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CITY COUNCIL RESOLUTION NO. ____-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA APPROVING PARTICIPATION IN NATIONAL OPIOID
SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY
ATTORNEY AND/OR CITY MANAGER TO EXCECUTE THE RELATED
PARTICIPATION AGREEMENT AND FUTURE
WHEREAS, a settlement has been reached in multi-district litigation in Ohio brought by states and cities against the Teva, Allergan, CVS, Walmart and Walgreens for contributing to the opioid crisis; and
WHEREAS, under the terms of the Settlement $20 billion will be paid by the companies over a multi-year period to states, cities, and counties; and WHEREAS, although the City is not a litigating entity involved in this litigation it may opt-in and receive the benefits of the Settlement in exchange for releasing its claims against these companies; and
WHEREAS, the more cities with populations greater than 10,000 people, such as the City, which opt-in to the agreement will enable their respective counties and states to receive more funds under the incentive structure of the Settlement; and WHEREAS, opting-in to the settlement will enable to the City receive funds from the Settlement, which can be used to treat opioid use disorder and for other purposes; and
WHEREAS, the City wishes to agree to the material terms of the proposed Settlement; and
WHEREAS, jurisdictions must opt-in to the Settlement before April 18, 2023.
NOW, THERFORE, the City Council of the City of Barstow does hereby resolve as follows:
SECTION 1. Recitals:
The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.
SECTION 2. Approval of Participation in National Opioid Settlement:
The City Council finds that the City Attorney and/or the City Manager is authorized to accept the proposed settlements with Teva, Allergan, CVS, Walmart and Walgreens on behalf of the City of Barstow.
SECTION 3. Authorizing City Manager to Execute Future Proposed Settlements as part of the National Opioid Settlement:
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The City Council authorizes the City Manager to accept and execute future proposed settlements related to the multi-district litigation in Ohio that is often referred to as the National Opioid Litigation/Settlement.
SECTION 4. Severability Clause:
Should any section, clause, or provision of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part so declared to be invalid.
SECTION 5. Certification:
The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be published or posted according to law.
PASSED, APPROVED AND ADOPTED THIS 17th day of April, 2023. _______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
_______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2023 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 17th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Andrea Flores, City Clerk