R-07-02VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R -07 -02
A RESOLUTION AUTHORIZING APPLICATION FOR A GRANT
UNDER THE INFRASTRUCTURE MAINTENANCE FEE LITIGATION
CYPRES COMMITTEE'S GENERAL AUTHORITY TO MAKE SUCH GRANTS
WHEREAS, in 1997, the State of Illinois enacted the Telecommunications Infrastructure
Maintenance Fee (IMF) Act, which authorized the imposition of a fee of 1% of the gross charges
on wireless retailers. Municipalities throughout the state imposed the IMF on
telecommunications bills from January 1, 1998 through February 7, 2002; and,
WHEREAS, in 1998, a lawsuit was filed challenging the fee, which the court ruled
unconstitutional and, upon appeal, the Illinois Supreme Court affirmed the unconstitutionality of
the Municipal IMF only as it applied to wireless retailers; and,
WHEREAS, in 2000, municipalities that imposed the IMF were joined as defendants in
a class action lawsuit that asserted the unconstitutionality of the Infrastructure Maintenance Fee
and sought refunds of the IMF; and,
WHEREAS, as of October 18, 2005, a settlement was approved that required defendant
class members to pay into a settlement fund 70% of the amounts collected through the Municipal
IMF for wireless telecommunications services; and,
WHEREAS, the trial court retained jurisdiction of the matter to distribute the settlement
fund in accordance with cy pres principles, or for its "next best" use. The settlement fund will be
distributed as follows:
$ 60% (sixty percent) for municipal emergency 9 -1 -1 telecommunications programs
located anywhere within the State of Illinois; and
$ 40% (forty percent) for medical facilities providing emergency care to indigent
patients located in areas outside the six - county northeastern Illinois region; and
WHEREAS, the court has established a three person committee (the "Cy Pres
Committee ") to make recommendations as to how the cy pres grants will be distributed;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the Village of Deerfield hereby requests use of the
telecommunications infrastructure maintenance fee cy pres funds for the purposes described in
this application.
SECTION 2: That the Chief of Police of the Deerfield Police Department is authorized
and directed to, file an application on behalf of the Village of Deerfield with the Cy Pres
Committee for a grant for 9 -1 -1 Emergency Management Improvements and Redundnacy.
SECTION 3: That the funds applied for will be expended consistent with the recitals in
the application.
SECTION 4: That the Chief of Police is further authorized to furnish such additional
information, assurances, certifications and amendments as the Cy Pres Committee may require in
connection with this grant application.
SECTION 5: That the Chief of Police and the Village Clerk are further authorized and
directed on behalf of the Village of Deerfield to, respectively, execute and attest a grant
application and all subsequent amendments thereto between the Village of Deerfield and the Cy
Pres Committee.
SECTION 6: That the Chief of Police is authorized and directed to take such other and
further action as may be necessary or appropriate to implement, administer and enforce said
applications and all subsequent amendments thereto on behalf of the Village of Deerfield.
SECTION 7: That the Village of Deerfield will provide the Cy Pres Committee with a
certification of a certified public accountant certifying that the grant funds were expended in
conformity with the formal application of the use of the funds to ensure compliance with the
grant program. Certification will be provided within 90 days of a request by the Cy Pres
Committee.
SECTION 8: That this Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED this 16th day of January , 2007.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 16th day
ATTEST:
Village C16*rk