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HomeMy WebLinkAbout2008-002 ATT Mobility Settlement Claim FormBILL N0.2008-tea, ORDINANCE N0.2008- ~~ AN ORDINANCE APPROVING A CLASS ACTION SETTLEMENT WITH AT&T MOBILITY CONCERNING GROSS RECEIPT TAX ON WIRELESS SERVICE WHEREAS, Section 705.010 of the Municipal Code of the City of Riverside, Missouri imposes a five percent (5%) tax on gross receipts from telephone services; and WHEREAS, a class action is pending in the Circuit Court of St. Louis County, Missouri, Case o. O1-CC-004454, captioned City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. et al. (the "Class Action Suit") in which plaintiffs contend that AT&T Mobility ("AT&T") did not pay taxes on gross receipts as required by the code of the City of University City, Missouri and other similarly situated municipalities; and WHEREAS, based on the information available to both sides, and the risks involved in a trail, the attorneys for the class have concluded that a settlement proposed by AT&T is fair, reasonable and adequate, and that it serves the best interests of the class members. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri: The Board of Aldermen determines that the proposed settlement of the Class Action Suit with AT&T is fair, reasonable, and in the best interests of the City and its citizens. 2. The settlement agreement as described in the Notice of Class Action Settlement and Approval Hearing attached hereto as Exhibit A is hereby approved. The Mayor is hereby authorized to execute the settlement claim form attached hereto as Exhibit B on behalf of the City, and to designate a part of the past tax payment to the Missouri Municipal League in recognition of the contribution of the Missouri Municipal League to the settlement. This Ordinance shall take effect immediately. PASSED by the Board of Aldermen of the City of Riverside, Missouri this ay of January 2008. ATTEST:. " f %' I seal] yor a EXHIBIT A IN THE CIRCUIT COURT OF 3T. LOUIS COUNTY STATE OF MISSOURI Case No. 01•CC••004A54 NOTICE OF CLASS ACTION SETTLEMENT AND APPROVAL NEARING To: C1t~iolltCv~nl~a --~- a.. ~_ _ - y orpJtoaa City of Univerelty CUy, Missouri, ae Individuals, and on behalf of all others almllariy situated and the general public, Plalntlffs, v. ATBT Wireless Services, Ina, et al, Defendants. This natlce explains the settlement of a lass adios lawsuit concerning business Iloense tax that muntdpatltles sought to impose on ATB T Mobility LLC Okla Cingular Wireless LLC and Its ai811ares. The selUemant has been preliminarily approved by the Court and provkles fw the payment of past taxes and future fazes to tllesa munldpatltles. PLEASE TAKE NOTICE THAT on April 18, 2008, Irt the Ciroufl Court of St. Loula County, Stnte of Miaaoud, 7900 Carondelet Avenue, Clayton, Missouri 63105, at 9:00 a.m., a hearing shah be conducted to determine whether to grant Mal approval io the settlement, consider any tlmely obJectlona to the settlement, end rule on the tee and expense appilcatlon aubmtlted by attomeys for the plaintiffs. No payment of peat taxes from AT87 MobiUty will be made available to municlpallUea under the settlement agreement until after the settlement has become final and non•appealable. Read this notice carehdty. You may bs erditled to share in the settlement proceeds of this lawsuti. Your rights to a monetary avrard may be atfeded. What la this lewsuft about? PlainUfls contend that ATBT Mobility did not pay taxes on.gross receipts delved Nom providing commerdal mobile red's services {colleotivdy, 'CMRS7, taxes for malntalnleg antainas w other facilities, arrd flat taxes with respect to providing such services, and fa~interest and/or penalties on any such taxes nd Umety paM, AT&T Mobility has denied these allegations and argued that These taxes did not apply io CMRS oUered by ATBT MobiUty. ~ •r : ~ •: •, Based on the informaUon•avallable to both sides, and the risks Involved in a trial, attorneys for the lass have concluded that fhe proposed settlement Is fair, reasonable, and