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INTRODUCED BY: ____________ DATE: _________________ <br />BILL NO.:_________ ORDINANCE NO.: __(a)___ <br />AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH <br />AT&T MOBILITY 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 Business <br />License Taxes (as defined in the Settlement Agreement described below), which lawsuit <br />is styled City of University City, Missouri, et al. v. AT&T Wireless, Services, Inc., et al., <br />No. 01-CC-004454, and is pending in the Circuit Court of St. Louis County, Missouri <br />(the “Lawsuit”); and <br />WHEREAS <br />, the Plaintiff and AT&T Mobility (as defined in the Settlement <br />Agreement) wish to avoid the expense and uncertainty of continued litigation and desire <br />to settle their dispute(s) without further litigation; and <br />WHEREAS <br />, a settlement agreement settling the Lawsuit was signed by the <br />named plaintiffs (as class representatives) and AT&T Mobility, and was filed with and <br />preliminarily approved by the Circuit Court of St. Louis County on December 7, 2007, <br />(the “Settlement Agreement”); and <br />WHEREAS <br />, the Plaintiff and AT&T Mobility have conducted an investigation <br />and evaluation of the facts and the law relating to the claims in the Lawsuit and believe <br />that the Settlement Agreement is fair, reasonable, adequate and in the best interest of all <br />the parties; and <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 <br />reference, and an AT&T Mobility Municipal Tax Settlement Claim Form, incorporated <br />herein by reference, which identify the Total Past Tax Consideration (as defined in the <br />Settlement Agreement) that will be paid and released to the Plaintiff pursuant to the <br />Settlement Agreement after the Settlement Agreement becomes Final (as defined in the <br />Settlement Agreement); 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 portion of <br />the proceeds to the St. Louis County Municipal League as provided therein. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE <br />CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: <br /> <br />