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R-861 - 11/25/2003 - TELEPHONE - ResolutionsC a a� RESOLUTION 2003 - TELECOM- IMF -R -861 RESOLUTION AUTHORIZING A REQUEST FOR EXCLUSION , FROM THE PRIMECO DEFENDANT SUBCLASS WHEREAS, the Village of Oak Brook (the "Village ") has received a Notice of Pendency of Class Action in the lawsuit styled as PrimeCo Personal Communications, L P. et al. V. 1117nois Commerce Commission et al, No. 98 CH 5500 (Cir. Ct. Cook County) (the "PnmeCo Litigation "); and WHEREAS, the Village has tentatively been included as a defendant in the PrimeCo Litigation as a member of PnmeCo Defendant Subclass pursuant to the Notice of Pendency of Class Action attached hereto as Exhibit 1 and made a part hereof, and WHEREAS, the President and Board of Trustees find and hereby declare that it is in the best interests of the Village to be excluded from the PnmeCo Defendant Subclass; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS, AS FOLLOWS: Section 1: The recitals set forth hereinabove shall be and are hereby incorporated as if said recitals were fully set forth within this Section One. Section 2: The Village hereby exercises its right to request exclusion from the PnmeCo Defendant Subclass after formation of the PnmeCo Joint Defense Consortium consisting of DuPage municipalities cooperating in the defense of this lawsuit, and authorizes and directs the President, as its authorized representative, to execute any and all documents necessary or desirable to effectuate said exclusion. Section 3: Any policy or resolution of the Village that conflicts with the provisions of this resolution shall be and is hereby repealed to the extent of such conflict. Section 4: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Resolution 2003 - TELECOM - IMF -R- 861 Authorizing a Request for Exclusion from the PrimeCo Defendant Subclass, Page 2 PASSED AND APPROVED this 25th day of November , 2003 by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Caleel, Craig, Korin, Miologos and Yusuf Nays: None Absent: Trustee Aktipis Abstain: None -.7.� y ��T'ES —2— VffaQe President