HomeMy WebLinkAboutRes 02-07 01/16/2007
RESOLUTION NO. 02-07
A RESOLUTION AUTHORIZING NORTHWEST CENTRAL 9-1-1 SYSTEM
TO APPLY FOR A GRANT UNDER THE INFRASTRUCTURE MAINTENANCE
FEE LITIGATION CY PRES COMMITTEE'S GENERAL AUTHORITY
TO MAKE SUCH GRANTS
WHEREAS, in 1997, the State of Illinois enacted the Telecommunications Infrastructure
Maintenance Fee (IMF) Act, which authorized the imposition of a fee of 1 % of the gross charges
on wireless retailers and, therefore, municipalities throughout the state, including the Village of
Mount Prospect, imposed the IMF on telecommunications bills from January 1, 1998 through
February 7, 2002; and
WHEREAS, in 1998, a lawsuit was filed challenging the fee, which the Court ruled
unconstitutional and, upon appeal, the Illinois Supreme Court affirmed the unconstitutionality of
the MunicipallMF only as it applied to wireless retailers; and
WHEREAS, in 2000, municipalities that imposed the IMF were joined as defendants in a class
action lawsuit that asserted the unconstitutionality of the Infrastructure Maintenance Fee and
sought refunds of the IMF; and
WHEREAS, as of October 18, 2005, a settlement was approved that required defendant class
members to pay into the settlement fund 70% of the amounts collected through the Municipal
IMF for wireless telecommunications services; and
WHEREAS, the Court will distribute the settlement fund in accordance with cy pres principles, or
for its "next best" use. The settlement fund will be distributed as follows:
· 60% for municipal emergency 9-1-1 telecommunications programs located anywhere
within the State of Illinois; and
· 40% for medical facilities providing emergency care to indigent patients located in
areas outside the six-county northeastern Illinois region; and
WHEREAS, the Court has established a three person committee (Cy Pres Committee) to make
recommendations as to how the cy pres grants will be distributed; and
WHEREAS, Mount Prospect is one of eight municipal members of the Northwest Central 9-1-1
System ("NWC911 "), which is a cooperative venture as defined by the Intergovernmental
Cooperation Act, 5 ILCS 220 and the Emergency Telephone System Act, 50 ILCS 750.
WHEREAS, NWC911 is planning to apply for a grant to the Cy Pres Committee on behalf of its
member municipalities,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT:
SECTION ONE: That the Village of Mount Prospect hereby requests use of the
telecommunications infrastructure maintenance fee cy pres funds for the purposes described in
the application.
SECTION TWO: That the Executive Director of NWC911 is authorized to file an application on
behalf of Village of Mount Prospect with the Cy Pres Committee for a grant for the Northwest
Central 9-1-1 System Mobile Communication System Project.
SECTION THREE: That the funds applied for will be expended consistent with the recitals in
the application,
SECTION FOUR: That the Executive Director of NWC911 authorized to furnish such additional
information, assurances, certifications and amendments as the Cy Pres Committee may require
in connection with this grant application.
SECTION FIVE: That the Executive Director of NWC911 is authorized and directed on behalf of
the Village of Mount Prospect to execute and deliver a grant application and all subsequent
amendments thereto between the Village of Mount Prospect and the Cy Pres Committee and
the Secretary/Clerk of the Village of Mount Prospect is authorized and directed on behalf of the
Village of Mount Prospect to attest said applications and all subsequent amendments thereto.
SECTION SIX: That the Executive Director of NWC911 is authorized and directed to take such
action as is necessary or appropriate to implement, administer and enforce said applications
and all subsequent amendments thereto on behalf of the Village of Mount Prospect.
SECTION SEVEN: That the Village of Mount Prospect and/or the Northwest Central Dispatch
System 9-1-1 will provide the Cy Pres Committee with a certification of a certified public
accountant certifying that the grant funds were expended in conformity with the formal
application of the use of the funds to ensure compliance with the grant program. Certification
will be provided within 90 days of a request by the Cy Pres Committee.
SECTION EIGHT: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
Hoefert, Korn, Lohrstorfer, Skowron, Zadel
NAYS:
None
ABSENT:
Corcoran
PASSED AND APPROVED this 16th day of January 2007.
\
ATTEST:
~t:/?/~
Irvana K, Wilks
Mayor
, /" ....;/~> .
'-- '/ I/" /" " A /2'::'
. ." ". _" Cr.,\ l.. 7
. M. L1s'a Angell
Village Clerk
H:\CLKO\files\WIN\RES\NWC911 Governing Board Resolution - IMFJAN2007.doc
'C{
. .
/" -~. ,/ ~'
<,/t;, (/ ./ .
,', , \('.-' \
J