HomeMy WebLinkAbout2009-135 - AT&T / SBC LandlineBILL N0.2009-135
ORDINANCE N0.2009-135
SUBSTITUTING ORDINANCE NO.2009-97 TO CORRECT A
TYPOGRAPHICAL ERROR AND ENACTING A NEW ORDINANCE
APPROVING A SETTLEMENT AGREEMENT WITH AT&T/SBC LANDLINE
WHEREAS, the City or Riverside, 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 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, Missouri and Defendants, and as if the City of Riverside,
Missouri was an original signatory thereto.
Section Two. The City of Riverside, Missouri further approves the estimated Back Tax
Payment of $60,328.80 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 Riverside, 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.
1sT DAY OF OCTOBER, 2009.
Mayor Kathleen L. Rose
PASSED AND APPROVED BY THE CITY OF RIVERSIDE, MISSOURI, THIS