A RESOLUTION
WHEREAS, the city of Oakwood is a Local Government that has adopted The OneOhio Memorandum of Understanding (the “MOU”), which establishes a mechanism to disburse settlement proceeds from opioid litigation into Ohio’s communities to help abate the opioid crisis, including allocations to Local Governments and Regions through a statewide Foundation; and
WHEREAS, Council understands that an additional purpose of the MOU is to create an effective means of distributing any potential settlement funds obtained under the MOU between the State of Ohio and Local Governments in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Ohio, as well as to permit collaboration and potentially earlier resolution of the Opioid Litigation against Opioid Pharmaceutical Supply Chain Participants; and
WHEREAS, nothing in the MOU binds any party to a specific outcome, but rather, any resolution under the MOU requires acceptance by the State of Ohio and the Local Governments; and
WHEREAS a settlement proposal has been presented to the State of Ohio and Local Governments by one defendant, Kroger (the “Settling Defendant”), that would resolve governmental entity claims involving this party in the State of Ohio using the structure of the OneOhio MOU; and
WHEREAS, Ohio political subdivisions are required to opt in or out of this settlement proposal no later than August 12, 2024;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, THAT:
SECTION I.
Council hereby authorizes the City Manager to sign and submit, on the city’s behalf, a participation agreement and such other documents as may be necessary to ensure Oakwood’s participation in the above-described settlement with the Settling Defendant, consistent with the provisions of The OneOhio Memorandum of Understanding (“MOU”).
SECTION II.
In the event of any future settlement with one or more defendants of opioid-related governmental entity claims, where such settlement would inure to the benefit of the city of Oakwood and is to be administered under the disbursement mechanism set forth in the OneOhio MOU, the City Manager is further authorized to sign and submit, on the city’s behalf, a participation agreement and such other documents as may be necessary to ensure Oakwood’s participation in such settlement, consistent with the provisions of The OneOhio MOU, without further legislative approval of this Council.
SECTION III.
It is hereby 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 deliberations of this Council and of any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
SECTION IV.
This resolution shall take effect as of the day of its passage.
PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this day of , 2024.
Mayor William D. Duncan