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<br /> <br />INTRODUCED BY: ____________ DATE: October 1, 2007 <br /> <br />BILL NO.:_________ ORDINANCE NO.: ______ <br /> <br />AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH VERIZON <br />WIRELESS AND ASSIGNING A PERCENTAGE OF THE SETTLEMENT <br />PROCEEDS TO THE ST. LOUIS COUNTY MUNICIPAL LEAGUE <br />. <br /> <br />WHEREAS <br /> , the City of University City, Missouri (the “Plaintiff”) is either a named <br />plaintiff or a putative class member in a lawsuit to recover unpaid Business License Taxes <br />(as defined in the Settlement Agreement described below), which lawsuit is styled City of <br />University City, Missouri, et al. v. AT&T Wireless, Services, Inc., et al., No. 01-CC-004454, <br />and is pending in the Circuit Court of St. Louis County, Missouri (the “Lawsuit”); and <br /> <br />WHEREAS <br /> , the Plaintiff and Verizon Wireless (as defined in the Settlement <br />Agreement) wish to avoid the expense and uncertainty of continued litigation and desire to <br />settle their dispute(s) without further litigation; and <br /> <br />WHEREAS <br /> , a settlement agreement settling the Lawsuit was signed by the named <br />plaintiffs (as class representatives) and Verizon Wireless, and was filed with and <br />preliminarily approved by the Circuit Court of St. Louis County on August 30, 2007 (the <br />“Settlement Agreement”); and <br /> <br />WHEREAS <br /> , the Plaintiff and Verizon Wireless have conducted an investigation and <br />evaluation of the facts and the law relating to the claims in the Lawsuit and believe that the <br />Settlement Agreement is fair, reasonable, adequate and in the best interest of all the <br />parties; and <br /> <br />WHEREAS <br /> , pursuant to the Settlement Agreement, the Plaintiff has received a <br />Notice of Class Action Settlement and Approval Hearing, incorporated herein by reference, <br />and a Verizon Wireless Municipal Tax Settlement Claim Form, incorporated herein by <br />reference, which identify the Total Past Tax Consideration (as defined in the Settlement <br />Agreement) that will be paid and released to the Plaintiff pursuant to the Settlement <br />Agreement after the Settlement Agreement becomes Final (as defined in the Settlement <br />Agreement); and <br /> <br />WHEREAS <br /> , the Plaintiff desires to approve and accept the Settlement Agreement <br />and the Total Past Tax Consideration and further desires to assign a portion of the <br />proceeds to the St. Louis County Municipal League as provided therein. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br /> <br />UNIVERSITY CITY, MISSOURI, AS FOLLOWS: <br /> <br /> <br />Section One. <br /> The City of University City, Missouri hereby approves, accepts, and <br />adopts all terms and provisions of the Settlement Agreement as a binding and enforceable <br />K-2-b <br />October 1, 2007 <br /> <br />