Alderman HLTH APPROVED as to form: City Attorney Patrick K. Bond APPROVED this 17" day of July, 2023. Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 23-O-0022 Page 3 of 3 Vacant ===== PDF PAGE 183 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 23-O0-0023 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO, CHAPTER 1, SECTION 1-8, TO PROVIDE A PENALTY AND FINE STRUCTURE ON EXISTING OR OUTSTANDING CODE OR PERMIT VIOLATIONS AND TO ENFORCE OUTSTANDING FINANCIAL OBLIGATIONS OWED TO THE CITY WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare and government functions; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to control the affairs of the City; and WHEREAS, the City Council possesses full power and authority to approve and pass all necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, the City Council has regulations regarding general penalties for outstanding violations and unpaid fees and fines assessed for City Code violations, as set forth in Chapter 1, Section 8 of the City’s Code; and WHEREAS, the City recognizes the administrative and financial impact on the City to induce compliance with outstanding issues related to correction of City Code violations; and WHEREAS, in the interest of mitigating the use of substantial additional City resources to enforce and abate Code violations or financial delinquencies owed to the City, the City finds it is in the best interest of the City to provide a mechanism and an incentive to ensure compliance with the requirements of the City Code; and WHEREAS, the City has encountered instances in which property owners, contactors, permittees or agent(s) have outstanding code violations or financial obligations owed to the City, either on the property or project they are seeking, or have a permit for, and request an inspection or further relief from the City; and WHEREAS, the City Code does not currently provide the City with the authority, or any mechanism, to address outstanding Code violations or financial delinquencies, before devoting additional City resources to said property, property owner, contractor or permittee; and WHEREAS, City Staff has reviewed the regulations set forth in Chapter 1, Section 1-8, and recognize the City’s desire to provide a mechanism and an incentive for achieving City Code compliance and prohibition of utilizing additional City resources for delinquencies owed to the City; and WHEREAS, upon passage of this Ordinance, as provided for by law, Chapter 1, Section 8 of the Code of Ordinances, shall be amended as set forth below. ===== PDF PAGE 184 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, County of DuPage, Illinois, in regular session assembled that the City Code is amended, as follows: Section 1. That the foregoing recitals are hereby incorporated herein as if set forth. Section 2. That Chapter 1, Section 1-8, General Penalty, of the City of West Chicago is hereby amended as follows: “Sec. 1-8. General penalty. (a) (1) (2) (3) (4) (5) (6) Amount. The violation of or failure to comply with any provision of this Code, shall constitute an offense against the city, and shall subject the offender, upon a finding of liable, to a_fine not less than one hundred fifty dollars ($150.00), for the first offense; a fine not be less than three hundred dollars ($300.00) for the second offense; a fine not less than six hundred dollars ($600.00) for the third offence and every subsequent offense thereafter. The fine for any violation hereunder shall not exceed fifteen hundred dollars ($1,500.00). Existing Violations: The city shall not be required to issue any permits, licenses or registration any property owner or agent for a property owner; or to perform inspections; on properties upon which there are outstanding fees, fines or changes owed to the city or the city-designated waste, refuse and recycling contractors: existing code violations: or any other outstanding issues regarding said property or the property owner, until such work or issues have been corrected and/or all of the fees or fines are paid in-full. Payment to City: No permit, certificate of occupancy or temporary certificate of occupancy shall be issued by the city when any applicant or property owner owes the city money for any purposes whatsoever, nor shall any inspection be made until such time as all monies due to the city have been satisfied, in-full. Department Cooperation: The assistance and cooperation of the Finance Department, Police Department, and Community Development Department, along with any fire and health agencies and all other officials shall be available to the building official, as required in the performance of the duties of the building official. City’s Right to Prosecute Violations: the issuance of a permit, certificate of occupancy or temporary certificate of occupancy shall not stop the city from prosecuting, or operate as a waiver of any right of the city, to prosecute an owner or occupant of any property for any violation of any city ordinance, including the recovery of outstanding fees, fines, charges or other monies owed to the city, or a third-party service provider, on behalf of the city. Public Nuisance: Any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance of the city shall be deemed a public nuisance and shall be subject to enforcement and abatement by the city. Separate Violation: Each and every act, action or thing done in violation of the provisions of this Code, or ordinance of the city, shall be construed, deemed and taken as a separate and distinct violation of such provisions of this Code, and in every event that a violation of this Code, or any of the provisions hereof, shall continue, each day of such continuance shall be. deemed, construed and taken as a separate and distinct violation of the provisions of this Code. ===== PDF PAGE 185 ===== [Extraction: OCR (rendered-page OCR)] (7) _ Failure to Pay Invoices: The failure to timely pay any invoice due to the city shall be deemed and taken as a separate and distinct violation of the provisions of this Code, and the provisions of this section shall apply. (8) Applicable to all Other Violations: The provisions of this section shall apply to all violations of the city Code, including, but not limited to, Amusement Tax violations; Truancy violations; Building and Zoning violations; Liquor Code violations, and all such other violations of the city Code.” Section 3. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed insofar as they conflict herewith. Section 4. Any provision of the Ordinance deemed invalid shall not invalidate the remaining provisions hereof and shall remain in full force and effect. PASSED THIS 17th day of July, 2023. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman C. Swiatek Alderman J. Smith Alderman J. Short Alderman R. Stout Alderman J. Morano Ward 7 Alderman LTT < > 8 =] 5 APPROVED as to form: Patrick K. Bond, City Attorney APPROVED this 17th day of July, 2023. Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: