Resolution 2021-39RESOLUTION NO. 2021-39(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
JOINING WITH THE STATE OF TEXAS AND POLITICAL SUBDIVISIONS OF
THE STATE AS A PARTY IN THE GLOBAL OPIOID SETTLEMENT
AGREEMENTS REGARDING OPIOID USE AND DISTRIBUTION IN IN RE:
TEXAS OPIOID LITIGATION, MDL NO. 2018-63587, IN THE 152ND DISTRICT
COURT OF HARRIS COUNTY, TEXAS, AND OTHER LITIGATION;
ACCEPTING THE TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET; AUTHORIZING THE INTERIM
CITY MANAGER TO EXECUTE SETTLEMENT PARTICIPATION
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the people of the State of Texas and its communities, including the City of Wylie,
Texas ("City"), have been harmed through the national and statewide epidemic caused by the sale, use and
distribution of opioids within the State of Texas; and
WHEREAS, the City has been provided 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 reckless marketing as well as fraudulent
distribution of opioids that have resulted in addictions and overdoses; and
WHEREAS, these actions have resulted in the death of many Texans and has resulted in the
devastation of families and communities across the State; and
WHEREAS, the City and other local governments have been on the front lines of the opioid crisis,
resulting in significant financial costs related to healthcare services, social services, law enforcement and
the criminal justice systems; and
WHEREAS, on May 13, 2020, the State of Texas and a negotiation group for Texas political
subdivisions entered into an agreement titled Texas Opioid Abatement Fund Council and Settlement
Allocation Term Sheet (the "Texas Term Sheet"), approving the allocation of any and all opioid settlement
funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit 1 and incorporated•for
all purposes; and
WHEREAS, the State of Texas has recommended that the City Council of the City of Wylie, Texas
("City Council"), support the adoption and approval of the Texas Term Sheet in its entirety; and
WHEREAS, participating in the Texas Term Sheet increases the State of Texas' opportunity to
maximize its share of opioid settlement funds and will provide a method to ensure that needed resources
reach communities once all negotiations are finalized; and
WHEREAS, the City Council finds and determines that it is in the best interest of the health, safety
and welfare of the City to participate in the Texas Term Sheet and the settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Resolution as if fully set forth herein.
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SECTION 2: Interim City Manager Authorization. The City Council hereby authorizes the Interim
City Manager to execute the Subdivision Settlement Participation Forms, attached hereto as Exhibit 2, in
accordance with the provisions set forth in the Texas Term Sheet, attached hereto as Exhibit 1, and further
authorizes the Interim City Manager to take any additional actions necessary to implement the intent of this
Resolution.
SECTION 3: Purpose. The City Council finds that there is a substantial need for reimbursement
of opioid-related expenditures to abate opioid-related harms in and about the City. The City Council hereby
adopts the allocation method for opioid settlement proceeds as set forth in the Texas Term Sheet. The City
Council finds that the purpose of the Texas Term Sheet is to permit collaboration between the State of
Texas and political subdivisions of the State to explore and potentially effectuate resolution of the opioid
litigation against pharmaceutical supply chain participants as defined therein. The City Council also finds
that an additional purpose is to create an effective means of distributing any potential settlement funds
obtained under the Texas Term Sheet between the State of Texas and political subdivisions of the State in
a manner and means that would promote an effective and meaningful use of the funds in abating the opioid
epidemic in the City and throughout Texas.
SECTION 4: Effective Date. This Resolution shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, on this 15th day of November, 2021.
er, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Stephanie Storm, City Secretary
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Exhibit 1
TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET
WHEREAS, the people of the State of Texas and its communities have been harmed
through the National and Statewide epidemic caused by licit and illicit opioid use
and distribution within the State of Texas; and now,
WHEREAS, the State of Texas, though its elected representatives and counsel,
including the Honorable Ken Paxton, Attorney General of the State of Texas, and
certain Political Subdivisions, through their elected representatives and counsel, are
separately engaged in litigation seeking to hold those entities in the supply chain
accountable for the damage caused; and now,
WHEREAS, the State of Texas, through its Attomey General and its Political
Subdivisions, share a common desire to abate and alleviate the impacts of. the
epidemic throughout the State of Texas; and now,
THEREFORE, the State of Texas and its Political Subdivisions, subject to
completing formal documents effectuating the Parties' agreements, enter into this
State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council
and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation
and use of the proceeds of any Settlements as described.
A. Definitions
As used in this Texas Term Sheet:
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I. "The State" shall mean the State of Texas acting through its Attorney
General.
2. "Political Subdivision(s)" shall mean any Texas municipality and county.
3. "The Parties" shall mean the State of Texas, the Political Subdivisions, and
the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas
Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in
the 152d District Court of Harris County, Texas.
4. "Litigating Political Subdivision" means a Political Subdivision that filed
suit in the state courts of the State of Texas prior to the Execution Date of
this Agreement, whether or not such case was transferred to Texas Opioid
MDL, or removed to federal court.
5. "National Fund" shall mean any national fund established for the benefit
of the Texas Political Subdivisions. In no event shall any National Fund
be used to create federal jurisdiction, equitable or otherwise, over the
Texas Political Subdivisions or those similarly situated state -court litigants
who are included in the state coalition, nor shall the National Fund require
participating in a class action or signing a participation agreement as part
of the criteria for participating in the National Fund.
6. "Negotiating Committee" shall mean a three -member group comprising
four representatives for each of (I) the State; (2) the PSC; and (3) Texas'
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Political Subdivisions (collectively, "Members"). The State shall be
represented by the Texas Attorney General or his designees. The PSC shall
be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan
Downey, or their designees. Texas' Political Subdivisions shall be
represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke
(Special Assistant County Attomey, Harris County), Nelson Wolff (Bexar
County Judge), and Nathaniel Moran (Smith County Judge) or their
designees.
7. "Settlement" shall mean the negotiated resolution of legal or equitable
claims against a Pharmaceutical Supply Chain Participant that includes the
State and Political Subdivisions.
8. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this Texas Term Sheet.
8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A
hereto.
9. "Pharmaceutical Supply Chain" shall mean the process and channels
through which opioids or opioids products are manufactured, marketed,
promoted, distributed, or dispensed.
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10.`Pharmaceutical Supply Chain Participant" shall mean any entity that
engages in or has engaged in the manufacture, marketing, promotion,
distribution, or dispensing of an opioid analgesic.
11. "Texas Opioid Council" shall mean the Council described in Exhibit A
hereto, which has the purpose of ensuring the funds recovered by Texas
(through the joint actions of the Attorney General and the Texas Political
Subdivisions) are allocated fairly and spent to remediate the opioid crisis
in Texas, using efficient and cost-effective methods that are directed to the
hardest hit regions in Texas while also ensuring that all Texans benefit
from prevention and recovery efforts.
B. Allocation of Settlement Proceeds
1. All Opioid Funds distributed in Texas shall be divided with 15% going to
Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid
Abatement Fund through the Texas Opioid Council (Texas Abatement
Fund Share) identified and described on Exhibits A and C hereto, and 15%
to the Office of the Texas Attomey General as Counsel for the State of
Texas ("State Share"). Out of the Texas Opioid Abatement Fund,
reasonable expenses up to I % shall be paid to the Texas Comptroller for
the administration of the Texas Opioid Council pursuant to the Opioid
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Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit
A hereto.
2. The Subdivisions Share shall be allocated in accordance with the division
of proceeds on Exhibit B hereto.
3. The Texas Abatement Fund Share shall be allocated to the Opioid Council
to be apportioned in accordance with the guidelines of Exhibit A, and
Exhibit C hereto.
4. In the event a Subdivision merges, dissolves, or ceases to exist, the
allocation percentage for that Subdivision shall be redistributed as directed
by the settlement document, and if not specified, equitably based on the
composition of the successor Subdivision. If a Subdivision for any reason
is excluded from a specific settlement, the allocation percentage for that
Subdivision shall be redistributed as directed by the settlement document,
and if not specified, equitably among the participating Subdivisions.
5. Funds obtained from parties unrelated to the Litigation, via grant, bequest,
gift or the like, separate and distinct from the Litigation, may be directed
to the Texas Opioid Council and disbursed as set forth below.
6. The Subdivision share shall be initially deposited and paid in cash directly
to the Subdivision under the authority and guidance of the Texas MDL
Court, who shall direct any Settlement funds to be held in trust in a
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segregated account to benefit the Subdivisions and to be promptly
distributed as set forth herein and in accordance with Exhibit B.
7. Nothing in this Texas Term Sheet should alter or change any Subdivision's
rights to pursue its own claim. Rather, the intent of this Texas Term Sheet
is to join all parties to disburse settlement proceeds from one or more
defendants to all parties participating in that settlement within Texas.
8. Opioid Funds from the Texas Abatement Fund Share shall be directed to
the Texas Opioid Council and used in accordance with the guidelines as
set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be
distributed to the Texas Opioid Council under the authority and guidance
of the Texas MDL Court, consistent with Exhibits A and C, and the by-
laws of the Texas Opioid Council documents and disbursed as set forth
therein, including without limitation all abatement funds and the 1%
holdback for expenses.
9. The State of Texas and the Political Subdivisions understand and
acknowledge that additional steps may need to be undertaken to assist the
Texas Opioid Council in its mission, at a predictable level of funding,
regardless of external factors.
C. Payment of Counsel and Litigation Expenses
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1. Any Master Settlement Agreement settlement will govern the payment of
fees and litigation expenses to the Parties. The Parties agree to direct
control of any Texas Political Subdivision fees and expenses to the "Texas
Opioid Fee and Expense Fund," which shall be allocated and distributed
by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018-
63587, in the 152nd District Court of Harris County, Texas, and with the
intent to compensate all counsel for Texas Political Subdivisions who have
not chosen to otherwise seek compensation for fees and expenses from any
federal MDL common benefit fund.
2. The Parties agree that no portion of the State of Texas 15% allocation
share from any settlement shall be administered through the National
Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund,
but shall be directed for payment to the State of Texas by the State of
Texas.
3. The State of Texas and the Texas Political Subdivisions, and their
respective attorneys, agree that all fees — whether contingent, hourly,
fixed or otherwise — owed by the Texas Political Subdivisions shall be
paid out of the National Fund or as otherwise provided for herein to the
Texas Opioid Fee and Expense Fund to be distributed by the 152nd
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District Court of Harris County, Texas pursuant to its past and future
orders.
4. From any opioid-related settlements with McKesson, Cardinal Health,
ABDC, and Johnson & Johnson, and for any future opioid-related
settlements negotiated, in whole or in part, by the Negotiating
Committee with any other Pharmaceutical Supply Chain Participant,
the funds to be deposited in the Texas Opioid Fee and Expense Fund
shall be 9.3925% of the combined Texas Political Subdivision and
Texas Abatement Fund portions of each payment (annual or otherwise)
to the State of Texas for that settlement, plus expenses from the
National Fund, and shall be sought by Texas Political Subdivision
Counsel initially through the National Fund. The Texas Political
Subdivisions' percentage share of fees and expenses from the National
Fund shall be directed to the Texas Opioid Fee and Expense Fund in
the Texas MDL, as soon as is practical, for allocation and distribution
in accordance with the guidelines herein.
5. If the National Fund share to the Texas Political Subdivisions is
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, per subsection 4, immediately supra, or if payment from
the National Fund is not received within 12 months after the date the
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first payment is made by the Defendants pursuant to the settlement, then
the Texas Political Subdivisions shall recover up to 12.5% of the Texas
Political Subdivision Share to make up any difference.
6. If the National Fund and the Texas Political Subdivision share are
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, or if payment from the National Fund is not received
within 12 months after the date the first payment is made by the
Defendants pursuant to the settlement, then the Texas Political
Subdivisions shall recover up to 8.75% of the Abatement Fund Share
to make up any difference. In no event shall the Texas Political
Subdivision share exceed 9.3925% of the combined Texas Political
Subdivision and Texas Abatement Fund portions of any settlement,
plus expenses from the National Fund. In the event that any payment
is received from the National Fund such that the total amount in fees
and expenses exceeds 9.3925%, the Texas Political Subdivisions shall
return any amounts received greater than 9.3925% of the combined
Texas Political Subdivision and Texas Abatement Fund portions to
those respective Funds.
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7. For each settlement utilizing a National Fund, the Texas Political
Subdivisions need only make one attempt at seeking fees and expenses
there.
8. The total amount of the Texas Opioid Fee and Expense Fund shall be
reduced proportionally, according to the agreed upon allocation of the
Texas Subdivision Fund, for any Texas litigating Political Subdivision
that (1) fails to enter the settlement; and (2) was filed in Texas state
court, and was transferred to the Texas MDL (or removed before or
during transfer to the Texas MDL) as of the execution date of this
Agreement.
D. The Texas Opioid Council and Texas Abatement Fund
The Texas Opioid Council and Texas Abatement Fund is described in detail
at Exhibit A, incorporated herein by reference.
E. Settlement Negotiations
1. The State and Negotiating Committee agree to inform each other in
advance of any negotiations relating to a Texas -only settlement with a
Pharmaceutical Supply Chain Participant that includes both the State and
its Political Subdivisions and shall provide each other the opportunity to
participate in all such negotiations. Any Texas -only Settlement agreed to
with the State and Negotiating Committee shall be subject to the approval
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of a majority of litigating Political Subdivisions. The Parties further agree
to keep each other reasonably informed of all other global settlement
negotiations with Pharmaceutical Supply Chain Participants and to include
the Negotiating Committee or designees. Neither this provision, nor any
other, shall be construed to state or imply that either the State or the
Negotiating Committee is unauthorized to engage in settlement
negotiations with Pharmaceutical Supply Chain Participants without prior
consent or contemporaneous participation of the other, or that either party
is entitled to participate as an active or direct participant in settlement
negotiations with the other. Rather, while the State's and Negotiation
Committee's efforts to achieve worthwhile settlements are to be
collaborative, incremental stages need not be so.
2. Any Master Settlement Agreement (MSA) shall be subject to the approval
and jurisdiction of the Texas MDL Court.
3. As this is a Texas -specific effort, the Committee shall be Chaired by the
Attorney General. However, the Attorney General, or his designees, shall
endeavor to coordinate any publicity or other efforts to speak publicly with
the other Committee Members.
4. The State of Texas, the Texas MDL Plaintiff's Steering Committee
representatives, or the Political Subdivision representatives may withdraw
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from coordinated Settlement discussions detailed in this Section upon 10
business days' written notice to the remaining Committee Members and
counsel for any affected Pharnaceutical Supply Chain Participant. The
withdrawal of any Member releases the remaining Committee Members
from the restrictions and obligations in this Section.
5. The obligations in this Section shall not affect any Party's right to proceed
with trial or, within 30 days of the date upon which a trial involving that
Party's claims against a specific Pharmaceutical Supply Chain Participant
is scheduled to begin, reach a case specific resolution with that particular
Pharmaceutical Supply Chain Participant.
F. Amendments
The Parties agree to make such amendments as necessary to implement the
intent of this agreement.
Acknowledgment of Agreement
We, the undersigned, have participated in the drafting of the above Texas
Term Sheet, including consideration based on comments solicited from Political
Subdivisions. This document has been collaboratively drafted to maintain all
individual claims while allowing the State and its Political Subdivisions to cooperate
in exploring all possible means of resolution. Nothing in this agreement binds any
party to any specific outcome. Any resolution under this document will require
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acceptance by the State of Texas and a majority of the Litigating Political
Subdivisions.
We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS
POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of
this Texas Term Sheet is to permit collaboration between the State of Texas and
Political Subdivisions to explore and potentially effectuate earlier resolution of the
Opioid Litigation against Pharmaceutical Supply Chain Participants. We also
understand that an additional purpose is to create an effective means of distributing
any potential settlement funds obtained under this Texas Tenn 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 the opioid epidemic
throughout Texas.
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Executed this 13 day of May, 2020.
FOR THE STATE OF TEXAS:
alifrn-
KENNETH PAXTON, JR.
ATTORNEY GENERAL
FOR THE SUBDIVISIONS
AND TEXAS MDL PSC:
MIKAL WATTS
WATTS GUERRA LLP
SIMON G�STONE PANATIER, PC
eOAA Aler
DARA BEGAR
:sas
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1
EXHIBIT A
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Opioid Abatement Fund (Texas) Settlement
Opioid Council
As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid
Council (Council) to establish the framework that ensures the funds recovered by Texas (through
the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly
and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that
are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from
prevention and recovery efforts.
I. Structure
The Council will be responsible for the processes and procedures governing the spending of the
funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained
through settlement and/or litigation of the claims asserted by the State and its subdivisions in the
investigations and litigation related to the manufacturing, marketing, distribution, and sale of
opioids and related pharmaceuticals.
Money paid into the abatement fund will be held by an independent administrator, who shall be
responsible for the ministerial task of releasing funds solely as authorized below by the Council,
and accounting for all payments to and from the fund.
The Council will be formed when a court of competent jurisdiction enters an order settling the
matter, including any order of a bankruptcy court. The Council's members must be appointed
within sixty (60) days of the date the order is entered.
A. Membership
The Council shall be comprised of the following thirteen (13) members:
1. Statewide Members.
Six members appointed by the Governor and Attorney General to represent the State's
interest in opioid abatement. The statewide members are appointed as follows:
a. The Governor shall appoint three (3) members who are licensed health
professionals with significant experience in opioid interventions;
b. The Attorney General shall appoint three (3) members who are licensed
professionals with significant experience in opioidincidences; and
e. The Governor will appoint the Chair of the Council as a non -voting member.
The Chair may only cast a vote in the event there is a tie of the membership.
2. Regional Members.
Six (6) members appointed by the State's political subdivisions to represent their
designated Texas Health and Human Services Commission `HHSC" Regional Healthcare
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Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the
Council. The regional appointees must be from either academia or the medical profession
with significant experience in opioid interventions. The regional members are appointed as
follows:
a. One member representing Regions 9 and 10 (Dallas Ft -Worth):
b. One member representing Region 3 (Houston);
c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas);
d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio);
e. One member representing Regions 1, 2, 17, 18 (Fast Texas); and
f One member representing Regions 4, 5, 20 (South Texas).
B. Terms
All members of the Council are appointed to serve staggered two-year terms, with the terms of
members expiring February 1 of each year. A member may serve no more than two consecutive
terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide
and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be
filled for the unexpired term in the same manner as the original appointment. The Governor will
appoint the Chair of the Council who will not vote on Council business unless there is a tie vote,
and the subdivisions will appoint a Vice -Chair voting member from one of the regional members.
C Cmvemanre
1. Administration
The Council is attached administratively to the Comptroller. The Council is an
independent, quasi -governmental agency because it is responsible for the statewide
distribution of the abatement settlement funds. The Council is exempt from the following
statutes:
a. Chapter 316 of the Government Code (Appropriations);
b. Chapter 322 of the Government Code (Legislative Budget Board);
c. Chapter 325 of the Government Code (Sunset);
d. Chapter 783 of the Government Code (Uniform Grants and Contract
Management);
e. Chapter 2001 of the Government Code (Administrative Procedure);
f. Chapter 2052 of the Government Code (State Agency Reports and Publications);
g. Chapter 2261 of the Government Code (State Contracting Standards and
Oversight);
h. Chapter 2262 of the Government Code (Statewide Contract Management);
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i. Chapter 262 of the Local Government Code (Purchasing and Contracting
Authority of Counties); and
j. Chapter 271 of the Local Government Code (Purchasing and Contracting
Authority of Municipalities, Counties, and Certain Other Local Governments).
2. Transparency
The Council will abide by state laws relating to open meetings and public information,
including Chapters 551 and 552 of the Texas Government Code.
i. The Council shall hold at least four regular meetings each year. The Council may
hold additional meetings on the request of the Chair or on the written request of
three members of the council. All meetings shall be open to the public, and public
notice of meetings shall be given as required by state law.
ii. The Council may convene in a closed, non-public meeting:
a. If the Commission must discuss:
1. Negotiation of contract awards; and
2. Matters specifically exempted from disclosure by federal and
state statutes.
b. All minutes and documents of a closed meeting shall remain under seal,
subject to release only order of a court of competent jurisdiction.
3. Authority
The Council does not have rulemaking authority. The terms of each Judgment, Master
Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of
the Council and the Council may not stray outside the bounds of the authority and power
vested by such settlements. Should the Council require legal assistance in determining
their authority, the Council may direct the executive director to seek legal advice from the
Attorney General to clarify the issue.
D Operation and Fxpensea
The independent administrator will set aside up to one (1) percent of the settlement funds for the
administration of the Council for reasonable costs and expenses of operating the foregoing duties,
including educational activities.
I. Executive Director
The Comptroller will employ the executive director of the Council and other personnel as
necessary to administer the duties of the Council and carry out the functions of the Council.
The executive director must have at least 10 years of experience in government or public
administration and is classified as a Director V/B30 under the State Auditor's State
Classification. The Comptroller will pay the salaries of the Council employees from the
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one (1) percent of the settlement funds set aside for the administration of the Council. The
Comptroller will request funds from the Texas Abatement Fund Point of Contact.
2. Travel Retmbrrsement
A person appointed to the Council is entitled to reimbursement for the travel expenses
incurred in attending Council duties. A member of the Council may be reimbursed for
actual expenses for meals, lodging, transportation, and incidental expenses in accordance
with travel rates set by the federal General Services Administration.
II. Duties/Roles
It is the duty of the Council to determine and approve the opioid abatement strategies and funding
awards.
A Approved Abatement Strategies,
The Council will develop the approved Texas list of abatement strategies based on but not limited
to the existing national list of opioid abatement strategies (see attached Appendix A) for
implementing the Texas Abatement Fund.
1. The Council shall only approve strategies which are evidence -informed strategies.
2. The Texas list of abatement strategies must be approved by majority vote. The majority
vote must include a majority from both sides of the statewide members and regional
members in order to be approved, e.g., at least four (4) of six (6) members on each side.
B. Texas Abatement Fund Point of rnntact
The Council will determine a single point of contact called the Abatement Fund Point of Contact
(POC) to be established as the sole entity authorized to receive requests for funds and approve
expenditures in Texas and order the release of funds from the Texas Abatement Fund by the
independent administrator. The POC may be an independent third party selected by the Council
with expertise in banking or financial management. The POC will manage the Opioid Council
Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent
administrator to release funds to the Account. The Account is outside the State Treasury and not
managed by any state or local officials. The POC is responsible for payments to the qualified
entities selected by the Council for abatement fund awards. The POC will submit a monthly
fmancial statement on the Account to the Council.
C. Auditor
An independent auditor appointed by the Council will perform an audit on the Account on an
annual basis and report its findings, if any. to the Council.
D. Funding Alloration
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The Council is the sole decision -maker on the funding allocation process of the abatement funds.
The Council will develop the application and award process based on the parameters outlined
below. An entity seeking funds from the Council must apply for funds; no funds will be awarded
without an application. The executive director and personnel may assist the Council in gathering
and compiling the applications for consideration; however, the Council members are the sole
decision -makers of awards and funding determination. The Council will use the following
processes to award funds:
I. Statewide Funds. The Council will consider, adopt and approve the allocation
methodology attached as Exhibit C, based upon population health data and prevalence
of opioid incidences, at the Council's initial meeting. Adoption of such methodology
will allow each Region to customize the approved abatement strategies to fit its
communities' needs. The statewide regional funds will account for seventy-five (75)
percent of the total overall funds, less the one (1) percent administrative expense
described herein.
