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Home My WebLink About2009-097 - AT&T / SBC Landline BILL NO. oS ~D7 - ~ ORDINANCE NO. o2DO - AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH AT&T/SBC LANOLINE WHERF,AS, the City of Riverside, Missouri {the "Plaintiffi') 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 Gity, Missouri (the "Lawsuif~; and WHEREAS, the Plainriff 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 ATBr.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 Settlemeni 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 as provided therein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section One. The City of Riverside, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of Riverside, Missom~i and Defendants, and as if the City of Riverside, Missouri. was an original signatory thereto. Section Two. T1te City of Riverside, Missouri further approves the estimated Back 1'ax Payment of $60,328.00 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 Riverside, Missouri against Defendants. Section Three. The Mayor of the City of Kivetside, Missouri, on behalf of the Plaintiff, is hereby authorized and directed to execute the AT&T Landline Municipal "fax 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. ~~ASSED AND P~~ BY THE CITY OF RIVERSIDE, ]MISSOURI, THIS ~_DAY OF , 2009. Mayor Kathleen l.. Rose A 'E~ City Clerk EXHIBIT B AT&T Mobility Municipal Tax Settlement Claim Form City of Riverside 2950 NW Vivion Road Riverside, MO 64152 If you want to participate in the Settlement, you must complete th(s form and submit it along with the necessary claim information to the address below, postmarked by September 15, 2009, after first reading the attached NOTICE. The Back Tax Payment that is estimated would be payable to you was calculated using the following formula: S65M Amt. of attorneys' foes approved A - B Gross receipts BLT paid or to be Taxable Sales of SBC LD in 2008 in Class Member's BLT Rau Effective E x F D+G Sum of all the entries in the D Column Sum of all the entries in the G Column I +J H /K C z L by the C rt paid by AT&T Class M b on 6/30/08 This will This will ou em er Missouri under MO For Class equate to equate to ~~, in 2008 to State Members Total Amt. of Total Amt. of '. a Class Sales Tax with dual grass receipts Taxable Sales ', Member on BLT retes, BLT paid or of SBC LD '. Telecom. or a BLT to be paid by statewide in rate for AT&T 2008 under '. business Missouri MO State customers statewide in Sales Tax on ', only, a 2008 to St. Telecom for blended Louis County St. Louis BLT rate and County and was used Municipalities Municipalities (does NOT (does NOT include City include Ciry of of Springfield, Springfield, City of St. or City of St. Louis, City of Louis) Cape multiplied by Girardeau) appropriate BLT rates The Back Tax Payment that is estimated would be payable to you is: $60,328.80. Because the formula for calculating the Back Tax payment depends on the calculations of each Class Member's 2008 Business License Tax payment, it is possible that a municipality's share of the amount to be distributed pursuant to the Settlement may change if Defendants approve an adjustment to the calculations pursuant to a Class Member's appeal to Defendants under Section IV.H. of the Settlement Agreement, or otherwise. If you disagree with the amount of the Back Tax Payment, you must submit a detailed explanation as to why you believe the amount was incorrectly calculated. If you are unable to agree with AT&T Missouri and SBC Long Distance, LLC on the amount of the Back Tax Payment, you may either opt out of the settlement or accept the amount of the Back Tax Payment as calculated by ATBrT Missouri and SBC Long Distance, LLC. Claim Form -Page 1 of 4 Please indicate where your Back Tax Payment should be sent by checking one of the following three options: ^ OPTION t: Pay the Back Tax Payment in the same manner in which AT&T Missouri currently remits its gross receipts license tax payment, including via wire transfer, if applicable; OR OPTION 2: Make the check payable in the name of the Municipality listed above and mail it to the duly authorized representative listed below; OR ^ OPTION 3: Make the Back Tax Payment as follows: Make Check Payable T Mail Check to the Atten Street Address City, State, Zip If you wish to assign part of your Back Tax Payment to the Missouri Municipal League or the St. Louis County Municipal, League (if you are located within St. Lou_ is County), please mark this box and enter the amount here: $,~~ ;the amount may not exceed $~,_ Please Note: the amount of the Back Tax Payment you receive will be directly reduced by the amount assigned to the Missouri Municipal League or St. Louis County Municipal League. In order to obtain the Back Tax Payment under the Settlement, you must attach the following to this Claim Form: Either (a) certified copy of an ordinance enacted by the Municipality accepting all terms and provisions of the Settlement Agreement or (b) other acknowledgment that the Municipality agrees to be bound by the terms of the Settlement Agreement if approved by the Court as well as an opinion of counsel, addressed to AT&T Missouri and SBC Long Distance, LLC, that the Settlement Agreement, if approved by the Court, is 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; and: ^ Only if the Back Tax Payment listed for you is $0, a certified copy of the ordinances or municipal code provisions imposing the Business License Tax pursuant to which the Municipality believes it is entitled to a Back Tax Payment. YOU DO NOT NEED TO ATTACH CERTIFIED COPIES OF THE ORDINANCES OR MUNICIPAL CODE PROVISIONS IMPOSING THE t3USINESS LICENSE TAX IF THE BACK TAX PAYMENT FOR YOU IS OTHER THAN $0. asss~aa.i Claim Form -Page 2 of 4 The Municipality's duly authorized representative, to whom all inquiries regarding this Claim Form may be directed, is: , Name: ~/~/ / ~ Address: Telephon umber: ~~o'~[ The Municipality's duly authorized representative, to whom all inquiries regarding its Business License Tax may be directed, is: [a~Same as above ~, ra' Other: Name: Address: °L- ~ Telephone number: ~/~n~~5'/ Please note that if you file this Claim Form, you agree to retain Class Counsel to act as your attorneys, at no coat to you, to resolve any dispute that arises in connection with the litigation and Settlement, until 30 days after the Effective Date of Settlement. I certify that: 1. I am authorized to submit the Claim Form on behalf of the Municipality identified above and to make the representations set forth in this Claim Form on behalf of the Municipality; 2. After due inquiry, the information contained in and submitted with this Claim Form is complete and accurate to the best of my knowledge and that of the Municipality; 3. The Municipality agrees to be bound by the terms of the Settlement Agreement if approved by the Court; and 4. Prior to submitting the Maim Form, the Municipality has taken all actions necessary for the Settlement ~~ ~ a -09 Date C ~~~~~`-/ Title 4959744.1 Claim Form -Page 3 of 4 City of IVERSIDE -~ - e hFTgKE PRIDE IN OUR PROOp~9 2950 NW Vivion Road Riverside, Missouri 64150 816-741-3993 or FAX 816-746-8349 www.riversidemo.com Ml$SOUII CITY OF RIVERIDE, MISSOURI OFFICE OF THE CITY CLERK CERTIFICATION STATE OF MISSOURI ) SS COUNTY OF PLATTE ) I, Louise Rusick, City Clerk of the City of Riverside, a municipal corporation within and for said County and State aforesaid, do hereby certify that that the attached is a true and accurate copy of Ordinance 2009-97 approved on the 4"' day of August, 2009. IN WITNESS WHEREOF, I hereunto set my hand and affix the seal of said City of Riverside, Missouri, As its office in Riverside, Missouri, this 6`h day of August, 2009. r j ,, ~- , .,, i ~_ Cit Jerk SEAL /`