adequate, and that it serves the best interests of lass members: • Who are the paAlee IO this class action? The named ptalnUUs In this dace alien are Ufa City of Biue Springs, Missouri, City of Cape Girardeau, Missouri, City of Chesterileld, Mssouri, City of De~rter, Miaaoud, Gty of Ellisvilie; Missouri, City of Ferguson, Missouri, City of Florissant, Missouri, City of Gladstone, Missouri, City of Independence, Missouri, Clty of Jennings, Missouri, Clty of Kiricsvllle, Mbaourt, City of IOrirwood, Missouri, Gty of Manchester, Missouri, City of Maplewood, Missouri, City of Maryland Heights, Missouri, Gty of Northwoods, Missouri, City of O'F~lon, Missouri, City of St. Joseph, Missouri, CUy of Visits Park, Missouri, City of Warson Woods, Missouri, Gty of Wellston, Missouri, City of Winchester, Mlssauri, and City of University City, Missouri. Plalntlfls filed this lawsuit as a lass action to assert their own indhriduai Balms and to represent a lass of munidpaliUes who have similar claims. The ATBT Mobility defendants and affiliates which are inducted in the setdement are Ameritech Mobfle Communications, LLC, Gngular VYlretess LLC, Gngular Wireless II, LLC, Eastern Missouri CeAular LP, Kansas City SMSA LP, Missouri RSA 8 LP, Miaaoud RSA 11h2 LP, Padflc BNI Wireless, LLC, Padflc Telesis Mobile Services, LLC, SL Joseph SMSA LP, Southwestern Bali Mobie Systems, LLC, Soulhwestem Bell Wireless, LLC, New Gnguiar Wireless Services, Ina, New Gngular Wireless PCS, LLC, MC CeflWar LLC, 7elecorp Communications, LLC, CeNular Mobile Systems of Miaaoud, Inc., ATBT Mobilty LLC, ATBT Mobility II LLC, Cingular Supply LLC, Orange Ucenses Holding, LLC, ATBT yNreless SeMces, Ina, AT&T Wireless PCS Inc., ATBT Wireless PCS, LLC, Amedbr~t Mobile Communications, Ina, Ameritech Wireless Communications, LLC, Bell South Mobility LLC, Cellutel, Inc., Galrcom Communications Group, Ina, Kansas Gty SMSA Hddings, Ina, McCaw Cellular Communications, LLC, Midwest Cellular Telephone LP, Missouri RSA 981 LP, New Gngular Wireless NaUonal.Acoounis, LLC, New MFC; LLC, Northwest Mlasouti Cellular tP, RAM Communications Group, LLC, Selman PCS LLC, Salmon PCS licensee, LLC, Southwestern ¢ell Mobile Systems, Irx:.,.SouUrvreslem Bell Wireless, tna, MC Cellular Corporetlan, Teiecorp CommuntpUons, Ina, and Tritel CommunlcaUons; Incr (oollflcdvety:'AT&T MoWlit~'). ; ; :.; . • ~ : •, . Oilier wireless service providers are'detendants to ~thls'dass albs.' The munlclpalUlss'~ claims against these other defendants are not being settled and will not be affected by the settlement agreement with ATBT Mobility. The lawsuit Is pending In the Ciradt Coud to SL Loula County, State l Missouri before Judge Bernhardt Drumm. What compenaaUon or benefits will the aetllement provide? The settlement, U it Is finally approved by the Court, provides far the payment of past lases and future taxes as desrxitxtd in Notice of Class Action Settlement and Approval Hearing -Page 1 of 5 983424 T' more detail blow. to addition, to the extent that AT&T Mobility has pakl any taxes ands protest and has initiated any tax protest actlans against you, those protest actions wiU be dismissed and the protested tax released uncondlUonally to you upon Ne edectlve date of the settlement: a. Payment of Past Taxes. The Settlement spedfles a past tax payment with respect to each munldpafity, and your past toot payment is shown below. TNe payment was determined as follows: (1) d you Impose a Business License Tax on gross receipts, Ure payment mdudes the amount of tax that would have been paid on AT&T Modlkys gross recetpts from providng teleoamtnunicaUons service fa the period beginnng September 1, 2005 and ending November 30, 2007, without regard to any interest or penalty (which shall not be considered in determinkrg the paymertu. This payment amount Is based an an estimate for November 20(17 that assumes the tax owed for November equaled the lease of the amount of fax fa October 2007 or an average of September and October, 2007. Once the actual tax fa November 21107, is