R-872 - 02/10/2004 - AGREEMENT - ResolutionsIN
RESOLUTION 2004 -AG- TELECOM - IMF- EXl -R- 872
RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR JOINT DEFENSE OF THE PRIMECO LITIGATION
WHEREAS, the Village of Oak Brook (the "Village ") has received a Notice of�Peridency of
Class Action in the lawsuit concerning the Infrastructure Maintenance Fee ( IMF ), styled as
PrimeCo Personal Communications, L P. et al. v Illinois Commerce Commission et al., No. 98 CH
5500 (Cir. Ct. Cook County) (the "PrimeCo Litigation "); and
WHEREAS, in the PrimeCo Litigation, the Cook County Circuit Court has certified a class
of defendants composed of all municipalities in Illinois that established and collectively the IMF and
has set a date for members of the defending class to exclude themselves ( "opt- out "); and
WHEREAS, the Village has opted -out of the PrimeCo Litigation and, therefore, it may be
sued separately in Cook County, but such case then would be transferred to DuPage County, or a
new lawsuit may be instituted in DuPage County; and
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WHEREAS, the Village has heretofore expressed its intent to become a member ofla defense
consortium of those DuPage County municipalities opting -out of the PrimeCo Litigation by its
enactment of a resolution authorizing entry into a prior defense consortium intergovernmental
agreement; and
WHEREAS, this Intergovernmental Agreement will provide for a common defense to any
litigation concerning the IMF brought against the DuPage County municipalities entering into same;
and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS, AS
FOLLOWS:
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Section 1: The Intergovernmental Agreement for the Joint Defense of the PrimeCo lawsuit
as submitted to this meeting is hereby approved and the Village President and Village Clerk are
hereby authorized to execute said Agreement, substantially in the form submitted, on behalf of the
Village.
Section 2: Any policy or resolution of the Village that conflicts with the provisions of this
resolution shall be and is hereby repealed to the extent of such conflict.
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Resolution 2004 AG- TELECOM- IMF -EXl -R- 8 % 2
To Enter into an Intergovernmental Agreement for
Joint Defense of the PrimeCo Litigation, Page 2
ection 3: This resolution shall be in full force and effect from and after its passage and
in the manner provided by law.
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pproved this 10th day of February
Passed this 10th day of February , 2004.
Ayes: Trustees Aktipis, Caleel, Korin, Miologos and Yusuf
Nays: None
Absent:, Trustee Craig
,AL EST
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