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.
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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.
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Irmna K. Wilks
Mayor
ATTEST:
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M. Lisa Angell
Village Clerk
H:\CLKO\files\WIN\RES\NWC911Governing Board Resolution -IMFJAN2007modifiedjuly2007.doc