HomeMy WebLinkAboutRESOLUTION - 45-07 - 7/17/2007 - GRANT/INFRASTRUCTURE MAINTENANCE FEERESOLUTION NO. 45-07
A RESOLUTION AUTHORIZING APPLICATION FOR A GRANT UNDER THE
INFRASTRUCTURE MAINTENANCE FEE LITIGATION CY PRES COMMITTEE'S
GENERAL AUTHORITY TO MAKE SUCH GRANTS (MOBILE COMMUNICATIONS
IN SUPPORT OF 9-1-1)
WHEREAS, in 1997, the State of Illinois enacted the Telecommunications Infrastructure
Maintenance Fee (IMF) Act, which authorized the imposition of a fee of I% of the gross charges on
wireless retailers. Municipalities throughout the state 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
Municipal IMF 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% (sixty percent) for municipal emergency 9-1-1 telecommunications programs located
anywhere within the State of Illinois; and
• 40% (forty percent) 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.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
of Elk Grove Village, Cook and DuPage Counties of Illinois, as follows:
Section 1. That the Village of Elk Grove Village hereby requests use of the
telecommunications infrastructure maintenance fee cy pres funds for the purposes described in this
application.
Section 2. That the designated official, William Dixon, is authorized to file an application on
behalf of the Village of Elk Grove Village with the Cy Pres Committee for a grant for Mobile
Communications in support of 9-1-1.
Section 3. That the funds applied for will be expended consistent with the recitals in the
application.
Section 4. That the designated official, William Dixon, 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 5. That the designated official, William Dixon, is authorized and directed on behalf
of the Village of Elk Grove Village to execute and deliver a grant application and all subsequent
amendments thereto between the Village of Elk Grove Village and the Cy Pres Committee and the
Village Clerk of the Village of Elk Grove Village is authorized and directed on behalf of the Village of
Elk Grove Village to attest said applications and all subsequent amendments thereto.
Section 6. That the designated official, William Dixon, 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 Elk Grove Village.
Section 7. That the Village of Elk Grove Village 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.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 17th day of July 2007.
APPROVED this 17th day of July 2007.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk