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Legislation #: 140840 Introduction Date: 10/9/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a settlement agreement with CenturyLink with an estimated back tax payment of $504,498.00, and authorizing the City Attorney to execute the necessary settlement documents.

Legislation History
DateMinutesDescription
10/6/2014 Filed by the Clerk's office
10/9/2014 Referred to Finance, Governance & Ethics Committee
10/15/2014 Councilmember Brooks (Second by Davis) Move to Convene into Closed Session
10/15/2014 Advance and Do Pass, Debate
10/16/2014 Passed

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140840.pdf Authenticated 152K Authenticated
140840 Fact Sheet.pdf Fact Sheet 97K Fact Sheet

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ORDINANCE NO. 140840

 

Approving a settlement agreement with CenturyLink with an estimated back tax payment of $504,498.00, and authorizing the City Attorney to execute the necessary settlement documents.

 

WHEREAS, the City of Kansas City, 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 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 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 County on August 22, 2014 (the “Settlement Agreement”); and

 

WHEREAS, the Plaintiff 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 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; NOW THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Approval of Settlement – General Terms. The City of Kansas City, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of Kansas City, Missouri and Defendants, as if the City of Kansas City, Missouri was an original signatory thereto.

 

Section 2. Approval of Settlement Payment. The City of Kansas City, Missouri further approves the estimated Back Tax Payment of $504,498.00 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 Kansas City, Missouri against Defendants.

 

Section 3. Execution of Documents. The City Attorney of the City of Kansas City, 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.

 

Section 4. This ordinance shall be in full force and effect after passage and approval as required by law.

 

_______________________________________

 

Approved as to form and legality:

 

___________________________

Stephen Walsh

Assistant City Attorney