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HomeMy WebLinkAboutPR 22173: OPIOID SETTLEMENT P.R. No. 22173 10/05/2021 gt RESOLUTION NO. A RESOLUTION ADOPTING THE ALLOCATION METHOD FOR OPIOID SETTLEMENT PROCEEDS AS SET FORTH IN THE STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS'OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET AS IT PERTAINS TO CERTAIN DRUG COMPANIES ANDTHEIR CORPORATE AFFILIATES, PARENTS, SUBSIDIARIES. WHEREAS, the City of Port Arthur obtained information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless marketing and/ordistribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to the City of Port Arthur; and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, anda negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas TermSheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "A"; and WHEREAS, Special Counsel and the State of Texas have recommended that the City Council of the City of Port Arthur support the adoption and approval the Texas Term Sheet in its entirety. 1 NOW, THEREFORE, BE IT RESOLVED that we, the City Council of the City of Port Arthur, Jefferson County, Texas: 1. Support the adoption and approval the Texas Term Sheet in its entirety; and 2. Finds as follows: a. That there is a substantial need for repayment of opioid-related expenditures and payment to abate opioid-related harms in and about the City of Port Arthur, Jefferson County, Texas; and b. That the City Council of the City of Port Arthur supports in its entirety and hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit A. The County Commissioners Court understandsthat the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating theopioid epidemic in this County and throughout Texas. THAT, on a motion made by Councilmember and seconded by Councilmember , adoption of the allocation method for opioid settlement proceeds was made in accordance with the Texas Term Sheet. 2 THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED,this day of , 2021 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager 3