R-904 - 05/10/2005 - AGREEMENT - ResolutionsRESOLUTION 2005 -AG- TELECOM -R -904
RESOLUTION APPROVING AN AMENDED SETTLEMENT
AGREEMENT IN THE PRIMECO CLASS ACTION LITIGATION
WHEREAS, the Village of Oak Brook (the "Village ") has intervened as a class defendant and a
member Hof the DuPage County Defense Consortium in the lawsuit - concerning the Infrastructure
Maintenance Fee ( "IMF), styled as James Spratt v City of Wheaton and SBC Communications, et al (04
L 792 DuPage County) (the "DuPage Primeco Litigation "), and
WHEREAS, Judge Hollis Webster had preliminarily approved a settlement of the DuPage
Primeco Litigation on terms as set out in the Mutual Release and Settlement Agreement attached to
Resolution 2005 -AG- Telecom -EXI -R -896 of the Village, and
WHEREAS, the Village of Oak Brook and the twenty -three (23) other members of the] DuPage
Defense Consortium have determined to amend that Settlement Agreement, and Judge Webster has
given her' preliminary approval of such Amended Settlement Agreement,
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE COUNTY, ILLINOIS AS FOLLOWS
i
Section 1 An amendment to the Mutual Release and Settlement Agreement approved by
Resolution 2005 -AG- Telecom -EXI -R -896 providing that Class Members need not provide an invoice as
proof of payment and any other provision of a similar nature is approved and the Village President's
execution thereof on behalf of the Village is hereby ratified and confirmed
Section 2: All resolutions or parts of resolutions in conflict with this resolution are hereby
repealed to the extent of the conflict i
Section 3 This resolution shall be in full force and effect from and after its passage and
approval as required by law
Ayes
Nays
APPROVED THIS 10th day of May, 2005
Kev Quinlan
Vi age Presiden
PASSED THIS 10th day of May, 2005
`,Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf
None
Absent None
,
ATTEST
Linda K Gonnella, CMC
Village Clerk