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<br />INTRODUCED BY: <br /> <br />Ms. Ricci <br /> <br />DATE: January 15, 2008 <br /> <br />BILL NO.: 8976 <br /> <br />ORDINANCE NO.: 6729 <br /> <br />AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH <br />SPRINT NEXTEL. <br /> <br />WHEREAS, 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. A T& 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 /> <br />WHEREAS, the Plaintiff and Sprint Nextel (as defined in the Settlement <br />Agreement) wish to avoid the expense and uncertainty of continued litigation and <br />desire to settle their dispute(s) without further litigation; and <br /> <br />WHEREAS, a settlement agreement settling the Lawsuit was signed by <br />the named plaintiffs (as class representatives) and Sprint Nextel, and was filed <br />with and preliminarily approved by the Circuit Court of St. Louis County on <br />December 20,2007, (the "Settlement Agreement"); and <br /> <br />WHEREAS, the Plaintiff and Sprint Nextel 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 /> <br />WHEREAS, 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 Sprint Nextel Municipal Tax Settlement Claim Form, <br />incorporated herein by reference, which identify the Total Past Tax Consideration <br />(as defined in the Settlement Agreement) that will be paid and released to the <br />Plaintiff pursuant to the Settlement Agreement after the Settlement Agreement <br />becomes Final (as defined in the Settlement Agreement); and <br /> <br />WHEREAS, the Plaintiff desires to approve and accept the Settlement <br />Agreement and the Total Past Tax Consideration. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCil OF THE <br />CITY OF UNIVERSITY CITY, MISSOURI, AS FOllOWS: <br /> <br />Section One. The City of University City, Missouri hereby approves, <br />accepts, and adopts all terms and provisions of the Settlement Agreement as a <br />