HomeMy WebLinkAboutRESOLUTIONS-2006-079-R-0612/15/2006
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79-R-06
A RESOLUTION
Authorizing the City Manager to Apply for a Grant under the
Infrastructure Maintenance Fee Litigation Cy Pres 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 one percent (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 the settlement fund seventy percent
(70%) of the amounts collected through the Municipal IMF for wireless
telecommunications services; and
- WHEREAS, the Court will distribute the settlement fund in accordance
with cy pres principles, or for its "next best" use. The settlement fund will be
• distributed as follows:
79-R-06
• Sixty percent (60%) for municipal emergency 9-1-1
telecommunications programs located anywhere within the State of Illinois; and •
• Forty percent (40%) 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 (3) -person committee (Cy
Pres Committee) to make recommendations as to how the cy pres grants will be
distributed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City of Evanston hereby requests use of the
telecommunications infrastructure maintenance fee cy pres funds for the purposes
described in this application.
SECTION 2: That the City Manager is hereby authorized to file an
application on behalf of the City of Evanston with the Cy Pres Committee for a grant for
use as described in this application.
SECTION 3: That the funds applied for will be expended consistent with
the recitals in the application.
SECTION 4: That the City Manager is hereby 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 City manager is hereby authorized and directed on
behalf of the City of Evanston to execute and deliver a grant application and all
subsequent amendments thereto between the City of Evanston and the Cy Pres •
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79-R-06
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Committee, and the Clerk of the City of Evanston is authorized and directed on behalf of
the City of Evanston to attest said applications and all subsequent amendments thereto.
SECTION 6: That the City Manager is authorized and directed to take ..
such action as is necessary or appropriate to implement, administer, and enforce said
applications and all subsequent amendments thereto on behalf of the City of Evanston.
SECTION 7: That the City of Evanston 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 ninety
(90) days of a request by the Cy Pres Committee.
SECTION 8: That this Resolution 79-R-06 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Lo raine H. Mo /on,ayor
Attest:
Mary P. o i it Clerk
Adopted: ,c R , 2007
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