known, an additional payment will be made to you try AT&T MobUity or a aedit wUl be albwed to AT&T Mobiity to account for any dUference 6elween the estimated and actual amount. PLUS (2) k you impose a flat tax on an annual or oU-er periodic bests, or impose a tax for maintaining an antenna or other fadlity, then the payment includes the amount of Urese taxes That would have bean paid fa any tax period that includes, in whole or in part, the period beginntng September 1, 2005 and ending November 30, 2007, without regard to any interest a penalty (which shall not be considered in determining the payment). MINUS (3) The sum of (I) any Business Ucense Tax, excluding Protested Taxes, actually paid by AT&7 Motility to 1rou for the period beginning September't, 21105, and ending November 30, 2007, plus pq the amount of Protested Tax paid by AT& T MoWk'ty for that period brat wfil be released to you by reason of the dismissals of cedain related tax protest actions (but not kx*rding aoaued Interest on those amounts), plus (III) the amount of Protested Tax paid by AT&T Mobility fa iha period July t, 2002 through Juna 30, 2005, (including Interest acaued Utereon at the rate agreed upon by the Parties) that will be released to you by reason of the dlandasals of certain related tax protest actions. The amount of the Past Tax Payment fa you pursuant to the Settlement is: Buslneas Licanss Tax on gross receipts for 8Hl200S through 11/30/07 of b~ 534758.21 easiness Lkenaa Tax of Iktrate o/50 per year for 9H/2005 through 1!/30/07 50 Business License Tax on 0 antenna(s) fa 8/1/2003 through 11/30/07 50 subtotal ;'34758.21 LESS tax paW and Protested Taxpa/d byA78T MobiOly drat w01 be released to you ¢13253.28 PASTTAX PAYMENT 52t504.85 b. Pavmanl of Future Taxes. AT&T Mobility has agreed to pay the applicable Business Lk:ense Tax for tax periods and partial tmc periods commenting on and after December 1,2007. Fa such taxes that are imposed with respect ro gross receipts sourced conslatant with the MoWte Telecammunicatlons Sourdng Act ('MTSA'), AT&T Mobli(ty vrifi pay suds taxes at the tax rates set forth In your adinarx:e on all receipts Iran provWtng TelecommunigUorts Service, Including re~celpts froiii ~y recall customer iiow a hen>afrer exeinpf from the state salsa tax, lwt exduotrig any doss of users excluded under your Business l.lceirse Taos The Agreement provides That you should spedfy the rate a rates at whidt ATB:T Mobility should pay future taxes If taut Business License Tax ordinance includes muWple rates appliable to 7elecommunlcaUonsSarvices. IF YOU ARE A MEMBER OF THE CLASS RECENINO THI8 NOTICE AND DO NOT FILE A CLAIM FORM, YOU WILL NOT BE ENTITLED TO RECENE ANY PAYMENT FOR PAST TAXES THAT ARE THE SUBJECT OF THIS LAWSUIT. 4. AreyouamemberoftlreclassT This notice has treert sent to you because you may be a member of a group of munidpaliltes (a class) for whom a settlement with AT&T MoblUry has been reached. The doss consists of all Missouri munldpallUes (except Clayton, Jefferson City and Spdngfleld, Missouri who have Imposed a business license tax on a before November 3D, 21X17, on provldere of telephone seMce, exchange telephone service, a any other type of tdeoommunicaUons service, including gross receipts taxes, flat- amount annul or other perlocfic mss, and antenna taxes. if ihe'subtolaY amount for you shovm In Section 3 above is zero (0), k signifies that according to records available to AT&T Mobfilly and class counsel you either do not have a Business Ilcerrse Tax a AT8<T Mobfilly dki not do business in your Mun~ipafity during the period from September 1, 2005 through November 30, 2007. If you disagree with this, you can subm(t Notice of Class Action Sedkment and Approval Hearing -Page 2 of 5 983424 an explanation fw the basis of your disagreement along with your Balm form es described In Section 8(b) bebw. What do you have to do to receive compenaaflon or benefits from the setUement~ In order to teoelve compensation or trerleflts from the setilemenl, your duly auUwdzed