R-862 - 11/25/2003 - AGREEMENT - ResolutionsRESOLUTION 2003 -AG- TELECOM - IMF -R -862
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
FOR THE JOINT DEFENSE OF THE PRIMECO LAWSUIT
WHEREAS, the 1970 Illinois Constitution provides that units of local government may
contract and otherwise associate amongst themselves and with individuals, associations and
corporations in any manner not prohibited by law or ordinance (Illinois Constitution, 1970, Article
VII, Section 10); and
WHEREAS, PrimeCo and a number of other plaintiffs have filed a lawsuit in the Circuit
Court of Cook County objecting to the validity of the Municipal Infrastructure MaintenInce Fee
(the "Cook County Lawsuit "); and
WHEREAS, many municipalities in DuPage County adopted such a fee; and
WHEREAS, the trial court has certified a class of defendants composed of all municipalities
which established and collected such a fee and has set a date for members of the defending class to
opt out 'of the class action suit; and
WHEREAS, the municipalities that have executed the "Intergovernmental Agreement for the
Joint Defense of the PrimeCo Lawsuit" which is attached hereto as Exhibit "A" (the
"Intergovernmental Agreement "), believe that anoint defense of litigation ansing out of the validity
of the IMF, wherever brought, should be provided by DuPage County municipalities (the "Joint
Defense "); and
WHEREAS, it is contemplated that, if DuPage County municipalities opt out of the Cook
County Lawsuit, they may be sued separately in Cook County, but that those cases would then be
transferred to DuPage County, or a new lawsuit may be instituted in DuPage County, and �
WHEREAS, the municipalities that have executed the Intergovernmental Agreement wish to
become Members of a defense consortium to provide a Joint Defense under the mechanism set forth
in the Intergovernmental Agreement for the operation of such consortium, to be named the PnmeCo
Defense Consortium ( "PDC ");
WHEREAS, the Board of Trustees of the Village of Oak Brook (the "Village ") has
determined that being a member of the PDC is in the best interest of the Village and has determined
to approve the Intergovernmental Agreement,
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Resolution 2003 -AG- TELECOM - IMF -R -862
Approving an Integovernmental Agreement for the
Joint Defense of the PrimeCo Lawsuit, Page 2
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 Intergovernmental Agreement is hereby approved, and the President i and
Village Clerk are, respectively, authorized to execute and attest the Intergovernmental Agreement in
substantially the form attached hereto as Exhibit A.
Section 2. All resolutions or parts of resolutions in conflict with the provisions of this
Resolution are hereby repealed to the extent of the conflict.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED AND APPROVED this 251h 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:
i
Ayes: Trustees Caleel, Craig, Korin, Miologos and Yusuf
Nays: None
Absent: Tr11Cf ee Alit; n; s
Abstain: None
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