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HomeMy WebLinkAboutRes 35-07 08/07/2007 RESOLUTION NO. 35-07 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 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 William Dixon, Village Manager of the Village of Arlington Heights is the designated official authorized to file an application on behalf of the Village of Mount Prospect with the Cy Pres Committee for a grant for Mobile Communications in Support of 9-1-1. SECTION THREE: That the funds applied for will be expended consistent with the recitals in the application. Page 2/2 Cy Pres SECTION FOUR: That the designated official, William Dixon, Village Manager of the Village of Arlington Heights is 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 designated official, William Dixon, Village Manager of the Village of Arlington Heights 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 Arlington Heights and the Cy Pres Committee and the Secretary/Clerk of the Village of Arlington Heights 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 designated official, William Dixon, Village Manager of the Village of Arlington Heights 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 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: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: None PASSED AND APPROVED this 7 th day of August 2007. ~K~~ Irmna K. Wilks Mayor ATTEST: ~J :t z '. /: ../'/J /~; . /fe;x'??JK.ft M. Lisa Angell Village Clerk H:\CLKO\files\WIN\RES\NWC911Governing Board Resolution -IMFJAN2007modifiedjuly2007.doc