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INTRODUCED BY: Mr. Price DATE: July 20, 2009 BILL NO.: 9045 ORDINANCE NO.: 6790 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH AT&T/SBC LANDLINE. WHEREAS, the City of University City, Missouri (the "Plaintiff') is either a named plaintiff or a putative class member in a lawsuit to recover unpaid Business License Taxes (as defined in the Settlement Agreement described below), which lawsuit is styled State of Missouri, et al. v. SBC Communications, et al., No. 044-02645, and is pending in the Circuit Court of St. Louis City, Missouri (the "Lawsuit"); and WHEREAS, the Plaintiff and Defendants (as defined in the Settlement Agreement) wish to avoid the expense and uncertainty of continued litigation and desire to settle their dispute(s) without further litigation; and WHEREAS, a settlement agreement settling the Lawsuit was signed by the named plaintiffs (as class representatives) and Defendants, and was filed with and preliminarily approved by the Circuit Court of St. Louis City on June 26, 2009 (the "Settlement Agreement"); and WHEREAS, the Plaintiff and AT&T have conducted an investigation and evaluation of the facts and the law relating to the claims in the Lawsuit and believe that the Settlement Agreement is fair, reasonable, adequate and in the best interest of all of the parties; and WHEREAS, pursuant to the Settlement Agreement, the Plaintiff has received a Notice of AT&T Class Action Settlement and Approval Hearing, incorporated herein by reference, and an AT&T Landline Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the estimated Back Tax Payment (as defined in the Settlement Agreement) that will be paid and released to the Plaintiff pursuant to the Settlement Agreement after the Settlement Agreement becomes Final (as defined in the Settlement Agreement); and WHEREAS, the Plaintiff desires to approve and accept the Settlement Agreement and the estimated Back Tax Payment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY CITY, MISSOURI AS FOLLOWS: Section One. The City of University City, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of University City, Missouri and Defendants, and as if the City of University City, Missouri was an original signatory thereto.