representative must timely submit the attached claim form providing: (1) your narrre and address; (2) Ute name, address and telephone number of your tidy authodzed representative(s), to whom aq inquldes regarding the Claim Forth and you Business Ucense Tax may be directed; (3) copies of the onlinances w murddpal Dods provisions Imposing your Business License Tax between September 1, 2005 and November 30, 2007; (4) copies of an ordinance enacted by you aoc~ttng and Wndng you to all terms and provisions of the Settlement Agreement and specifying the rate a rates at which future taxes should be paid by AT&T Mobility, if your Business Ucense Tax oMinance irxiudea mufdple rates, or-ff you can bind yourself to the Settlement Agreement without enacting an ordinance and chocee to do soinstead of shading anordinance--some other admovAadgment binding you to the terms of the Settlement Agreement if the agreement Is approved by the Court; and (5) the name and address to which your Past Tax Payment shall be rurde and malted by ATST Mobility. g you choose to adrnovdedge that you are bound by the Settlement Agreement without enacting an ordinance, then you will also need to provide an opinion of counsel, addressed to ATBS Mobility, that you are bound by the Selement Agreement. Tha deadlkre for filing a claim is BO days from the date of this Notice. Any claim that Is postmarked after this date will ba reJected end you will not be entitled to any class relief. What are your options? If you are a member of the class and have received this notice, you will have the following options: • Flle a claim ti you meet the aiteda set out In Section 5 above. • Do nothing, ther~y foregoing the possibility of receiving any doss relief. • Stay M the doss and file an ob)edbn q you disagree with any part of the settiement a the request fa altomays' fees a expenses. • Exclude yourself from the doss, whidr means you will not partidpate In any of the finandal benefits from the proposed selUement, wql not be bound by the releases made a Judgment entered in oonnedion wish the settlement, and will trot be permitted b ob)ed to any part of the settlement. The folowing sections explain the consequences of pursuing each optlon. a. What happens if you file a claim4 If you ere a Bass member and you complale and maU the enclosed claim form, and if the malted claim form is approved by AT&T Mobility, you wtil receive the payments described above once the aetUement has become final. Additionally, 'rf your claim form is approved, any tax protest adbns brought by AT&T MoblUly against you fa the tax pedods from July 1, 2002 to June 30, 2005 and September 1, 2005 through November 30, 2007 shall, upon Final Approval of the settlement, be d{smissed, and such protested amounts released to you. Any Business Ucense Tax payments made by AT&T Mobilty for the Intedm tax pedod between November 1, 2007 and the Fnal Approval of this settlement will deemed to be rrwde under protest and eaclr class member must hdd any such payments In a segregated account until Fnal Approval of this settlement at whkh pdnt, ti you have flied an approved claim form, all of these payments will be released to you. AT&T MoWllty wql also dismiss any protest actions filed with rasped to these paymerda. Udess you autrmlt a Request for Fxduslon (see Sedlon e(e) below), you will 6e prohibited from bdngin~ a tawsutl against AT&T'MoWtity based on a related to any of the claims asserted by the plaintiffs. If you file a claim tam, attorneys fa the class will ad as your representatlves while your claim Is processed at no cost to you. b. What happens H the Municipality disagrees with the amount of the Paat Tax Payment? Umler the terms of the settlement, a Municpality that disagrees with the Past Tax Payment amount may submit a detailed explanation as fo why it begeves the Paal Tax Payment was IncortecUy calcuated with its Claim Fam. In the event that AT&T MobilU disagrees with the Munidpalily's contention, AT&T Mobility is obligated to meal and confer In good faith with Class