Resolution 2024-31 RESOLUTION NO.2024-31(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; OPTING
INTO THE KROGER GLOBAL SETTLEMENT AGREEMENT DATED AS OF
MARCH 22, 2024; AUTHORIZING THE 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("Ci1y"),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 City previously adopted and approved the Texas Term Sheet, which
is available at https:llwww.texasattorneygeneraLgov/sites/default/
files/images/admin/2021/Globa101.20Opioid%20SettlementYa20Fi les/Settlement%20A llocation%20Term
%20Sheet.pdf; and
WHEREAS,the State of Texas has recommended that the City Council of the City of Wylie,Texas
("City Council"), opt into and participate in a settlement with The Kroger Co., as set forth in that certain
Kroger Global Settlement Agreement dated as of March 22,2024; and
WHEREAS, participating in the settlement 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 settlement.
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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 Ordinance as if fully set forth herein.
SECTION 2: Ci . Manager Authorization. The City Council hereby authorizes the City Manager
to execute the Subdivision Settlement Participation Form, attached hereto as Exhibit 1, in accordance with
the provisions set forth in the previously adopted Texas Term Sheet, and further authorizes the City
Manager to take any additional actions necessary to implement the intent of this Resolution.
SECTION 3: 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 1 Oth day of December, 2024.
/A & ( '?eav
atthew Porter,Mayor
ATTESTED TO AND -
CORRECTLY RECORDED BY:
f
Stephanie Storm, City Secretary
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Exhibit 1
TEXAS SETTLEMENT SUBDIVISION PARTICIPATION AND RELEASE FORM
Political Subdivision: Texas
Authorized Official:
Address 1:
Address _:
City. State. zip:
Phone:
Email:
The governmental entity identified above ("Texas Political Subdivision"). in order to obtain
and in consideration for the benefits provided to the Texas Political Subdivision pursuant to
the Kroger Texas Settlement Agreeinent and Full Release of All Claims dated October 30,2024
r*K oger Texas Settlement'*). and actu' 12 throuall the tmdersiglled authorized official.hereby
elects to participate it the Kroger Texas Settlement. release all Released Claims against all
Released Entities. mid agrees as follows.
1. The Texas Political Subdivision above is a,vare of and leas reviewed the Kroger
Settlement Agreeinlent. understands that all teens m this Participation and Release
Form have the meanings defined therein. and agrees that by executing this
Participation and Release Form. the Texas Political Subdivision elects to participate
it the Kroger Texas Settlement and become a Participating Texas Political
Subdivision as provided therein.
_'. The Texas Political Subdivision shall inniiiediately cease any and all litigation
activities as to the Released Entities and Released Claims and. within 14 days of
executing this Participation and Release Form. its counsel shall work with Kroger's
counsel to dismiss with prejudice any Released Claims that it has filed.
3. The Texas Political Subdivision agrees to the terms of the Ksro2er Texas Settlement
pertaining to Texas Political Subdivisions as provided therein.
4. By agreeing to the terms of the Kroaer Texas Settlement and becoinm2 a Releasor.
the Texas Political Subdivision is entitled to the benefits provided therein. includ' 12.
if applicable. monetary payments beam minx after the Effective Date of the Release.
5. The Texas Political Subdivision agrees to Ilse ainv monies it received through the
Kroger Texas Settlement solely for the purposes provided therein.
A-1
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6. The Texas Political Subdivision submits to the exclusive jurisdiction and authority of
the Texas Consolidated Litigation Court as defiled in the Kroger Texas Settlement.
For the avoidance of doubt.nothing contained in this Participation and Release Fonnl.
or the Kroger Texas Settlement. constitutes consent to jurisdiction. express or
implied.over the Texas Political Subdivision or its selected cournsel to the jurisdiction
of any other court{including without linitation hIDL 2504.the NIDL 2504 Fee Pa11el.
the MDL 2SO4 Enforcement Conlnnittee. or the Court ill Nvllich any Texas Consent
Tudg111ent Is filed) foI'any purpose whatsoever.
The Texas Political Subdivision. as a Participating Texas Subdivision. has the right
to enforce the Kroger Texas Settlement in the Texas Consolidated Litigation Court
as provided therein.
S. The Texas Political Subdivision. as a Participating Texas Subdivision. hereby
becomes a Releasor for all purposes in the Kroger Texas Settlement. including but
not limited to all provisions of Section V (Release). and along with all departments.
agencies. divisions.boards. conunnissions. districts. iistnunlentalities 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 elainllllg 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 Texas Political
Subdivision hereby absolutely. unconditionally. and irrevocably covenants not to
bring. file. or clairu. or to cause. assist or penint to be brought. filed. or claimed. or
to otherwise seek to establish liability for any Released Clailus against any Released
Entities in any fonunn whatsoever. The releases provided for in the Kroger Texas
Settlennent are intended by the Pal-ties to be broad and shall be interpreted so as to
give the Released Entity 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 Texas
Political Subdivision to release claims. The Kroger Texas Settlement shall be a
complete bar to any Released Clainl.
9. The Texas Political Subdivision hereby takes on all lights and obligations of a
Participating Texas Subdivision as set forth i11 the Kroger Texas SettlenneIlt.
10. In connection with the releases provided for in the Kroger Texas Settlement. each
Texas Political Subdivision 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 conruon law. which is
sinnilar. comparable. or equivalent to § 1542 of the California Civil Code. which
reads:
General Release.extent.A general release does not extend to clalllls
that the creditor or releasinb party does not know or suspect to exist
In his or heI' favor at the tinie of executing the release that. it klnosvn
by luiln or her. would have materially affected his or her settlement
with the debtor or released party.
--,
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A Releasor inay hereafter discover facts other than or different froin those -which it
knows. believes. or assumes to be true-,with respect to the Released Claitlls. but each
Texas Political Subdivision 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 whicli Releasors do not know or suspect to exist.
whether through ignorance. oversight. error. negligence or through no fault
-,whatsoever. and;t-hich. if kno-wn.R-ould materially affect the Goveniiilental Entities'
decision to participate in the Kroger Texas Settlement,
11. The Texas Political Subdivision acknowledges. agrees. and understands that the
ylaxuuunl Texas Settlement Amount to be paid under the Kroger Texas Settlement
for the benefit of the Participating Texas Political Subdivision. is less than or equal
to the amount. in the aagregate. of the Alleaed Harlus allegedly suffered by the
govel-luileiltal entity. constitutes restitution and renlediation for damage or hariu
allegedly caused by Kloaer in order to restore. in whole or pair. the aovenuuental
entity to the sallie position or condition that it would be ul had it not suffered the
alleged Harms: and constitutes restitution and renlediation for damage or hams
allegedly caused by the potential violation of a law and or is all amount paid to
collie into compliance with the lave.
12. Nothula herein is intended to modif}, in any way the terms of the Kroger Texas
Settlement Agreement.to which the Texas Political Subdivision hereby agrees. To
the extent this Participation and Release Fonli is interpreted differently from the
Kroger Texas Settlement. the Kroger Texas Settlement controls.
I have all necessary power and authorization to execute this Participation and Release
Forlu on behalf of the Texas Political Subdivision.
Signature:
Name:
Title:
Date:
A-,
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