Laserfiche WebLink
<br /> 11 <br /> I <br /> <br /> <br /> <br /> <br /> INTRODUCED BY: Mr. Sharpe, Jr. DATE: August 9, 2010 <br /> <br /> <br /> BILL NO.: 9084 ORDINANCE NO.: 6824 <br /> <br /> <br /> <br /> AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH <br /> T-MOBILE. <br /> <br /> <br /> WHEREAS, 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 /> <br /> WHEREAS, 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, 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 /> <br /> WHEREAS, 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 /> <br /> WHEREAS, 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 /> <br /> WHEREAS, the Plaintiff desires to approve and accept the Settlement Agreement and the <br /> settlement proceeds; <br /> <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br /> UNIVERSITY CITY, MISSOURI AS FOLLOWS: <br /> <br /> Section One. 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 />