Counsel and representatives of the Munidpality In question in an effort to restive the issue. If shat such consuitaUon, the MuNdpality and AT&T Mobility cannot agree on the Past Tax Payment, the Past Tax Payment wntained in this Notice shall be the amount the Municpality is entitled io recetva pursuant to the Settlement. If the Munidpagty does not agree with the amount of the Past Tax Payment, It may either opt~orrt of the Settlement as sal forth fn Section 6(e) of this Notice, a nonetheless accept the amount of the Past Tax Payrnenl as calculated by AT87 Mobility. The aplout deadline shall be extended fa such Munidpegty fa a pedod of 30 days to resolve disputes related scaly to the amount of the Past Tax Payrrwnt. If the parties are unable to restive a disagreement as to the amount of the Past lax Payment after the consuitaUan set forth above, such dtsagrcement shall not be subject to other challenge or appeal. Notice of Class Action 8eHlement and Approval Hearing -Page 3 of 5 983424 c. What happens if you do not file a claim? Under the terms of the settlement, if you do not file a dalm form, you will not receive am payment for past texas a future taxes. Assuming the Court approves the settlement, and If you do not file a dalm, but do rrot subm0 a request far exduslon, you neveAheless wlil be prohibited from bringing or Jclning any lawsuit against ATBT Mobility based on or related to arty of the dalme asserted by the piaindffs. d. Howdo I file an ob)ection? You must state your objection in writing and Ole it with the Court postmarked no later than February 11, 2008. The ol~Ctlon ahouW be addressed to the Fbnorebie Bernhardt Drumm, Division 4 of tiro Ckcult Court of St. Louis County, State of Missouri, 7900 Carondelet Avenue, Claylen, Mlssoud 83105, and marked to indicate "objections to proposed settlement In qty ~ thrhreraKy Gtly, Missouri v. AT&T VWreless Servkes, lna of aL, Case No. Oi•CG•004454.' You moat simultaneously mall your obJecOon to plaintiffs' attorneys: John W. Hoffman Douglas R Sprang Korean TBlery, LLC 805 N. 7a Street, Suite 3600 St. Louts, MO 63101 Howard Papemer 9322 Manchester Road St. Louts, MO63119 and to ATBT MobIINy's attorneys: John F. Mulligan, Jr. 7700 Bonlromme Ave., Suite 200 gayton, MO 63105 Mark B. Leadbve Todd W. Ruskamp Bryan Cave LLP Shook, Hardy & Bacon LLP One Mebopoliten Square 2555 Grand Boulevard 211 North Broadway, Ste. 3600 Kansas qty, MO 04108 St. Louis MO 63102-2750 Included in any sudr objection must be a statement of the basis for your objection and a dedaretlon staring that you are a member of the class as desaibed In Sacdon 4 above, If you do not properly file and serve an objection by the requked date, any obJectlona you have to the aetdement x411 be waived. e. How do 1 exclude myself from the class? You Carr exclude yousdf from Oe class, which means you wYl not partlcipale in arty aspect of the settlement and you may pursue your own claims, H arty, at your own expense against fhe defendants. To exclude yourself, you must state your request to be excluded N wddng and delhrer or posMadc your request no later than February 11, 2008 to: Nancy Groninger ATBT ATBT MoblOly MEeeourl Municipal Tax Settlement Administrator Suhe 800 11780 U.S. Highway One North Palm Beach, FL 33406 You must almultanaously mall your excluaton request to plainflffe' attorneys: John W. Hoffman Douglas R. Sprong Korean Tillery, LLC 505 N. 7a SUeet, Suite 3600 St. Louis, MO 83101 Howard Papemer 9322 Manchester Road St. Louis, MO 63119 and to ATBT MobOlty' attorneys: Mark Leadlove Bryan Cave LLP One Melropoltan Square 211 North Broadway, Ste. 3800 St. Loula MO 83102-2750 Jahn F. Mulligan, Jr. 7700 Bonhomme Ave., Suite 2110 Clayton, MO 63105 Todd Ruskamp Shook, Hardy B Bacon LLP 2555 Grand Boulevard Kansas qty MO 64108 Notice of Class Action Sefllement and Approval Hearing -Page 4 of 5 983424 When will the Court conduct the Approval Nearing? The Court will conduct a puWb hearing to determine whether to approve the proposed settlement, and determine the amount of fees and expenses to be awarded to the albmeys fw the plainUlfs and the Bass, on Apri 18, 2008, at 9:00 a.m. Although Ure hearing wit be opan to iha pubic, you will not be permuted b speak In opposition b the issues above at the hearing unless you have filed a tlmely objedian b the settlement, w the atlomeys' fees and expenses in the mamrar described afxwe. If you have filed an objection, you may appear with your own counsel and be heard at the hearing. 8. How much money vAll fire attorneys ba paid and who will pay It? The attorneys for the pla(ntlffs and Ore loss will submit b the Court for approval a request for attorneys' fees and expenses In the amount of $ 10,916,000, to be paid by defendants. Addttlonalry, AT&T Mobiily has agreed to pay the law fkm of Cunningham, Vogel & host, P.C., who are not rises counsel and are rat affiliated with loss counsel, up to $ 65,OOOfw relmbureement of attorneys' fees and expenses Incurred by varicus munidpaiUes in this action and the related tax protest actions filed by AT&T Mobility. AT&T Mobility has agreed not ~ oppose an awaM of fans and expenses in the amount set forth h this Noibe. The Court will determine the amount of arty fees and expenses awarded to plainUUs' counsel, which will not be deducted from the aedils w refund payments made to the loss. The amount of money that any tndMdual dens member may receive will not depend upon the amount of fees w expenses awarded to counsel w the number of claim forms submitted. 9. Asslgnmentto the Mlaaourt Municipal League or 8t. Louts County Munklpal League The sefllem°rt allays you fo assign a portlon of your Past lax Payment, not b s?ccaed • live percent (596) of.the 'subbtai' amount shown In Section 3 above, to the Missouri Munldpal League w the St. Louts County Murddpel League of you are located within SL Louis County). If you wish to make such assignment, you may check the applicable bolt an the Claim Form. Additionally, the ordinance or other adian that you take making the seWemant erdoroaable against you must spedflcally authorize the making of this assi~ment. The amount of the past tax payment that you receive will be reduced by the amount ofthta asalgnmenL 10. Where can you get addl6onal lntormagon? This raUce provides only a summary of matters regarding the lawsuit. The documems, settlement agreement, and orders in the lawsuit provide greater detail and may clarify matters Unrt are described oNy In general w summary terms in this notice. Copies of the setUement.agreemant, other doaments, court orders, and other InfomurUon related b iha lawsuit may ba examined atlOCo:iltianfrsniaail~snc~f. You may also examine the settlement agrearnent, the Court orders and the other papers filed in the lawsuit at the Office of the Cleric d the Circuit Court of St. Loula County, Missouri at 7900 Carandelet Avenue, Clayton, Missouri 83105, during regular business hours. If you wish, you may seek the advice and guidance of your own alkuney, at your own expanse. If you wish to communicate with or obtain InfonnaUon tram attorneys tw fha doss, you may do so by letter at the addresses listed below. You should direct arty such inquiries concerning a claim w other matters described in this notice to plainGUs' a0omeys: John W. Hoffman John F. Muligan, Jr. Douglas R. Sprang 7700 Bonhomme Ave., Suite 200 Korein Tillery, LLC Clayton, MO 83105 505 N. 7a SUeet, Suite 3800 SI. Louts, MO 63101 Howard Papemar 9322 Atancheater Road . St. Louts, MO 63119 Please do not contact the Court, Counsel for ATBT Mobility, or any AT&T Mob11Ry repreeentagve for information. Doled: December 7, 2007 By order of the Circuit Court of St. Louts County, State of Missouri Honorable Bernhardt Drumm Nogce of Claae Action Settlement and Approval Heertng -gage 6 of 6 983424 ' ~ EXHIBIT B ATB~T Mobility Municipal Tax Settlement Claim Form City of Riverside 2960 NW Vivton Road Riverside, MO 84152 {f you want to participate in the Settlement, you must complete this form and submit it along with the necessary claim information to the address below, postmarked by February 25, 2008, after first reading the attached NOTICE. The Past Tax Payment that would be payable to you is as follows: Business License Tax on gross rece/pts for 9/1/2008 through 11/30/2007 at b% $34758.21 Business License Tax at flat rate of $0 per year for 9/1/2008 through 11/3l?