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HomeMy Public PortalAboutResolution No. 551-22 02-28-2022RESOLUTION NO. 551-22 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE GLOBAL OPIOID SETTLEMENT DOCUMENTS RELATING TO THE ENDO PHARMACEUTICAL COMPANIES AND THE TEVA PHARMACEUTICAL COMPANIES. WHEREAS, the City of Richland Hills ("City") is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has obtained 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/or reckless marketing and/or distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, the actions, conduct , and misconduct of these Defendants have resulted in significant financial cost to the City; 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, the City previously resolved to adopt the Texas Term Sheet on November 8, 2021, and to participate in settlement agreements related thereto; and WHEREAS, the State of Texas has negotiated a settlement agreement with Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Endo International pie, Par Pharmaceutical, Inc., and Par Pharmaceutical Companies, Inc. (collectively "Endo"), resolving litigation and potential litigation between Endo and the state and its subdivisions; and WHEREAS, the State of Texas has negotiated a settlement agreement with Teva Pharmaceutical Industries Ltd .; Teva Pharmaceuticals USA, Inc.; Cupric Holding Co., Inc.; Teva Pharmaceutical Holdings Cooperative U.A.; Teva Pharmaceuticals Europe B.V.; Cephalon, Inc.; Watson Laboratories, Inc.; Actavis LLC; Actavis Pharma, Inc. f/k/a Watson Pharma, Inc.; Warner Chilcott Co., LLC; Actavis South Atlantic LLC; Actavis Elizabeth LLC; Actavis Mid Atlantic LLC; Actavis Totowa LLC; Actavis Kadian LLC; Actavis Laboratories UT, Inc . f/k/a Watson Laboratories lnc.-Salt Lake City; Actavis Laboratories FL, Inc. f/k/a Watson Laboratories, lnc.-Florida; and Anda, Inc. (collectively "Teva"), resolving litigation and potential litigation between Teva and the state and its subdivisions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF RICHLAND HILLS, TEXAS THAT: SECTION 1. Per the terms of the previously adopted Texas Term Sheet, the City Council hereby authorizes the City Manager to execute on the City 's behalf the Texas Subdivision and Special District Election and Release Form and settlement agreement between Endo and the State of Texas and the subdivisions therein . Said form is attached hereto as Attachment A . In addition, and also per the terms of the previously adopted Texas Term Sheet , the City Council hereby authorizes the City Manager to execute on the City 's behalf the Texas Subdivision and Special District Election and Release Form and settlement agreement between Teva and the State of Texas and the subdivisions therein . Said form is attached hereto as Attachment B . SECTION 2. Upon execution of the Texas Subdivision and Special District Election and Release Forms, the City Manager is authorized to send executed copies, with any required additional documentation, to the Office of the Attorney General, as required for participation in this settlement. SECTION 3. This resolution shall be in full force and effect after its passage and publication as required by law , and it is so resolved . APPROVED: LI Resolution No. 551-22, Page 2 of 49 EXHIBIT A 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 Attorney 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: 1 Resolution No . 