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INTRODUCED BY: _______________ DATE: _______________ <br />BILL NO.: _______________ ORDINANCE NO.: ______________ <br />AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH <br />T-MOBILE. <br />WHEREAS <br />, the City of University City, Missouri (the “Plaintiff”) is either a named plaintiff <br />or a putative class member in a lawsuit to recover unpaid Business License Taxes (as defined in the <br />Settlement Agreement described below), which lawsuit is styled City of University City, Missouri, et <br />al. v. AT&T Wireless, Services, Inc., et al., No. 01-CC-004454, and is pending in the Circuit Court of <br />St. Louis County, Missouri (the “Lawsuit”); and <br />WHEREAS <br />, the Plaintiff and T-Mobile (as defined in the Settlement Agreement) wish to <br />avoid the expense and uncertainty of continued litigation and desire to settle their dispute(s) without <br />further litigation; and <br />WHEREAS <br />, a settlement agreement settling the Lawsuit was signed by the named plaintiffs <br />(as class representatives) and T-Mobile, and was filed with and preliminarily approved by the Circuit <br />Court of St. Louis County on June 28, 2010 (the “Settlement Agreement”); and <br />WHEREAS <br />, the Plaintiff and T-Mobile have conducted an investigation and evaluation of <br />the facts and the law relating to the claims in the Lawsuit and believe that the Settlement Agreement <br />is fair, reasonable, adequate and in the best interest of all the parties; and <br />WHEREAS <br />, pursuant to the Settlement Agreement, the Plaintiff has received a Notice of T- <br />Mobile Class Action Settlement and Approval Hearing, incorporated herein by reference, and a T- <br />Mobile Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the <br />settlement proceeds that will be paid to the Plaintiff pursuant to the Settlement Agreement after the <br />Settlement Agreement becomes Final (as defined in the Settlement Agreement); and <br />WHEREAS <br />, the Plaintiff desires to approve and accept the Settlement Agreement and the <br />settlement proceeds; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />UNIVERSITY CITY, MISSOURI AS FOLLOWS: <br />Section One. <br />The City of University City, Missouri hereby approves, accepts, and adopts all <br />terms and provisions of the Settlement Agreement as a binding and enforceable agreement between <br />the City of University City, Missouri and T-Mobile, as if the City of University City, Missouri was <br />an original signatory thereto. <br />Section Two. <br /> The City of University City, Missouri further approves the payment(s) totaling <br /> <br />