/2007 ~ Business License Tax on 0 antenna(s) for 9/1/2008 through 11/30/2007 $g 7 2 subtotal LESS fax paid and Protested Tax paid by AT&T Mobility that will be released to you y21504 95 PAST TAX PAYMENT If you disagree with the amount of the Past Tax Payment, you must submit a deta[led explanation as to why you believe the amount was incorrectly calculated. If you are unable to agree with AT&T Mobility on the amount of the Past Tax Payment, you may either opt-out of the settlement or accept the amount of the Past Tax Payment as calculated by AT&T Mobility. Please Indicate where your Past Tax Payment should be sent by checking one of tho following two options: a OPTION 1: Make the check payable in the name of the Municipality listed above and mail It to the duly authorized representative listed below; OR OPTION 2: Make the Past Tax Payment as follows: Make Check Payable To:_ Mall Check to the Attentfan Street Address City, State, Zip 6 If you wish to assign part of your Past Tax Payment to the Missouri Municipal League or the St. Louis County a amount League (If you are located within St. Louis County), please mark this box and enter the amount here: $ may not exceed $_~• Please Nots: the amount of the Past Tax Payment you receive will be irectly reduced by the amount assigned to the Missouri Municipal League or St. Louis County Municipal League. 983422 Claim Form -Page 1 of 2 GLAIM InFORMATION In order to obtain the benefits of the Settlement, you must attach BOTH of the following to this Claim Form: ^ Copies of the ordinances or municipal code provisions Imposing Business Lloense Tax between September 1, 2005 and November 30, 2007. ^ Copies of an ordinance enacted by the Municipality accepting all terms and provisions of the Settlement Agreement and specifying the rate or rates at which future taxes should be paid by AT&T Mobility, If your Business License Tax ordinance includes multiple rates, or other acknovuledgmentthst the Muniolpalriy agrees to be bound by the terms of the Settlement Agreement ff approved by the Court as well as an opinion of counsel, addressed to AT&T Mobility, that the Settlement Agreement, ff approved by the Court, la a binding obligation of the Municipality. If you have elected to make an assignment to the Missouri Municipal League or St. Louis County Municipal League, the ordinance or other acknowledgment must expressly authorize the assignment. The Municlpaiity's duly is: to whom all inquiries regarding this Cialm Form may be directed, The Municipality's duly authorized representative, to whom all Inquiries regarding Its Business License Tax may be directed, is: ^ Same as above m/otner: Telephone ndmbee~,(J2= ,~ ,~° , ,~ ~ ~y~s~ I certify that: 1. 1 am authorized to submit the Claim Form on behalf of the Municipality IdeMffied above and to make the representations set forth in this Claim Form on behalf of the Municipalfty; 2. After due inquiry, the information contained in and submitted with this Claim Form is complete and accurate to the best of my knowledge and that of the Municipality; 3. The Municipality agrees to be bound by the terms of the Settlement Agreement if approved by the Court; and 4. Prior to submitting the Claim Form, the MunidpalHy has taken all actions necessary for the Settlement Agreem nt to be enforce ble gal the Municipality. -~r8~ Sin u f ly Authoriz d e entative Date ~ D ~ ~ ~~ it e G~ (~y Prl eel Name MAIL YOUR COMPLETED CLAIM FORM TO: Nancy Groninger AT&T AT&T Mobility Missouri Municipal Tax Settlement Administrator 11780 U.S. Highway One, Suite 600 North Palm Beach. FL 33408 963422 Claim Form -Page 2 of 2 ... . CHAPTER 705: UTQ,ITY GROSS RECEIPTS TAR ~ Editor's Note-Ord. no. 2004-63 §l, adopted May 2, 2006, states that for the purpose of complying with the Act until a ,final determination by the Missouri Supreme Court whether the Act is constittaional and e-~orceable with respect to any cost, fee or tax imposed by the Atty. the (,Yry Administrator is hereby authorized to promulgate and publish a revenue neutral tax rate, e, fiective .Tidy 1. 