2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall
funds, for targeted interventions in the specific Region as identified by opioid incidence
data. The Council must approve on an annual basis the uses for the targeted abatement
strategies and applications available to every Region, including education and outreach
programs. Each Region without approved uses for the targeted funds from the Council,
based upon a greater percentage of opioid incidents compared to its population, is
subject to transfer of all or a portion of the targeted funds for that Region for uses based
upon all Regions' targeted funding needs as approved by the Council on an annual basis.
3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an
annual basis. If a Region lapses its funds, the funds will be reallocated based on all
Regions' funding needs.
E. Appel] Proress
The Council will establish an appeal process to permit the applicants for funding (state or
subdivisions) to challenge decisions by the Council -designated point of contact on requests for
funds or expenditures.
I. To challenge a decision by the designated point of contact, the State or a subdivision
must file an appeal with the Council within thirty (30) days of the decision. The Council
then has thirty (30) days to consider and rule on the appeal.
2. If the Council denies the appeal, the party may file an appeal with the state district court
of record wherq the final opioid judgment or Master Settlement Agreement is filed. The
Texas Rules of Civil Procedure and Rules of Evidence will govem these proceedings.
The Council may request representation from the Attomey General in these proceedings.
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In making its determination, the state district court shall apply the same clear error
standards contained herein that the Council must follow when rendering its decision.
3. The state district court will make the Fula] decision and the decision is not appealable.
4. Challenges will be limited and subject to penalty if abused.
5. Attorneys' fees and costs are not recoverable in these appeals.
F. Education
The Council may detemiine that a percentage of the funds in the Abatement Fund from the targeted
funds be used to develop an education and outreach program to provide materials on the
consequences of opioid drug use, prevention and interventions. Any material developed will
include online resources and toolkits for communities.
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EXHIBIT B
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Exhibit B: Municipal Area Allocations: 15% of Total ($150 million).
(County numbers refer to distribution to the county governments after payment to cities within
count borders has been made Minimum distribution to each county is $1000.
Munici al Area Allocation MumcI• al Area Allocation
Abbott $688 Lakeport $463
Abernathy $110 Lakeside $4,474
Abilene $563,818 Lakeside City $222
Ackerly $21 Lakeview $427
Addison $58,094 Lakeway S31,657
Adrian $181 Lakewood Village $557
Agua Dulce $43 Lamar County $141,598
Alamo $22,121 Lamb County $50,681
Alamo Heights $28,198 Lamesa $29,656
Alba $3,196 Lampasas S28,211
Albany $180 Lampasas County S42,818
Aledo $331 Lancaster $90,653
Alice $71,291 Laredo $763,174
Allen $315,081 Latexo 8124
Alma S1,107 Lavaca County $45,973
Alpine $29,696 Lavon $7,435
Alto $3,767 Lawn $58
Alton $11,540 League City $302,418
Alvarado $29,029 Leakey S256
Alvin $113,962 Leander $88,641
Alvord S353 Leary 8797
Amarillo $987,661 Lee County $30,457
Ames S5,571 Lefors $159
Amherst $22 Leon County $67,393
Anahuac $542 Leon Valley $23,258
Anderson $19 Leona $383
Anderson County $268,763 Leonard $8,505
Andrews $13,983 Leroy $176
Andrews County 537,606 Levelland S46,848
Angelina County $229,956 Lewisville $332,094
Angleton $62,791 Lexington $2,318
Angus $331 Liberty $72,343
Anna $9,075 Liberty County S531,212
Annetta $5,956 Liberty Hill $2,780
Annetta North $31 Limestone County 8135,684
(Table continues on multiple pages below)
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Annetta South $602
Annona $738
Anson $5,134
Anthony $4,514
Anton $444
Appleby $1,551
Aquilla $208
Aransas County $266,512
Aransas Pass $57,813
Archer City $10,554
Archer County $45,534
Arcola $7,290
Argyle $11,406
Arlington $735,803
Armstrong County $974
Arp $2,009
Asherton $112
Aspermont $9
Atasmsa County $176,903
Athens $105,942
Atlanta $30,995
Aubrey $15,141
Aurora $1,849
Austin County $76,030
Austin $4,877,716
Austwell $109
Avery $138
Avinger $1,115
Azle $32 213
Bailey $950
Bailey County $15,377
Bailey's Prairie $5,604
Baird $2,802
Balch Springs $27,358
Balcones Heights $23,811
Ballinger $9,172
Balmorhea $63
Bandera $2,893
Bandera County $86,815
Bangs $3,050
Lincoln Park $677
Lindale $24,202
Linden $3,661
Lindsay $1 228
Lipan $44
Lipscomb County $10,132
Little Elm $69,326
Little River -Academy $798
Littlefield $7,678
Live Oak $32,740
Live Oak County $39,716
Liverpool $1,435
Livingston $73,165
Llano $23,121
Llano County $115,647
Lockhart $49,050
Lockney $3,301
Log Cabin $1,960
Lometa $1,176
Lone Oak $1,705
Lone Star $3,283
Longview $482,254
Loraine $183
Lorena $3,390
Lorenzo $11,358
Los Presses $11,185
Los Indios $159
Los Ybanez $0
Lott $1,516
Lovelady $249
Loving County $1,000
Lowry Crossing $783
Lubbock $319,867
Lubbock County $1,379,719
Lucas $5,266
Lueders $508
Lufkin $281,592
Luling $29,421
Lumberton $36,609
Lyford $3,071
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Bardwell $362
Barry $200
Barstow $61
Bartlett $3,374
Bartonville $3,887
Bastrop $46,320
Bastrop County $343,960
Bay City $57,912
Baylor County $29,832
Bayou Vista $6,240
Bayside $242
Baytown $216,066
Bayview $41
Beach City $12,505
Bear Creek $906
Beasley $130
Beaumont $663,010
Beckville $1,247
Bedford $94,314
Bedias $3,475
Bee Cave $12,863
Bee County $97,844
Beeville $24,027
Bell County $650,748
Bellaire $41,264
Bellevue $56
Bellmead $14,487
Belle $1,891
Bellville $7,483
Belton $72,650
Benavides $152
Benbmok $43,919
Benjamin $951
Berryville $14,379
Bertram $182
Beverly Hills $4,336
Bevil Oaks $549
Bazar County $7,007,152
Big Lake $547
Big Sandy $4,579
Lynn County $6,275
Lytle $7,223
Mabank $19,443
Madison County $49,492
Madisonville S11,458
Magnolia S26,031
Malakoff S12,614
Malone $439
Manor 812,499
Mansfield $150,788
Manvel $12,305
Marble Falls $37,039
Marfa $65
Marietta $338
Marion $275
Marion County S54,728
Marlin $21,634
Marquez $1,322
Marshall 8108,371
Mart S928
Martin County $10,862
Martindale $2,437
Mason $777
Mason County $3,134
Matador $1,203
Matagorda County 8135,239
Mathis $15,720
Maud $423
Mavenck County $115,919
Maypearl $936
McAllen S364,424
McCamey $542
McGregor $9,155
McKinney $450,383
McLean $14
McLendon -Chisholm $411
Mcculloch County S20,021
Mclennan County $529,641
Memullen County $1,000
Meadow $1,121
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Big Spring $189,928 Meadowlakes $905
Big Wells S236 Meadows Place $18,148
Bishop S8,213 Medina County $48,355
Bishop Hills 8323 Megargel $611
Blackwell $31 Melissa $15,381
Blanco $6,191 Melvin $345
Blanco County $49,223 Memphis $7,203
Blanket $147 Menard $991
Bloomburg $1,010 Menard County $14,717
Blooming Grove $352 Mercedes $21,441