551-22, Page 3 of 49 1. "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 (1) the State; (2) the PSC; and (3) Texas' 2 Resolution No. 551-22, Page 4 of 49 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 Attorney , 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. 3 Resolution No. 551-22, Page 5 of 49 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 Attorney General as Counsel for the State of Texas ("State Share"). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1 % shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 4 Resolution No. 551-22, Page 6 of 49 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 5 Resolution No. 551-22, Page 7 of 49 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 6 Resolution No. 551-22, Page 8 of 49 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 7 Resolution No. 551-22, Page 9 of 49 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 8 Resolution No. 551-22, Page 10 of 49 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. 9 Resolution No. 551-22, Page 11 of 49 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 10 Resolution No. 551-22, Page 12 of 49 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 Plaintiffs Steering Committee representatives, or the Political Subdivision representatives may withdraw 11 Resolution No. 551-22, Page 13 of 49 from coordinated Settlement discussions detailed in this Section upon 10 business days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical 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 12 Resolution No. 551-22, Page 14 of 49 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STA TE 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 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 the opioid epidemic throughout Texas. 13 Resolution No. 551-22, Page 15 of 49 Executed this _g_ day of May, 2020. FOR THE STATE OF TEXAS: j!:z.!])~ KENNETHPAXTON,JR. ATTORNEY GENERAL FOR THE SUBDIVISIONS AND TEXAS MDL PSC: MIKALWATTS WATTS GUERRA LLP ONE PANA TIER, PC DARAHEGAR LA Y,PC :sas Resolution No. 551-22, Page 16 of 49 EXHIBIT A Resolution No. 551-22, Page 17 of 49 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 opioid incidences; and c. 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 Resolution No. 551-22, Page 18 of 49 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 (East 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. Governance I . 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); 2 Resolution No. 551-22, Page 19 of 49 1. 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. 1. 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. 11. 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 Expenses 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 foregoin g 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/830 under the State Auditor's State Classification. The Comptroller will pay the salaries of the Council employees from the 3 Resolution No. 551-22, Page 20 of 49 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 Reimbursement 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. D ut ies/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 opio id 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 Paint of Contact 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 financial 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 Allocation 4 Resolution No . 