2006, on all persons and companies engaged in the business of providing telecommunications services equal to four and nine-tenths percent (4.996) of the gross receipts from the retail sale of domestic, commercial and industtial tsleeommuniaa~tions services in the GYry which are subject to taxaKon under Sections 144.010 and 144.020, RSMo. Effective July 1, 2006, to the extent then required by the act, section 705.010 of this code shall be deemed to conform to the requirements of the act. Ordinance Number 369 was passed in compliance with HB209 of the 2006 Missouri Legislative session. Provisions contained in HB209 were subsequently deemed unconstitutional by the Missouri Supreme Court on August 8, 2006 in Gary of Springfield: Appellant V Sprint Spectrum, L.P., Respondent Case No. SC87238. SECTION 705.010: UTILITY TAX Every gas, electricity, water or telephone company and every corporation, company, association, joint stock company or association, partnership and person, th®ir lessces, trustces or receivers appointed by any court whatsoever, owning, operating, managing, leasing or controlling a gas, electricity, water or telephone plant or system for the manufacture, distribution, sale or furnishing of gas (natural or manufactured), electricity, water or telephone service, shall, In addition to all other taxes, payments or requirements now or hereinafter required by law or City ordinance, pay to the .~ City as a license fee a sum equal to five percent (596) of the licensee's gross receipts from the sale of gas, electricity, water or telephone service sold for domestic, commercial and industrial purposes within the limits of the City under the licensee's applicable rate schedules on file with and approved by the Public Service Commission of Missouri. Provided however, said gross receipts shall not include any receipts collected by the utility pursuant to the City's sales tax nor any receipts collected pursuant to this Chapter. This licensee shall no later than 1?ebruary first (1st) and August first (1st) respectively of each year make a report to the Governing Body of the CIty of its said gross receipts for the six (6) month period preceding December thirty-first (31st) and June thirtieth (30th) respectively and at the time of making such reports shall pay into the City Treasury the aforesaid license fee based upon the gross receipts so reported. The acceptance of such fees shall not prejudice the right of the City to collcet any additional fte thereafter found to be due upon its gross receipts for any period by reason of its inability to determine accurately the amount properly due, licensee shall be entitled following a determination of the overpayment to deduct such overpayment and receive a credit therefor against the amount of license fee due for the next succeeding period or periods following the determination of the overpayment. The City, by its duly authorized representatives, shall have the right, at al! reasonable times doting business hours, to make such examinations and inspections of the books of such licensee as may be necessary to determine the correctness of such reports. The City shall have the right, at its own expense, to employ the same accountants who make the annual audit of the books, records and accounts of the business of the licensee, to audit, at the same time, the licensee's accounts sari records and certify as to the correctness of any payments due and payable by the licensee to the City. The City tray at its option employ independent accountants to inspect the books, records and accounts of the licensee. (CC 1971 §12.17; Ord. No. 77-7 §1, 5-3-77; Ord. No. 78-1 §l, 1-3-78; Ord. No. 90-3 §1, 1-2-90) 561 Sapp. i122, 8/06