Blossom $198 Meridian $3,546
Blue Mound $2,888 Merkel $10,117
Blue Ridge $1,345 Mertens $239
Blum $1,622 Mertzon $29
Boerne $45,576 Mesquite $310,709
Bogata S3,649 Mexie S21,096
Bonham $100,909 Miami $455
Bonney S2,510 Midland County $279,927
Booker $1,036 Midland $521,849
Borden County $1,000 Midlothian $95,799
Borger $69,680 Midway $73
Basque County $71,073 Milam County $97,336
Bovine $173 Milano $904
Bowie $83,620 Mildred $286
Bowie County $233,190 Miles $93
Boyd $6,953 Milford $6,177
Brackettville SS Miller's Cove $97
Brady $27,480 Millman S417
Brazoria $11,537 Mills County $19,931
Brazoria County $1,021,090 Millsap S34
Brazos Bend $462 Mineola S48,719
Brazes Country $902 Mineral Wells $92,061
Brazos County $312,087 Mingus $189
Breckenridge $23,976 Mission $124,768
Bremond $5,554 Missouri City $209,633
Brenham $54,750 Mitchell County $20,850
Brewster County $60,087 Mobeetie $52
Briarcliff $572 Mobile City $2,034
Briaroaks $57 Monahan $5,849
Bridge City $80,756 Mont Belvieu $19,669
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Bridgeport $33,301
Briscoe County $977
Broaddus $31
Bronte $99
Brooks County $20,710
Brookshire $6,406
Brookside Village $1,110
Brown County $193,417
Browndell $152
Brownfield $14,452
Brownsboro $3,176
Brownsville $425,057
Brownwood S166,572
Bruceville-Eddy $1,692
Bryan S246,897
Bryson $1,228
Buckholts $1,113
Buda $10,784
Buffalo $11,866
Buffalo Gap $88
Buffalo Springs $188
Bullard $7,487
Bulverde $14,436
Bunker Hill Village $472
Burkburnett $37,844
Burke S1,114
Burleson County $70,244
Burleson $151,779
Burnet $33,345
Burnet County $189,829
Burton $937
Byers $77
Bynum $380
Cactus $4,779
Caddo Mills $43
Caldwell $18,245
Caldwell County 586,413
Calhoun County $127,926
Callahan County $12,894
Callisburg $101
Montague County $94,796
Montgomery $1,884
Montgomery County $2,700,911
Moody 3828
Moore County $40,627
Moore Station $772
Moran $50
Morgan $605
Morgan's Point $3,105
Morgan's Point Resort $8,024
Morris County $53,328
Morton S167
Motley County $3,344
Moulton $999
Mount Calm $605
Mount Enterprise $1,832
Mount Pleasant $65,684
Mount Vernon $6,049
Mountain City $1,548
Muenster $4,656
Muleshoe $4,910
Mullin $384
Munday $2,047
Murchison $2,302
Murphy S51,893
Mustang $7
Mustang Ridge $2,462
Nacogdoches $205,992
Nacogdoches County $198,583
Naples $4,224
Nash $7,999
Nassau Bay $11,247
Natalia $625
Navarro $334
Navarro County $103,513
Navasota $37,676
Nazareth 3124
Nederland $44,585
Needville $10,341
Nevada $237
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Calvert $772
Cameron $11,091
Cameron County $537,026
Camp County $28,851
Camp Wood $422
Campbell $1,116
Canadian $1,090
Caney City $2,005
Canton $56,734
Canyon $26,251
Carbon $620
Carl's Corner $48
Carmine $335
Carrizo Springs $1,671
Carrollton $310,255
Carson County $29,493
Carthage $18,927
Cashion Community $322
Cass County $93,155
Castle Hills $12,780
Castro County $4,420
Castroville $4,525
Cedar Hill $70,127
Cedar Park SI85,567
Celeste $1,280
Celina $18,293
Center $58,838
Centerville $385
Chambers County $153,188
Chandler $17,364
Charming $2
Charlotte 54,257
Cherokee County $156,612
Chester $1,174
Chico $2,922
Childress $37,916
Childress County $50,582
Chillicothe $172
China $522
China Grove $598
New Berlin $4
New Boston $6,953
New Braunfels $307,313
New Chapel Hill S288
New Deal $338
New Fairview $2,334
New Home $9
New Hope $1,024
New London $4,129
New Summerfield $442
New Waverly $2,562
Newark $520
Newcastle $914
Newton $6,102
Newton County $158,006
Neylandville $163
Niederwald $16
Nixon $2,283
Nocona $16,536
Nolan County $50,262
Nolanvdle $4,247
Nome $391
Noonday $226
Nordheim $697
Normangee $6,192
North Cleveland $105
North Richland Hills $146,419
Northlake $8,905
Novice $76
Nueces County $1,367,932
O'Brien $76
O'Donnell $27
Oak Grove $2,769
Oak Leaf $612
Oak Point $9,011
Oak Ridge $358
Oak Ridge North $33,512
Oak Valley $7
Oakwood $148
Ochiltree County $15,476
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•
1
Chireno $1,563
Christine $354
Cibolo $13,690
Cisco $7,218
Clarendon S114
Clarksville $20,891
Clarksville City $54
Claude $26
Clay County $72,050
Clear Lake Shores $6,682
Cleburne $228,184
Cleveland $96,897
Clifton $9,939
Clint $375
Clute $51,350
Clyde $17,287
Coahoma $2,291
Cochran County $3,339
Cockrell Hill $512
Coffee City $1,087
Cake County $5,522
Coldspring $447
Coleman $5,442
Coleman County $4,164
College Station $258,147
Colleyville $46,049
Collin County S1,266,721
Collingsworth County $19,234
Collinsville $1,331
Colmesneil $2,211
Colorado City $8,405
Colorado County $49,084
Columbus $6,867
Comal County $396,142
Comanche S16,503
Comanche County $50,964
Comber $1,710
Combine $1,892
Commerce $33,869
Como S415
Odem $7,420
Odessa $559,163
Oglesby $29
Old River-Winfree S21,653
Oldham County $10,318
Olmos Park $9,801
Olney $6,088
Ohon $1,197
Omaha $4,185
Onalaska 831,654
Opdyke West $479
Orange S311,339
Orange County S689,818
Orange Grove $1,677
Orchard 5367
Ore City $6,806
Overton $7,900
Ovilla $13,391
Oyster Creek $9,633
Paducah $125
Paint Rock $141
Palacios $14,036
Palestine $178,009
Palisades S240
Palm Valley $1,918
Palmer S12,666
Palmhurst $4,660
Palmview $7,577
Palo Pinto County $124,621
Pampa $67,227
Panhandle $9,536
Panola County $80,699
Panorama Village $1,292
Pantego $12,898
Paradise $52
Paris $201,180
Parker $10,307
Parker County $476,254
Parmer County $15,866
Pasadena $356,536
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Concho County $3,859
Conroe $466,671
Converse $27,693
Cooke County $200,451
Cool $731
Coolidge $243
Cooper $362
Coppell $86,593
Copper Canyon $489
Copperas Cove 8133,492
Corinth $75,293
Corpus Christi $1,812,707
Corral City $143
Corrigan $21,318
Corsicana $37,310
Coryell County $123,659
Cottle County $375
Cottonwood 8289
Cottonwood Shores $1,203
Cotolla $1,251
Coupland $266
Cove $387
Covington $519
Coyote Flats $1,472
Crandall $12,094
Crane $10,599
Crane County $26,146
Crardtlls Gap $128
Crawford S333
Creedmoor $16
Cresson S1,086
Crockett $23,403
Crockett County $18,210
Crosby County $18,388
Crosbyton $1,498
Cross Plains 54,877
Cross Roads $244
Cross Timber $542
Crowell $6,335
Crowley $22,345
Pattison $1,148
Patton Village $9,268
Payne Springs $1,770
Pearland $333,752
Pearsall $11,570
Pecan Cap $719
Pecan Hill $229
Pecos $7,622
Pecos County $46,997
Pelican Bay $1,199
Penelope $415
Penitas $312
Perryton S23,364
Petersburg $1,691
Petrolia $17
Petronila $5
Pflugerville $86,408
Pharr $144,721
Pilot Point $11,613
Pine Forest $3,894
Pine Island $3,141
Pinehurst $32,671
Pineland $4,138
Piney Point Village $15,738
Pittsburg $20,526
Plains $129
Plainview $60,298
Plano $1,151,603
Pleak 5270
Pleasant Valley $303
Pleasanton $29,011
Plum Grove $258
Point $1,519
Point Blank $355
Point Comfort $447
Point Venture $588
Polk County $370,831
Ponder $1,282
Port Aransas $31,022
Port Arthur $367,945
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Crystal City
Cuero
Culberson County
Cumby
Caney
Cushing
Cut and Shoot
DISH
Daingerfield
Daisetta
Dalhart
Dallam County
Dallas County
Dallas
Dalworthington Gardens
Danbury
Darrouzett
Dawson
Dawson County
Dayton
Dayton Lakes
De Kalb
De Leon
De Witt County
DeCordova
DeSoto
Deaf Smith County
Dean