551 -22, Page 2 1 of 49 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: 1. 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 . Appeal Process 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. 1. 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 where the final opioid judgment or Master Settlement Agreement is filed . The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 5 Resolution No. 551-22, Page 22 of 49 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 final 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 determine 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. 6 Resolution No. 551-22, Page 23 of 49 EXHIBIT B Resolution No. 551-22, Page 24 of 49 Exhibit B: Municipa l Ar ea Allocations: 15 % of Tota l ($150 million) (County numbers r efe r to di stribution to t he co un ty gove rnments a fter payment to cities within county bord ers has been mad e . Minimum distribution to eac h co unty is $1000. Municipal Ar ea Allo cation Municipal Area All ocat ion Abbott $688 Lakepo rt $463 Abe rnathy $110 Lakes id e $4 ,4 74 Abi len e $563,818 Lakes id e C ity $222 Ackerly $21 Lakeview $427 Addison $58,094 Lakeway $3 1,6 57 Adrian $181 Lakewood Village $557 Agua Dulce $43 Lamar County $141 ,598 Alamo $22,121 Lamb County $5 0 ,68 1 Alamo Heigh ts $28 ,19 8 Lamesa $29,656 A lba $3 ,196 Lampasas $28,2 11 Albany $180 Lampasas Co un ty $42,8 18 Al ed o $331 Lancaster $9 0 ,653 Ali ce $71 ,291 Laredo $763,174 Allen $315 ,081 Latexo $124 A lm a $1 ,107 Lavaca County $45,973 Alpine $29 ,686 Lavon $7,435 Alto $3,767 Lawn $58 Alton $11 ,540 Leag ue City $302 ,4 18 Alvarado $29 ,029 Leakey $256 Alvin $113 ,9 62 Lea nd er $88,64 1 Alvord $358 Leary $797 Ama rillo $98 7,6 61 Lee Co un ty $30,457 Ames $5 ,571 Lefors $159 Amherst $22 Leon Co un ty $67,393 An a huac $542 Leo n Vall ey $23,258 Anderson $19 Leo na $883 Anderson County $268,763 Leonard $8,505 Andrews $18 ,983 Leroy $176 Andrews County $37 ,606 Levelland $46 ,848 Ange lin a County $229 ,956 Lewisville $382,094 Angleto n $62 ,791 Lexington $2 ,3 18 Angus $331 Liberty $72 ,343 Anna $9,075 Liber ty County $53 1,212 Annetta $5 ,956 Liberty Hill $2,780 Annetta North $34 Lim esto ne Co unty $135,684 (Table co n t inu es on multiple pages be low) Resolution No. 551-22, Page 25 of 49 Annetta South $602 Linco ln Park $677 Annona $738 Lindale $24 ,202 Anson $5,134 Lind en $3 ,66 1 Anthony $4 ,514 Lindsay $1 ,228 Anton $444 Lipan $44 Appleby $1 ,551 Lipscomb Co un ty $10 ,132 Aquilla $208 Li t tle Elm $69,326 Aransas County $266 ,512 Little Riv er-Academy $798 Aransas Pass $57,813 Littlefield $7 ,678 Archer City $10,554 Live Oak $32 ,740 Archer County $45 ,534 Live Oak County $39 ,716 Arcola $7 ,290 Liverpool $1 ,4 35 Argyle $11 ,406 Livingston $73 ,165 Ar li ngton $735,803 Llano $23 ,121 Armstrong County $974 Llano County $115 ,647 Arp $2 ,009 Lockhart $49 ,050 Asherton $112 Lockney $3 ,30 1 Aspermont $9 Log Cabin $1 ,960 Atascosa County $176,903 Lometa $1 ,176 Athens $105 ,942 Lon e Oak $1 ,705 Atlanta $30 ,995 Lone Star $8,283 Aubrey $15 ,141 Longview $482 ,254 Aurora $1 ,849 Loraine $188 Austin County $76 ,030 Lorena $3 ,390 Austin $4 ,877 ,716 Lorenzo $11 ,358 Austwell $109 Los Fresnos $11 ,185 Avery $138 Los Indios $159 Avinger $1 ,115 Los Ybanez $0 Az le $32,213 Lott $1 ,516 Bailey $950 Lovelady $249 Bailey County $15 ,377 Loving County $1 ,000 Bailey's Prairie $5 ,604 Lowry Crossing $783 Baird $2 ,802 Lubbock $319 ,867 Balch Springs $27 ,358 Lubbock County $1 ,379 ,719 Balcones Heights $23 ,811 Lucas $5 ,266 Ballinger $9,172 Lu eders $508 Balmorhea $63 Lufkin $281 ,592 Bandera $2 ,893 Luling $29 ,421 Bandera County $86,815 Lumberton $36 ,609 Bangs $3 ,050 Lyford $3 ,071 Pag e 2 Resolution No. 551-22, Page 26 of 49 Bardwell $362 Lynn County $6,275 Barry $200 Lytle $7 ,223 Barstow $61 Mabank $19 ,443 Bartlett $3 ,374 Madison County $49 ,492 Bartonvill e $8,887 Madisonville $11,458 Bastrop $46 ,320 Magno lia $26 ,031 Bastrop County $343 ,960 Malakoff $12 ,614 Bay City $57 ,912 Malone $439 Baylor County $29,832 Manor $12 ,499 Bayou Vista $6 ,240 Mam;fie ld $150,788 Bayside $242 Manvel $12,305 Baytown $216,066 Marble Fall s $37 ,039 Bayview $41 Marfa $65 Beach City $12,505 Marietta $338 Bear Creek $906 Marion $275 Beasley $130 Marion County $54 ,728 Beaumont $683 ,010 Marlin $21 ,634 Beckville $1 ,247 Marquez $1 ,322 Bedford $94 ,314 Marshall $108,371 Bedias $3 ,475 Mart $928 Bee Cave $12,863 Martin County $10 ,862 Bee County $97 ,844 Martindale $2,437 Beevi ll e $24 ,027 Mason $777 Be ll County $650 ,748 Mason County $3,134 Bellaire $41,264 Matador $1 ,203 Bell evue $56 Matagorda County $135,239 Bell mead $14,487 Mathis $15 ,720 Be ll s $1 ,891 Maud $423 Bellville $7 ,488 Maverick County $115,919 Belton $72,680 Maypearl $986 Benavides $152 McAll e n $364,424 Benbrook $43 ,919 McCamey $542 Benjamin $951 McGregor $9 ,155 Berryville $14 ,379 McKinn ey $450 ,383 Bertram $182 McLean $14 Beverly Hills $4 ,336 McLendon-Chisholm $411 Bevi l Oaks $549 Mccu ll och County $20 ,021 Bexar County $7 ,007,152 Mclennan County $529 ,641 Big Lake $547 Mcmu ll en County $1 ,000 Big Sandy $4 ,579 Meadow $1 ,121 Pag e 3 Resolution No. 551-22, Page 27 of 49 Big Spring $189 ,928 Meadow lakes $905 Big Well s $236 Meadows P lace $18,148 Bishop $8 ,213 Medina County $48,355 Bishop Hills $323 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 Merc edes $21 ,441 Blossom $198 Meridian $3 ,546 Blue Mound $2 ,888 Merkel $10 ,117 B lue R idge $1 ,345 Mertens $239 Blum $1,622 Mertzon $29 Bo erne $45,576 Mes quite $310 ,709 Bogata $3,649 Mexia $21,096 Bonham $100 ,9 09 Miami $455 Bonney $2 ,5 10 Midland County $279 ,927 Booker $1 ,036 Midland $521,849 Borden County $1 ,000 Midlothian $95 ,799 Borger $69 ,680 Midway $78 Bosque County $71 ,073 Mi lam County $97 ,386 Bovina $173 Mil a no $904 Bowie $83 ,620 Mildred $286 Bowi e County $233,190 Mil es $93 Boyd $6 ,953 Mi lford $6 ,177 Brackettville $8 Mill er's Cove $97 Brady $27 ,48 0 Milli can $417 Brazoria $11 ,537 Mill s County $19 ,931 Brazoria County $1,021 ,090 Mills a p $34 Brazos Bend $462 Mineola $48 ,719 Brazos Country $902 Min eral W ell s $92,061 Brazos County $342 ,087 Mingus $189 Brec kenr idge $23 ,9 76 Miss ion $124 ,768 Bremond $5 ,554 Missouri City $209 ,633 Brenham $54,750 Mitchell County $20 ,850 Brewster County $60 ,087 Mobeet ie $52 Briarcliff $572 Mobile City $2 ,034 Briaroaks $57 Monahans $5,849 Bridge City $80 ,756 Mont Belvi e u $19 ,669 Pag e 4 Resolution