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11 I INTRODUCED BY: Mr. Sharpe, Jr. DATE: August 9, 2010 BILL NO.: 9084 ORDINANCE NO.: 6824 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH T-MOBILE. 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 City of University City, Missouri, et al. v. AT&T Wireless, Services, Inc., et al., No. 01-CC-004454, and is pending in the Circuit Court of St. Louis County, Missouri (the "Lawsuit"); and WHEREAS, the Plaintiff and T-Mobile (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 T-Mobile, and was filed with and preliminarily approved by the Circuit Court of St. Louis County on June 28, 2010 (the "Settlement Agreement"); and WHEREAS, the Plaintiff and T-Mobile 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 the parties; and WHEREAS, pursuant to the Settlement Agreement, the Plaintiff has received a Notice of T- Mobile Class Action Settlement and Approval Hearing, incorporated herein by reference, and a T- Mobile Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the settlement proceeds that will be paid 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 settlement proceeds; NOW, THEREFORE, BE IT ORDAINED BY THE 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 T-Mobile, as if the City of University City, Missouri was an original signatory thereto.