AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH AT&T/SBC LANDLINE
WHEREAS, the City of Rich Hill of Bates, 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 [and further desires to assign a portion of the proceeds to the St. Louis County or the Missouri Municipal League as provided therein];
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI AS FOLLOWS:
Section One. The City of Rich Hill of Rich Hill, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of Rich Hill of Rich Hill, Missouri and Defendants, and as if the City of Rich Hill of Rich Hill, Missouri was an original signatory thereto.
Section Two. The City of Rich Hill of Rich Hill, Missouri further approves the estimated Back Tax Payment of $9.96 as shown on the AT&T Landline Municipal Tax Settlement Claim Form (subject to adjustment as provided by the Settlement Agreement), along with the other relief provided in the Settlement Agreement, as adequate consideration for the release of claims by the City of Rich Hill of Rich Hill, Missouri against Defendants.
Section Three. The Mayor of the City of Rich Hill of Rich Hill, Missouri, on behalf of the Plaintiff, is hereby authorized and directed to execute the AT&T Landline Municipal Tax Settlement Claim Form and any other documents necessary under the Settlement Agreement.
Section Four. This Ordinance shall be in full force and effect after passage and approval as required by law.
PASSED AND APPROVED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL OF RICH HILL, MISSOURI, THIS 8TH DAY OF SEPTEMBER 2009.
Richard Miller, Mayor Rebecca Rich, City Clerk
AYES: Billingsley, Pilcher, Dahman, Knowles