Decatur
Deer Park
Del Rio
Dell City
Delta County
Denison
Denton
Denton County
Denver City
Deport
Detroit
Devers
$19,412
$24,689
$789
$5,320
$606
$1,120
$2,141
$19
$12,476
$5,370
$11,609
$21,636
$3,533,291
$2,999,902
$6,060
$4,231
$101
$600
$46,911
$47,122
$38
$1,035
$8,218
$68,895
$13,778
$72,400
$34,532
$141
$56,669
$49,388
$59,056
$15
$30,584
$210,426
$458,334
$1,132,298
$2,104
$42
$965
$191
Port Isabel $9,802
Port Lavaca $11,752
Port Neches $38,849
Portland $76,517
Post $2,332
Post Oak Bend City $1,034
Poteet $6,767
Poth $3,974
Potter County $371,701
Pottsboro $12,302
Powell $110
Poynor $1,180
Prairie View $7,600
Fremont $3,321
Presidio $148
Presidio County $787
Primera $2,958
Princeton $19,245
Progreso $3,072
Progreso Lakes $39
Prosper $22,770
Providence Village $508
Putnam $14
Pyote $22
Quanah $207
Queen City $4,837
Quinlan $7,304
Quintana $492
Quitaque $8
Quitman $15,619
Rains County $53,190
Rolls $3,967
Rancho Viejo $3,836
Randall County $278,126
Ranger $12,186
Rankin $1,613
Ransom Canyon $930
Ravenna $685
Raymondville $7,466
Reagan County $25,215
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Devine $4,354
Diboll $25,533
Dickens $71
Dickens County $1,873
Dickinson $83,683
Dilley $2,633
Dimmit County $33,294
Dimmitt $1,012
Dodd City $1,211
Dodson $447
Domino $196
Donley County $22,370
Donna $13,798
Dorchester $231
Double Oak $4,765
Douglassville $574
Dripping Springs $311
Driscoll $39
Dublin $14,478
Dumas $26,229
Duncanville $58,328
Duval County $49,109
Eagle Lake $4,882
Eagle Pass $56,005
Early $14,838
Earth $242
East Bernard $5,554
East Mountain $2,494
East Tawakoni $2,723
Eastland $15,896
Eastland County $52,275
Easton $329
Ector $1,108
Ector County $480,000
Edcouch $4,101
Eden $497
Edgecliff Village $2,232
Edgewood $13,154
Edinburg $120,884
Edmonson $136
Real County $5,073
Red Lick $23
Red Oak $26,843
Red River County $29,306
Redwater $1,058
Reeves County $103,350
Refugio $8,839
Refugio County $46 216
Reklaw $1,136
Reno $3,791
Reno $11,164
Retreat $52
Rhone $12,285
Rice $1,972
Richardson $260,315
Richland $210
Richland tills $24,438
Richland Springs $2,234
Richmond $77,606
Richwood $12,112
Riegel $1,118
Rio Bravo $8,548
Rio Grande City $25,947
Rio Hondo $3,550
Rio Vista $4,419
Rising Star $1,933
River Oaks $11,917
Riverside $858
Roanoke $275
Roaring Springs $461
Robert Lee $85
Roberts County $547
Robertson County $44,642
Robinson $18,002
Robstown $40,154
Roby $428
Rochester $674
Rockdale $20,973
Rockport $54,253
Rockspnngs $25
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Edna $18,194
Edom $2,149
Edwards County $975
El Campo $31,700
El Cenizo $621
El Lago $5,604
El Paso $1,224,371
El Paso County $2,592,121
Eldorado $50
Electra $15,716
Elgin $26,284
Elkhart $301
Ellis County $315,372
Elmendorf $746
Elsa $7,720
Emhouse $83
Emory $3,878
Enchanted Oaks $1,299
Encino' $1,515
Ennis $81,839
Erath County $102,616
Escobares $40
EsteIline $909
Euless $92,824
Eureka $334
Eustace $2,089
Evant $2,068
Everman $7,692
Fair Oaks Ranch $3,077
Fairchilds $81
Fairfield $1,245
Fairview $32,245
Falfurrias $2,221
Falls City $41
Falls County $34,522
Fannin County $131,653
Farmers Branch $94,532
Farmersville $10,532
Farwell $313
Fate $3,473
Rockwall $114,303
Rockwall County $168,820
Rocky Mound $280
Rogers $3,818
Rolhngwood $4,754
Roma $16,629
Roman Forest $3,610
Ropesvdle $2,122
Roscoe $778
Rose City $4,012
Rase Hill Acres $2,311
Rosebud $1,489
Rosenberg $126,593
Rose $147
Rosser $549
Rotan $1,493
Round Mountain $454
Round Rock $475,992
Round Top $140
Rowlett $99,963
Roxton $47
Royse City $23,494
Rule $800
Runaway Bay $6,931
Runge $255
Runnels County $33,831
Rusk $17,991
Rusk County $151,390
Sabinal $1,811
Sabine County $46,479
Sachse $23,400
Sadler $925
Saginaw S31,973
Salado $3210
San Angelo $536,509
San Antonio $4,365,416
San Augustine $25,182
San Augustine County S37,854
San Benito $40,015
San Diego $11,771
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Fayette County $92,440
Fayetteville $391
Ferris $13,873
Fisher County $5,518
Flatonia $5,661
Florence $3,949
Floresville $21,699
Flower Mound $215,256
Floyd County $9,049
Floydada $6,357
Foard County 55,764
Follett $212
Forest Hill $26,132
Forney $80,112
Forsan $576
Fort Bend County $1,506,719
Fort Stockton $4,411
Fort Worth S2,120,790
Franklin $3,931
Franklin County $25,783
Frankston $274
Fredericksburg $56,486
Freeport $72,973
Freer $3,271
Freestone County $50,495
Friendswood $140,330
Frio County $19,954
Fnona $2,343
Frisco $405,309
Fntch $4,548
Frost $321
Fnritvale $2,344
Fulshear $5,272
Fulton $1,602
Gaines County $54,347
Gainesville $153,980
Galena Park $13,093
Gallatin $1,253
Galveston $483,187
Galveston County $1,124,093
San Elizario
San Felipe
San Jacinto County
San Juan
San Leanna
San Marcos
San Patricio
San Patricio County
San Perkta
San Saba
San Saba County
Sanctuary
Sandy Oaks
Sandy Point
Sanford
Sanger
Sansom Park
Santa Anna
Santa Clara
Santa Fe
Santa Rosa
Savoy
Schertz
Schleicher County
Schulenburg
Scotland
Scottsville
Scurry
Scurry County
Seabrook
Seadrift
Seagoville
Seagraves
Sealy
Seguin
Selina
Seminole
Seven Oaks
Seven Points
Seymour
Page 12
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$7,831
$1,498
$197,398
$28,845
$36
$325,633
$4,213
$271,916
$2,219
$10,057
$17,562
$17
$9,363
$1,637
$308
$22,237
$223
$329
$87
$33,272
$2,138
$2,349
$60,110
$5,695
$2,560
$143
$703
$1,110
$73,116
$30,270
$991
$17,106
$7,531
$20,637
$376,533
$22,429
$16,092
$3,917
$7,452
$14,218
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1
Ganado $5,510
Garden Ridge $11,351
Garland $420,214
Garrett $2,510
Garrison $3,555
Gary City S450
Garza County $8,944
Gatesville $26,994
George West $6,207
Georgetown $225,896
Gholson $1,505
Giddings $12,674
Gillespie County $63,191
Gilmer $33,951
Gladewater $24,634
Glasscock County $1,000
Glen Rose $540
Glenn Heights $16,593
Godley $3,115
Goldsmith $677
Goldthwaite $1,225
Coiled $3,563
Coliad County $34,660
Golinda 5100
Gonzales $14,842
Gonzales County $33,230
Goodlow S221
Goodrich $9,643
Cordon $365
Goree $749
Gorman $3,107
Graford $23
Graham S235,428
Granbury $71,735
Grand Prairie $445,439
Grand Saline $36,413
Grandfalls $65
Grandview $6,600
Granger $2,741
Granite Shoals $11,934
Shackelford County $1,288
Shady Shores S594
Shallowater $1,907
Shamrock $4,323
Shavano Park $3,178
Shelby County 5109,925
Shenandoah S47,122
Shepherd $147
Sherman S330,585
Sherman County $7,930
Shiner $4,042
Shoreacres 8958
Silsbee 566,442
Sdverton S14
Simonton $1,906
Sutton S23,658
Skellytown $400
Slaton $154
Smiley S655
Smith County $758,961
Smithville $17,009
Smyer $300
Snook $1,422
Snyder $9,018
Socorro $11,125
Somerset $1,527
Somervell County $57,076
Somerville $3,806
Sonora $7,337
Sour Lake $17,856
South Houston 825,620
South Mountain 8154
South Padre Island $30,629
Southlake $70,816
Southmayd $7,096
Southside Place $885
Spearman $14,000
Splendora $7,756
Spofford $7
Spring Valley Village $16,404
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Granjeno $43
Grapeland $7,287
Grapevine $129,195
Gray County $65,884
Grays Prairie $17
Grayson County $539,083
Greenville $203,112
Gregg County $243,744
Gregory $4,697
Grey Forest $474
Grimes County $99,878
Groesbeck $5,745
Groom $965
Groves $40,752
