R-872 - 02/10/2004 - AGREEMENT - Resolutions Supporting DocumentsPGA Of Oqh-�9
� VILLAGE OF *OAK BROOK
AGENDA COVER SHEET
REGULAR BOARD OF TRUSTEES MEETING
OF
FEBRUARY 10, 2004
SUBJECT: PrimeCo Litigation
FROM: Kenneth T. Kubiesa, Village Attorney
RECOMMENDED MOTION:
I move for passage of Resolution 2004-AG- TELECOM -IMF-
EX1-R- authorizing entry into a Joint Defense
Intergovernmental Agreement by and between certain
DuPage County municipalities for defense for a� current or
future Infrastructure Maintenance Fee (IMF) j lass action
litigation.
Background /History: In December, the Village Board approved an Intergovernmental
Agreement that required fifteen (15) communities to enter into that
Agreement before it became effective. Only thirteen (13) communities
entered into that Agreement and subsequently, attorneys from all of the
DuPage County municipalities prepared a revised Agreement for point
defense that appears now that twenty five (25) DuPage County
Municipalities will be entering into. The Intergovernmental Agreement
provides for sharing of costs for defense of the Infrastructure
Maintenance Fee class action cases that seek refunds of those fees
collected from 1998 through January of 2002, when the Illinois Supreme
Court determined that the local Infrastructure Maintenance Fees for
wireless were unconstitutional. The Village of Oak Brook's total
exposure on both wireless and landline IMF is approximately $1.575
million.
Recommendation: That the Village Board approve entry into the aforesaid
Intergovernmental Agreement.
r
8. A. 1) Motion by Trustee Caleel, seconded by Trustee Korin, to accept
President Quinlan's recommendation and appoint Linda K. Gonnella to
the 2004 Autumn Festival Committee. VOICE VOTE: Motion carried
B ORDINANCES & RESOLUTIONS:
1) SOLUTION 2004 -AG- TELECOM - I1\4F -EXl -R -872
"RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR JOINT DEFENSE OF THE PRIMECO
LITIGATION"
In December, the Village Board approved an Intergovernmental
Agreement that required fifteen (15) communities to enter into that
Agreement before it became effective. Only thirteen (13) communities
entered Into that Agreement and subsequently, attorneys from all of the
DuPage County municipalities prepared a revised Agreement for point
defense that appears now that twenty five (25) DuPage County
Municipalities will be entering into. The Intergovernmental Agreement
provides for sharing of costs for defense of the Infrastructure
Maintenance Fee class action cases that seek refunds of those fees
collected from 1998 through January of 2002, when the Illinois
Supreme Court determined that the local Infrastructure Maintenance
Fees for wireless were unconstitutional. The Village of Oak Brook's
total exposure on both wireless and landline IMF is approximately
$1.575 million.
Motion by Trustee Konn, seconded by Trustee Caleel, for passage of
Resolution 2004 -AG- TELECOM - IMF -EXl -R -872, "Resolution to
Enter Into an Intergovernmental Agreement for Joint Defense of the
Primeco Litigation ", authorizing entry into a Joint Defense
Intergovernmental Agreement by and between certain DuPage County
municipalities for defense for a current or future Infrastructure
Maintenance Fee (IMF) class action litigation. ROLL CALL VOTE:
Ayes 5 - Trustees Aktipis, Caleel, Konn, Miologos and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
C. AWARD OF CONTRACTS: None.
9 NEW BUSINESS:
A CONFIRMATION OF APPOINTMENTS: None
B ORDINANCES & RESOLUTIONS:
VILLAGE OF OAK BROOK Minutes
lz�
Page 6 of 15 February 10, 2004
ORD /RES
RES 04 -AG-
TELCOM- IMF -EX I -
R-872 INTGOV
AGRMNT DEFEND
PRIMECO
AWARD CT
I NEW BUSINESS
I
CNFRM APPTS
O RD/ RES