Section 109-080; Ord. 19826; Approving a settlement agreement with Sprint; assigning a percentage of the settlement proceeds to the Missouri Municipal League

approving a settlement agreement with Sprint; assigning a percentage of the settlement proceeds to the Missouri Municipal League; and fixing the time when this ordinance shall become effective.

WHEREAS, the City of Columbia, Missouri (the “Plaintiff”) is 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 Sprint (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 Sprint, and was filed with and preliminarily approved by the Circuit Court of St. Louis County on December 20, 2007 (the “Settlement Agreement”); and

WHEREAS, the Plaintiff and Sprint 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 a Sprint Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the Total Past Tax Consideration (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 Total Past Tax Consideration and further desires to assign a portion of the proceeds to the Missouri Municipal League as provided therein.

SECTION 1. The City of Columbia, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of Columbia, Missouri and Sprint, as if the City of Columbia, Missouri were an original signatory thereto.

SECTION 2. The City of Columbia, Missouri further approves the Total Past Tax Consideration of $1,408,710.07 as shown on the Sprint 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 Columbia, Missouri against Sprint as provided for in the Settlement Agreement.

SECTION 3. The City of Columbia, Missouri further assigns to the Missouri Municipal League $70,435.50 of its Total Past Tax Consideration, which amount shall be used for the public purpose of reimbursing the League for revenues expended in its legislative and settlement efforts relating to the Lawsuit and to fund future services performed on behalf of the League’ s member municipalities.

SECTION 4. The City Manager of the City of Columbia, Missouri, on behalf of the Plaintiff, is hereby authorized and directed to execute the Sprint Municipal Tax Settlement Claim Form and any other documents necessary under the Settlement Agreement.

SECTION 5. The City of Columbia, Missouri, reserves the right to conclude settlement agreements with other wireless telecommunications service providers in the Lawsuit depending upon the circumstances of each case.