RES. 2021-15 - Opioid Settlement TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2021-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB,TEXAS SUPPORTING THE ADOPTION AND APPROVAL OF THE
STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID
ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM
SHEET; ENACTING OTHER PROVISIONS RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, TOWN OF TROPHY CLUB, TEXAS obtained information indicating that
certain drug companies andtheir 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/or distribution of opioids that have resulted in
addictions and overdoses; and
WHEREAS, these actions, conduct and misconduct have resulted in significant financial
costs to the County; and
WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney
General, and a negotiation group for Texas political subdivisions entered into an
Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation
Term Sheet (hereafter, 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 "A"; and
WHEREAS, Special Counsel and the State of Texas have recommended that the TOWN
OF TROPHY CLUB, TEXAS TOWN COUNCIL support the adoption and approval the
Texas Term Sheet in its entirety.
NOW, THEREFORE, BE IT RESOLVED that we, the Council Members of TROPHY
CLUB]:
1. Support the adoption and approval the Texas Term Sheet in its entirety; and
2. Finds as follows:
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a. There is a substantial need for repayment of opioid-related expenditures
andpayment to abate opioid-related harms in and about TROPHY CLUB; and
b. The Town Council 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 Town
Council 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.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 25th day of October 2021.
,hG Q � ( IACA
ROP Alici . Fleury, Mayor
OF h'y0 n of Trophy Club, exas
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ATTEST: [ AL ��h APP VED AS FORM:
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eticia Vacek, Town S6cretary J. qaV Dodd III, Town Attorney
Town of Trophy Club, Texas T n of Trophy Club, Texas
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EXHIBIT K
Subdivision Settlement Participation Form
Governmental Entity:Towwn of TROPHY CLUB State: TEXAS
Authorized Official: Mayor Alicia Fleury
Address 1: 1 Trophy Wood Dr
Address 2:
City, State, Zip: Trophy Club,Tx 76262
Phone: 682-237-2900
Email: mayor@trophyclub.org
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 known, 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 t is Particip ' n Form on behalf of the
Governmental Entity.
Signature:
Name: � yor Alicia F
Title: Mayor
Date: October 25, 2021
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EXHIBIT K
Settlement Participation Form
Governmental Entity:Town of TROPHY CLUB State:TEXAS
Authorized Official: Mayor Alicia Fleury
Address 1: 1 Trophy Wood Dr
Address 2:
City, State, Zip: Trophy Club,TX 76262
Phone: 682-237-2900
Email: ayorgotrophyclub.org
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 ("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 Governmental 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 Governmental 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
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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.
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I have all necessary power and authorization to execute t s Election Release on behalf of
the Governmental Entity.
Signature:
Name: or Alicia Veury
Title: Mayor
Date: October 25, 2021
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