HomeMy WebLinkAboutRESOLUTION - 4-07 - 1/9/2007 - NORTHWEST CENTRAL 9-1-1 SYSTEM GRANTRESOLUTION NO. 4-07
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 I% of the gross charges
on wireless retailers and; therefore, municipalities throughout the state, including the Village of
Elk Grove Village, 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 .vill 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, Elk Grove Village is one of eight municipal members of the Northwest
Central 9-1-1 System ("N WC91 1''), which is a cooperative venture as defined by the
Intergovernmental Cooperation Act, 5 ILCS 220 and the Emergency Telephone System Act, 50
ILCS 750: and
WHEREAS, NWC91 1 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 Mayor and Board of Trustees of the
Village of Elk Grove Village:
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
the application.
SECTION 2: That the Executive Director of NWC91 1 is authorized to file an
application on behalf of Village of Elk Grove Village with -the Cy Pres Committee for a grant for
the Northwest Central 9-1-1 System Mobile Communication System Project.
SECTION 3: That the funds applied for will be expended consistent with the recitals in
the application.
SECTION 4: That the Executive Director of NWC91 l 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 Executive Director of N WC911 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 Executive Director of NWC91 1 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 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 fiends to ensure compliance with the grant program. Certification
will be provided within 90 days of a request by the Cy Pres Committee.
SECTION 8: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
VOTE: .AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 91h day of January 2007.
APPROVED this 9`h day of January 2007.
APPROVED:
Mavor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
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