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INTRODUCED BY: Arthur Sharpe, Jr. DATE: October 1, 2007 <br />8959 <br />BILL NO.: ORDINANCE NO.: <br />AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH <br />VERIZON WIRELESS AND ASSIGNING A PERCENTAGE OF THE <br />SETTLEMENT PROCEEDS TO THE ST. LOUIS COUNTY MUNICIPAL <br />LEAGUE <br />. <br />WHEREAS <br />, the City of University City, Missouri (the “Plaintiff”) is either a <br />named plaintiff or a putative class member in a lawsuit to recover unpaid <br />Business License Taxes (as defined in the Settlement Agreement described <br />below), which lawsuit is styled City of University City, Missouri, et al. v. AT&T <br />Wireless, Services, Inc., et al., No. 01-CC-004454, and is pending in the Circuit <br />Court of St. Louis County, Missouri (the “Lawsuit”); and <br />WHEREAS <br />, the Plaintiff and Verizon Wireless (as defined in the <br />Settlement Agreement) wish to avoid the expense and uncertainty of continued <br />litigation and desire to settle their dispute(s) without further litigation; and <br />WHEREAS <br />, a settlement agreement settling the Lawsuit was signed by <br />the named plaintiffs (as class representatives) and Verizon Wireless, and was <br />filed with and preliminarily approved by the Circuit Court of St. Louis County on <br />August 30, 2007 (the “Settlement Agreement”); and <br />WHEREAS <br />, the Plaintiff and Verizon Wireless have conducted an <br />investigation and evaluation of the facts and the law relating to the claims in the <br />Lawsuit and believe that the Settlement Agreement is fair, reasonable, adequate <br />and in the best interest of all the parties; and <br />WHEREAS <br />, pursuant to the Settlement Agreement, the Plaintiff has <br />received a Notice of Class Action Settlement and Approval Hearing, incorporated <br />herein by reference, and a Verizon Wireless Municipal Tax Settlement Claim <br />Form, incorporated herein by reference, which identify the Total Past Tax <br />Consideration (as defined in the Settlement Agreement) that will be paid and <br />released to the Plaintiff pursuant to the Settlement Agreement after the <br />Settlement Agreement becomes Final (as defined in the Settlement Agreement); <br />and <br />WHEREAS <br />, the Plaintiff desires to approve and accept the Settlement <br />Agreement and the Total Past Tax Consideration and further desires to assign a <br />portion of the proceeds to the St. Louis County Municipal League as provided <br />therein. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE <br />CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: <br /> <br />