No. 551-22, Page 28 of 49 Bridgeport $33 ,301 Montague County $94,796 Briscoe County $977 Montgomery $1,884 Broaddu s $31 Montgomery County $2,700,911 Bronte $99 Moody $828 Brooks County $20 ,710 Moore County $40,627 Brookshi re $6,406 Moore Station $772 Brookside V ill age $1 ,110 Moran $50 Brown Cou nty $193,417 Morgan $605 Browndell $152 Morgan's Point $3,105 Brownfield $14,452 Morgan's Point Resort $8,024 Brownsboro $3,176 Morris County $53,328 Brownsvill e $425 ,057 Morton $167 Brownwood $166,572 Motley County $3,344 Brucevill e-Eddy $1 ,692 Mou lton $999 Bryan $246 ,8 97 Mount Calm $605 Bryson $1 ,228 Mount Enterprise $1,832 Buckholts $1 ,113 Mount P leasant $65 ,684 Buda $10,784 Mount V ernon $6 ,049 Buffalo $11 ,866 Mountain City $1 ,548 Buffalo Gap $88 Muenster $4,656 Buffalo Springs $188 M ul es hoe $4,910 Bull ard $7 ,48 7 Mull in $384 Bulverde $14,436 Munday $2,047 Bunker Hill V ill age $472 Murchison $2,302 Burkburnett $37,844 Murphy $51 ,893 Burke $1,114 Mustang $7 Burleson County $70,244 Mustang R idge $2,462 Burleson $151 ,779 Nacogdoches $205 ,992 Burnet $33 ,345 Nacogdoches Cou n ty $198,583 Burnet County $189 ,8 29 Naples $4,224 Burton $937 Nash $7,999 Byers $77 Nassau Bay $11 ,247 Bynum $380 Natalia $625 Cactus $4,779 Navarro $334 Caddo Mill s $43 Navarro County $103,513 Caldwell $18,245 Navasota $37 ,676 Caldwe ll County $86 ,4 13 Nazareth $124 Calhoun Coun ty $127 ,926 Nederland $44,585 Call ahan County $12 ,8 94 Nee dvill e $10 ,341 Callisburg $101 Nevada $237 Pag e 5 Resolution No. 551-22, Page 29 of 49 Calvert $772 New Berlin $4 Cameron $11 ,091 New Boston $6 ,953 Cameron County $537 ,026 New Braunfels $307 ,313 Camp County $28,851 New Chapel Hill $288 Camp Wood $422 New Deal $338 Campbell $1,116 New Fairview $2,334 Canadian $1 ,090 New Hom e $9 Caney City $2 ,005 New Hop e $1 ,024 Canton $56,734 New London $4 ,129 Canyon $26 ,251 New Summerfield $442 Carbon $620 New Waverly $2 ,562 Carl's Corner $48 Newark $520 Carmine $385 Newcastle $914 Carrizo Springs $1,671 Newton $6 ,102 Carrollton $310 ,255 Newton County $158 ,006 Carson County $29,493 Ney land vill e $163 Carthage $18,927 Niederwald $16 Cashion Community $322 Nixon $2 ,283 Cass County $93,155 Nocona $16 ,536 Castle Hills $12,780 Nolan County $50 ,262 Castro County $4,420 Nolanville $4,247 Castroville $4 ,525 Nome $391 Cedar Hill $70 ,127 Noonday $226 Cedar Park $185 ,567 Nordheim $697 Celeste $1 ,280 Normangee $6 ,192 Celin a $18,283 North Cleve land $105 Center $58 ,838 North Rich land Hill s $146 ,419 Centerville $385 Northlake $8 ,905 Chambers County $153 ,188 Novice $76 Chandler $17 ,364 Nueces County $1 ,367,932 Channing $2 O'Brien $76 Charlotte $4 ,257 O'Donnell $27 Cherokee County $156 ,612 Oak Grove $2 ,769 Chester $1 ,174 Oak Leaf $612 Chico $2 ,928 Oak Point $9 ,011 Childress $37 ,916 Oak Ridge $358 Childress Co un ty $50 ,582 Oak Ridge North $33 ,512 Chillicothe $172 Oak Vall ey $7 China $522 Oakwood $148 China Grove $598 Ochiltree County $15 ,476 Pa_q e 6 Resolution No. 551-22, Page 30 of 49 Chireno $1 ,568 Odem $7,420 Christine $354 Od essa $559 ,163 Cibo lo $13 ,69 0 Oglesby $29 Cisco $7,218 Old Riv er-Winfree $21,653 Clarendon $114 Oldham County $10 ,318 Clarksville $20,891 Olmos Park $9,80 1 C larksville City $54 Oln ey $6 ,088 C la ude $26 Olton $1 ,197 C lay County $72,050 