R-934 - 01/10/2006 - AGREEMENT - ResolutionsRESOLUTION 2006 -AG- TELECOM -R -934
RESOLUTION APPROVING A SECOND 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 of 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 and first amended
settlement of the DuPage Primeco Litigation on terms heretofore approved by the Village, and
WHEREAS, the Court has recommended and the members of the DuPage Defense Consortium
have determined to further amend the settlement, and the Court has given its preliminary approval of that
second amended settlement,
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS AS FOLLOWS
Section 1 That the Village hereby agrees that the DuPage Primeco Litigation be settled
upon terms as set out by Circuit Judge Hollis Webster on November 23, 2005 and as memorialized in the
Holland & Knight memorandum of December 5, 2005 to its DuPage Defense Consortium clients, on file
with the Village
Section 2 That the President is authorized to sign and the Village Clerk is authorized and
directed to attest to a Settlement Agreement prepared in conformity with the terms of the amended
settlement as set out in that Holland & Knight memorandum of December 5, 2005
Section 3 All resolutions or parts of resolutions in conflict with this resolution are hereby
repealed to the extent of the conflict
Section 4 This resolution shall be in full force and effect from and after its passage and
approval as required by law
APPROVED THIS 10th day of January, 2006
Kevinyb6inlan
Vill e President
PASSED THIS 10th day of January, 2006
Ayes Trustees Aktipis Kennedy Manofsky, Sanford and Yusuf
Nays None
Absent
Crai
Village Clerk
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