Groveton $8,827
Gruver $1,166
Guadalupe County $146,324
Gun Barrel City $36,302
Gunter $4,609
Coeliac $34
Hackberry $94
Hale Center $6,042
Hale County $79,150
Hall County $8,933
Hallettsville $6,895
Hapsburg $272
Hallsvflfe $10,239
Haltom City $71,800
Hamilton $3,581
Hamilton County $66,357
Hamlin $4,656
Hansford County $16,416
Happy $327
Hardeman County $15,219
Hardin $100
Hardin County $379,800
Harker Heights $113,681
Harlingen $165,429
Harris County $14,966,202
Harrison County $185,910
Springlake $3
Springtown $14,294
Spur $427
St. Hedwig $111
St Jo $7,360
St. Paul $21
Stafford $75,145
Stagecoach $3,036
Stamford $398
Stanton $3,838
Staples $19
Star Harbor $151
Starr County $99,896
Stephens County $35,244
Stephenville $83,472
Sterling City $62
Sterling County $939
Stinnett $4,097
Stockdale $741
Stonewall County $1,822
Stratford $8,378
Strawn $987
Streetman $5
Sudan $32
Sugar Land $321,561
Sullivan City $6,121
Sulphur Springs $124,603
Sun Valley $4
Sundown $2,592
Sunnyvale $3,248
Sunray $2,571
Sunrise Beach Village $2,083
Sunset Valley $9,425
Surfside Beach $6,530
Sutton County $6,541
Sweeny $4,503
Sweetwater $68,248
Swisher County $7,251
Taft $5,361
Tahoka $430
Page 14
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Hart $36
Hartley County $786
Haskell $10,829
Haskell County $22,011
Haslet $1,908
Hawk Cove $674
Hawkins S7,932
Hawley S931
Hays S506
Hays County $529,489
Hearne $16,824
Heath $28,751
Hebron $687
Hedley $70
Hedwig Village $13,067
Hetotes $15,790
Hemphill $3,035
Hemphill County $14,394
Hempstead $21,240
Henderson $59,966
Henderson County $327,965
Henrietta S2,720
Hereford $20,423
Hewitt $19,776
Hickory Creek $16,510
Hico S5,534
Hidalgo $26,621
Hidalgo County S1,253,103
Hideaway $922
Higgins $43
Highland Haven $320
Highland Park $43,333
Highland Village $50,315
Hill Country Village $6,485
Hill County $127,477
Hillcrest $5,345
Hillsboro - $46,609
Hilehire Village $859
Hitchcock $28,796
Hockley County $46,407
Telco $372
Talty $9,124
Tarrant County $6,171,159
Tatum $972
Taylor $57,945
Taylor County $351,078
Taylor Lake Village 8412
Taylor Landing $153
Teague $1,714
Tehuacana $12
Temple $280,747
Tenaha $4,718
Terrell $148,706
Terrell County $5,737
Terrell Hills $9,858
Terry County $25,423
Texarkana S192,094
Teens City $298,702
Texhoma $156
Texline $365
The Colony $114,297
The Hills $1,004
Thompson $1,897
Thorndale $1,595
Thornton $270
Thorntonville $87
Thrall $825
Three Rivers $4,669
Tbrockmorton $29
Throckmorton County $5,695
Tiki Island $2,178
Timbercreek Canyon $369
Timpson S12,612
Tioga $2,390
Tires $185
Titus County S70,611
Toco S4
Todd Mission $1,680
Toler $2,369
Tom Bean $2,293
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Holiday Lakes $1,795
Holland $77
Holliday $5,910
Hollywood Park $9,424
Hondo S115,288
Honey Grove $7,196
Hood County 8292,105
Hooks S2,702
Hopkins County $149,518
Horizon City $7,520
Horseshoe Bay $48,173
Houston County $78,648
Houston $7,021,793
Howard County $89,330
Howardwick $34
Howe $9,177
Hubbard $3,635
Hudson $6,840
Hudson Oaks $15,637
Hudspeth County $985
Hughes Springs $4,442
Humble $73,952
Hunt County $309,851
Hunters Creek Village $14,708
Huntington 53,792
Huntsville $80,373
Hurst $99,187
Hutchins $9,551
Hutchinson County $74,630
Hutto $39,346
Huxley $738
ldalou S1,999
Impact S8
Indian Lake $473
Industry S604
Ingleside on the Bay $142
Ingleside $40,487
Ingram $5,243
Iola $3,164
Iowa Colony $4,090
Tom Green County S282,427
Tomball $34,620
Tool $14,787
Toyah $40
Travis County $4,703,473
Trent $63
Trenton $3,089
Trinidad $5,859
Trinity $23,652
Trinity County $105,766
Trophy Club $29,370
Troup $7,918
Troy $5,320
Tulle $8,911
Turkey $737
Tuscola $133
Tye $1,766
Tyler $723,829
Tyler County $131,743
Uhland $1,545
Uncertain $185
Union Grove $994
Union Valley $666
Universal City $28,428
University Park $50,833
Upshur County S128,300
Upton County $8,499
Uvalde $18,439
Uvalde County $36,244
Val Verde County $117,315
Valentine $207
Valley Mills $2,228
Valley View $1,824
Van $6,206
Van Alstyne $43,749
Van Horn $211
Van Zandt County $248,747
Vega $974
Venus $9,792
Vernon $81,337
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Iowa Park , $23,487
Iraan $56
Iredell 5216
Irian County $9,105
Irving $427,818
Italy $5,349
Itasca $8,694
Ivanhoe $26
Jacinto City $14,141
Jack County $14,799
Jacksboro $23,254
Jackson County $37,934
Jacksonville $30,179
Jamaica Beach $4,913
Jarrell $2,423
Jasper $78,422
Jasper County $248,855
Jayton $63
Jeff Davis County $3,500
Jefferson $11,194
Jefferson County $756,614
Jersey Village $36,317
Jewett $9,338
Jim Hogg County $12,718
Jim Wells County $166,539
Joaquin $alo
Johnson City $3,581
Johann County $408,692
Jolly $26
Jones County $22,001
Jones Creek $5,073
Jonestown $6,419
Josephine $831
Joshua $20,619
Jourdanton $9,600
Junction $4,82.5
Justin $8,575
Karnes City $11,632
Karnes County $35,249
Katy $52,467
Victoria $84,598
Victoria County $520,886
Vidor $95,620
Vinton $622
Valente $333
Von Ormy $513
Waco 8512,007
Waelder $3,427
Wake Village $174
Walker County S184,624
Waller County S126,206
Waller S11,295
Wallis $2,698
Walnut Springs $183
Ward County $67,920
Warren City $66
Washington County $83,727
Waskom $5,346
Watauga $33,216
Waxahachie $152,094
Weatherford $207,872
Webb County $505,304
Webberville $1,230
Webster $53,202
Weimar $5,830
Weiner $234
Weir $443
Wellington $9,111
Wellman $383
Wells $1,357
Weslaco $73,949
West $3,522
West Columbia $17,958
West Lake Hills $17,056
West Orange $42,452
West Tawakoni $6,995
West University Place $34,672
Westbrook $43
Westlake $41,540
Weston $266
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Kaufman $27,607
Kaufman County $353,097
Keene $34,296
Keller $79,189
Kemah $28,325
Kemp $6,419
Kempner $330
Kendall County $100,643
Kendleton $13
Kenedy $676
Kenedy County $1,000
Kenefick $416
Kennard $132
Kennedale $21,024
Kent County $939
Kerens $1,924
Kermit $5,652
Kerr County $218,452
Kerrville $190,357
Kilgore $105,533
Killeen $535,650
Kimble County $20,480
King County $1,000
Kingsville $20,083
Kinney County $2,142
Kirby $8,752
Kirbyville $10,690
Kirvin $2
Moberg County $124,109
Knollwood $1,160
Knox City $1,962
Knox County $11,730
Kosse $2,468
Kountze $19,716
Kr® $186
Krugerville 81,508
Krum $9,661
Kurten '$686
Kyle $51,835
La Feria $10,381
Weston Lakes $189
Westover Hills $4,509
Westworth Village $7,842
Wharton $31,700
Wharton County $72,887
Wheeler $447
Wheeler County $26,273
White Deer $1,273
White Oak $15,305
White Settlement $23,304
Whiteface $155
Whitehouse 529,017
Whitesboro $18,932
Whitewright $7,098
Whitney $73
Wichita County $552,371
Wichita Falls $832,574
Wickett $87
Wilbarger County $55,124
Willacy County $24,581
Williamson County $1,195,987
Willis $24,384
Willow Park $26,737
Wills Point $43,765
Wilmer $426
Wilson $12
Wison County $121,034
Wimberley $724
Winderest $12,908
Windom $1,087
Windthorst $3,385
Winfield $290
Wink $120
Winkler County $61,163
Winnsboro $28,791
Winona $319
Winters $6,229
Wise County $289,074
Wixon Valley $441
Wolfe City $5,466
Page 18
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La Grange $9,623
La Giulia $1,708
La Jaya $8,457
La Marque $98,930
La Porte $91,532
La Salle County $14,975
La Vernia $3,217
La Villa $572