Omaha . $4 ,185 Clear Lake Shores $6,682 Onalaska $31,654 Cleburne $228,184 Opdyke W est $479 Cleveland $96,897 Orange $311 ,339 Clifton $9,939 Orange County $689 ,818 Clint $375 Orange Grov e $1 ,677 Clute $51 ,350 Orchard $867 Clyde $17 ,28 7 Ore City $6,806 Coahoma $2 ,291 Ov erton $7 ,900 Cochran County $3 ,389 Ovilla $13 ,391 Cockrell Hill $512 Oy ster Creek $9 ,633 Coffee C ity $1 ,087 Paducah $125 Coke County $5,522 P a int Rock $141 Co ldspring $447 Palacios $14 ,036 Coleman $5 ,442 Palest in e $178 ,009 Coleman Co un ty $4 ,164 P a li sad es $240 Coll ege Station $258,147 P a lm Valley $1 ,918 Colleyvill e $46,049 Palmer $12 ,666 Collin County $1,266 ,721 Palmhurst $4 ,660 Collingsworth County $19 ,234 P a lmview $7 ,577 Co llin sv ill e $1,831 Palo Pinto Co un ty $124,62 1 Colmesnei l $2 ,211 Pampa $67 ,227 Co lorado City $8 ,4 05 Panhand le $9 ,536 Co lorado Co un ty $49 ,08 4 P a nola Co un ty $80 ,699 Co lum bus $6 ,867 P a norama Vill age $1 ,292 Comal Cou n ty $396,142 P a ntego $12 ,898 Comanche $16 ,503 P a radis e $52 Comanche Co un ty $50 ,964 Paris $201 ,180 Combes $1,710 P a rker $10 ,307 Combin e $1,892 P arker County $476 ,254 Commerce $33 ,869 P a rmer County $15 ,866 Como $415 Pasadena $356 ,536 Pag e 7 Resolution No. 551-22, Page 31 of 49 Concho County $3,859 Pattison $1 ,148 Conroe $466,671 Patton Villag e $9 ,268 Converse $27,693 P ayne Spring:; $1 ,770 Cooke County $200,451 Pearland $333 ,752 Coo l $731 Pearnall $11 ,570 Cool idge $243 Pecan Gap $719 Cooper $362 Pecan Hill $229 Coppell $86,593 P ecos $7 ,622 Copper Canyon $489 Peco:; County $46,997 Copperas Cove $133 ,492 P eli can Bay $1 ,199 Corin th $75,298 Penelope $415 Corpus Christi $1 ,812 ,707 Penita:; $312 Corral C ity $143 Perryton $23 ,364 Corrigan $21 ,318 Petersburg $1 ,691 Corsicana $87,310 P etrolia $17 Coryell County $123 ,659 Petronila $5 Cottle Co un ty $875 P flu gerv ill e $86,408 Cottonwood $289 Pharr $144 ,721 Cottonwood Shores $1,203 P il ot Point $11 ,613 Cotull a $1,25 1 Pine Fore:;t $3,894 Coupland $266 Pine Isla nd $3 ,141 Cove $387 Pinehurst $32 ,671 Cov in gton $5 19 Pineland $4 ,138 Coyote Flats $1,472 Piney Point Village $15 ,738 Crandall $12,094 Pittsburg $20 ,526 Crane $10 ,599 Plains $129 Crane County $26,146 Plainview $60 ,298 Cranfi ll s Gap $128 P lano $1,151 ,608 Crawford $383 Pleak $270 Creedmoor $16 P leasant Valley $308 Cresson $1 ,086 P lea:;anto n $29 ,011 Crockett $23 ,403 P lum Grove $258 Crockett County $18 ,210 Point $1,519 Crosby County $18,388 Point Blank $355 Crosbyton $1 ,498 Point Comfort $447 Cross Plains $4,877 Point Venture $588 Cross Ro ads $244 Polk County $370 ,831 Cross Timber $542 Ponder $1,282 Crowell $6 ,335 Port Aransas $31 ,022 Crowley $22,345 Port Arthur $367 ,945 Pag e 8 Resolution No. 551-22, Page 32 of 49 Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca $11,752 Culberson County $789 P or t Neches $38,849 Cumby $5 ,320 Portland $76 ,517 Cuney $606 Post $2 ,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2 ,14 1 Poteet $6 ,767 DISH $19 Poth $3,974 Daingerfi eld $12 ,4 76 Potter County $371 ,701 Daisetta $5 ,3 70 Potts boro $12 ,302 Dalhart $11 ,6 09 Powell $110 Dallam County $21 ,686 Poynor $1 ,180 Dallas County $8,538 ,291 Prairie Vi ew $7 ,600 Dallas $2,999 ,9 02 Premont $3 ,321 Dalworthington Gard ens $6 ,060 