AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH ALLTEL
WHEREAS, the City of Rich Hill of Bates County, 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 Alltel (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 Alltel, and was filed with and preliminarily approved by the Circuit Court of St. Louis County on March 11, 2010 (the “Settlement Agreement”); and
WHEREAS, the Plaintiff and Alltel 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 Class Action Settlement and Approval Hearing, incorporated herein by reference, and an Alltel Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the Past Tax Payment (as defined in the Settlement Agreement) 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 Past 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 OF BATES COUNTY, MISSOURI AS FOLLOWS:
Section One. The City of Rich Hill of Bates County, 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 Bates County, Missouri and Alltel, and as if the City of Rich Hill of Bates County, Missouri was an original signatory thereto.
Section Two. The City of Rich Hill of Bates County, Missouri further approves the Past Tax Payment of $14,831.55 as shown on the Alltel Municipal Tax Settlement Claim Form, 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 Bates County, Missouri against Alltel as provided for in the Settlement Agreement.
Section Three. The Mayor of the City of Rich Hill of Bates County,Missouri, on behalf of the Plaintiff, is hereby authorized and directed to execute the Alltel Municipal Tax Settlement Claim Form and any other documents necessary under the Settlement Agreement.
Section Four. The City ofRich Hill ofBates County,Missouri, reserves the right to conclude settlement agreements with other wireless telecommunications service providers in the Lawsuit depending upon the circumstances of each case.
Section Five. 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 BATES COUNTY, MISSOURI, THIS 27TH DAY OF APRIL, 2010.
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Richard Miller, Mayor
ATTEST:
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Rebecca Rich, City Clerk
Ayes: Becker, Dahman, Pilcher, Billingsley
Nays: None