La Ward $321
LaCoste $159
Lacy -Lakeview $11,599
Ladonia $2,011
Lago Vista $13,768
Laguna Vista $3,689
Lake Bridgeport $232
Lake City $2,918
Lake Dallas $25,314
Lake Jackson $75,781
Lake Tanglewood $613
Lake Worth $20,051
Wolfforth $4,022
Wood County $267,048
Woodbranch $9,617
Woodcreek $358
Woodloch $1,012
Woodeboro $1,130
Woodson $122
Woodville $20,340
Woodway $2-5,713
Wortham 8376
Wylie $114,708
Yantis $2,072
Yoakum County $34,924
Yoakum 820,210
Yorktown $5,447
Young County $44,120
Zapata County $56,480
Zavala County $38,147
Zavalla $1,088
Page 19
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EXHIBITC
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Exhibit C: TX Opioid Council Sr Health Care Region Allocations plus Administrative Costs
70% of Total ($700 million)
Health Care Region Allocation : $693 million; Administrative Costs: $7 million
Region
Counties in Health Care Region Allocation
Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg,
1 Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Moms, Panola, Rains,
Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $33,223,336
2 Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton,
Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $54,149,215
3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton 8120,965,680
4 Aransas, Bee, Brooks, De Witt, Duval, Coliad, Gonzales, Jackson, Jim Wells, Karnes,
Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugia, San Patricio, Victoria S27,047,477
5 Cameron, Hidalgo, Starr, Willacy S17,619,875
6 Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall,
Kerr, Kmney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala 268,228,047
7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691
8 Bell, Blanco, Burnet, Lampasas, Llano, Milani, Mills, San Saba, Williamson $24,220,521
9 Dallas, Kaufman $66,492,094
10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414
I1 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan,
Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818
Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Colbngsworth,
Cottle, Crosby, Dailam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza,
12 Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb,
Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall,
Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,493,027
Coke, Coleman, Concha, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos,
Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green S5,195,605
Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving,
Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler S12,124,354
15 El Paso, Hudspeth $17,994,285
16 Basque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $5,452,018
17 Brazos, Burleson, Crimes, Leon, Madison, Montgomery, Robertson, Walker, Washington S23,042,947
18 Collin, Denton, Grayson, Rockwall $39,787,684
19 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita,
Wilbarger, Young $12,665,268
20 Jim Hogg, Maverick, Webb, Zapata $6,755,656
Administrative Costs $7,000,000
13
14
Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A.
Resolution No. 2021-39(R) Participation in Opioid Settlement
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Exhibit 2
Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City. State. Zip:
Phone:
Email:
The governmental entity identified above ("Gov ertmmental Entity'), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Janssen Settlement'), and acting through the undersigned
authorized official, hereby elects to participate in the Janssen Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Janssen Settlement,
understands that all terms in this Election and Release have the meanings defined therein,
and agrees that by this Election, the Governmental Entity elects to participate in the
Janssen Settlement and become a Participating Subdivision as provided therein.
2. The Govemmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has
filed_
3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein. including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Janssen
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Janssen
Settlement.
7. The Govemmental Entity has the right to enforce the Janssen Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Janssen Settlement, including but not limited to all provisions of
86
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Section IV (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to
any Released Claim.
9. In connection with the releases provided for in the Janssen Settlement, each
Governmental Entity expressly waives, releases. and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally. and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever. and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Janssen Settlement.
10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement
controls.
87
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I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity_
Signature:
Name:
Title:
Date:
88
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Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Distributor Settlement'), and acting through the undersigned
authorized official, hereby elects to participate in the Distributor Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributor Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, secure the dismissal with prejudice of any Released
Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5_ The Governmental Entity agrees to use any monies it receives through the Distributor
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Distributor
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Distributor Settlement
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7. The Governmental Entity has the right to enforce the Distributor Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including, but not limited to, all provisions of
Part XI, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency, person, or
other entity claiming by or through any of the foregoing, and any other entity identified in
the definition of Releasor, provides for a release to the fullest extent of its authority. As a
Releasor, the Governmental Entity hereby absolutely, unconditionally_ and irrevocably
covenants not to bring, file, or claim, or to cause, assist or permit to be brought. filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Distributor
Settlement are intended by the Parties to be broad and shall be interpreted so as to give
the Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims_ The Distributor Settlement shall be a complete bar to any Released
Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10. In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims. but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if blown, would materially affect the Governmental Entities' decision to
participate in the Distributor Settlement.
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11 _ Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Participation Form is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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