HomeMy WebLinkAboutOrd.4639.10-20-2014BILL NO. 14-165 ORDINANCE NO. V( 39
AN ORDINANCE APPROVING A SETTLEMENT
AGREEMENT WITH CENTURYLINK, INC., AND
RELATED ENTITIES RELATING TO PAYMENT OF
TELEPHONE BUSINESS LICENSE TAXES
. WHEREAS, the City of Cape Girardeau, Missouri (the
"Plaintiff") is either a named plaintiff or a putative class
member in z lawsuit to recover unpaid Telephone Business License
Taxes (as defined in the Settlement Agreement described below),
which lawsuit is styled City of O'Fallon, Missouri, et al. v.
CenturyLink, Inc., et al., Case No. 12SL-CC01723, and is pending
in the Circuit Court of St. Louis County, Missouri (the
"Lawsuit"); and
WHEREAS, the Plaintiffs 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 County on August 22, 2014 (the
"Settlement Agreement"); and
WHEREAS, the Plaintiffs and CenturyLink 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 CenturyLink Class Action
Settlement and Approval Hearing, incorporated herein by
reference, and a CenturyLink 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
AUrSuant LO LRe SeLLlemenL Agreement a'Ler the SeLtlemenL
Agreement becomes Final (as defined in the Settlement
Agreement); and
WHEREAS, the Plainti'SS da Sire Lo aper o v e and accept the
Settlement Agreement and the estimated Back Tax Payment;
01
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, AS FOLLOWS:
Article 1. The City of Cape Girardeau, Missouri hereby
approves, accepts, and adopts all terms and provisions of the
Settlement Agreement as a binding and enforceable agreement
between the City of Cape Girardeau, Missouri, and Defendants, as
if the City of Cape Girardeau, Missouri, was an original
signatory thereto.
Article 2. The City of Cape Girardeau, Missouri further
approves the estimated Back Tax Payment of $5,974.04 as shown on
the CenturyLink 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 Cape Girardeau, Missouri against Defendants.
Article 3. The City Manager of the City of Cape Girardeau,
Missouri, on behalf of the Plaintiff, is hereby authorized and
directed to execute the CenturyLink Landline Municipal Tax
Settlement Claim Form and any other documents necessary under
the Settlement Agreement.
Article 4. This Ordinance shall be in full force and
effect Ten (10) days after its passage and approval.
PASSED AND APPROVED this A ih
-
2014.
ATTEST:
,V"J
Gayle Conrad, City Clerk