2023-18 - Authorize opioid claims settlement

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Baker, Bullock, Kepple, Marx, Rader, Shachner RESOLUTION NO.2023-18 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor or her designee to enter into an agreement to participate in the settlement of opioid claims with other communities and the State of Ohio with Teva, Allergan, CVS, Walgreens, and Walmart (the "Settling Defendants"). WHEREAS, in November and December 2022, the Settling Defendants agreed to a settlement in the aggregate amount of approximately $18.75 billion; and WHEREAS, the respective Settling Defendants will pay these amounts over a period of years, with the longest period of payment being 15 years; and WHEREAS, the settlements are contingent on whether a sufficient percentage of political subdivisions and related entities choose to opt in or participate in the settlements; and WHEREAS, assuming the requisite participation level, the State of Ohio and participating communities will receive their respective shares of the aggregate settlement amount pursuant to the formula set forth in the OneOhio Memorandum of Understanding; and WHEREAS, the City intends to use its portion of the settlement funds for strategies focused on the abatement of the opioid epidemic; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departments in order to receive and make these settlement funds available as soon as possible; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor or her designee is hereby authorized to enter into any necessary agreements to participate in a group settlement with other communities and the State of Ohio to resolve pending opioid claims against Teva, Allergan, CVS, Walgreens, and Walmart. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this