Pres idio $148 Danbmy $4,231 Presidio County $787 Darrouzett $101 Primera $2,958 Da wson $600 Princeton $19 ,245 Dawson County $46 ,911 Progreso $8,072 Dayton $47,122 Progreso La kes $39 Dayton Lakes $38 Pros per $22 ,770 De K a lb $1 ,035 Providence Village $508 De Leo n $8,218 Put nam $14 De Witt County $68 ,895 P yote $22 DeCordova $13 ,778 Qu a na h $207 DeSoto $72 ,400 Qu ee n City $4,837 Deaf Smith County $34 ,532 Quinlan $7,304 Dean $141 Quinta na $492 Decat ur $56 ,669 Quita qu e $8 Dee r Park $49,388 Qui t man $15 ,619 Del Rio $59 ,056 Rains County $53 ,190 Dell City $15 Rall8 $3,967 Delta County $30 ,584 Rancho Vi ejo $3 ,836 Denison $210 ,426 Randall County $278,126 Denton $458 ,334 Ranger $12 ,186 Denton County $1,132,298 Ra nkin $1 ,613 Denv er City $2 ,104 Ransom Ca nyon $930 Deport $42 Ravenna $685 Detroit $965 Ray mondville $7,466 Devers $191 Reagan County $25,215 Page 9 Resolution No. 551-22, Page 33 of 49 Devine $4,354 Real County $5 ,073 Diboll $25 ,533 Red Lick $23 Dickens $71 Red Oak $26 ,843 Dickens County $1 ,873 Red R iver County $29 ,306 Dickinson $83 ,683 Redwater $1 ,058 Di ll ey $2 ,633 Re eves County $103 ,350 Dimmit County $33 ,294 Refugio $8 ,839 Dimmitt $1 ,012 Refugio County $46 ,216 Dodd C ity $1 ,211 Reklaw $1 ,136 Dodson $447 Reno $3 ,791 Domino $196 Reno $11,164 Donley County $22 ,370 Retreat $52 Donna $13 ,798 Rhome $12,285 Dorchester $231 Rice $1 ,972 Double Oak $4 ,765 Ri chardson $260 ,315 Douglassville $574 Rich land $210 Dripping Springs $811 Richland Hilb $24,438 Driscoll $39 Richland Springs $2 ,234 Dublin $14,478 Richmond $77 ,606 Dumas $26,229 Richwood $12 ,112 Duncanvill e $58,328 Riese l $1 ,118 Duval County $49,109 Rio Bravo $8 ,548 Eagle Lake $4,882 Rio Grande City $25 ,947 Eagle Pass $56,005 Rio Hondo $3 ,550 Early $14 ,838 Rio Vista $4 ,419 Earth $242 Ris ing Star $1,933 East Bernard $5 ,554 River Oaks $11 ,917 East Mountain $2,494 Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15 ,896 Roaring Springs $461 Eastland County $52 ,275 Robert Lee $85 Easton $329 Roberts County $547 Ector $1 ,108 Rob ertson County $44 ,642 Ector County $480 ,000 Robinson $18 ,002 Edcouch $4,101 Robstown $40 ,154 Eden $497 Roby $428 Edgecliff Vi ll age $2 ,232 Rochester $674 Edgewood $13 ,154 Ro ckdale $20 ,973 Edinburg $120,884 Rockport $54 ,253 Edmonson $136 Rocksprings $25 Pag e 10 Resolution No. 551-22, Page 34 of 49 Edna $18,194 Rockwall $114 ,308 Edom $2,149 Rockwall County $168 ,820 Edwards County $975 Rocky Mound $280 El Campo $31 ,700 Rogers $3,818 El Cenizo $621 Rollingwood $4,754 El Lago $5,604 Roma $16,629 El Paso $1 ,224 ,371 Roman Forest $8 ,610 El Paso County $2,592,12 1 Ropesville $2,122 Eldorado $50 Roscoe $778 Electra $15 ,716 Rose C ity $4 ,012 Elgin $26,284 Rose Hill Acres $2,311 Elkhart $301 Rosebud $1,489 Ellis County $3 15 ,372 Rosenberg $126 ,593 Elmendorf $746 Ross $147 Elsa $7 ,720 Rosser $549 Emhouse $83 Rotan $1 ,493 Emory $3,878 Round Mountain $454 Enchanted Oaks $1,299 Round Rock $475 ,992 Encinal $1,515 Round Top $140 Ennis $81 ,839 Rowlett $99 ,963 Erath County $102,616 Roxton $47 Escobares $40 Royse City $23 ,494 Estelline $909 Rul e $800 Euless $92 ,824 Runaway Bay $6 ,931 Eureka $334 Runge $255 Eustace $2,089 Runnels County $33 ,831 Evant $2 ,068 Rusk $17 ,991 Everman $7 ,692 Rusk County $151 ,390 Fair Oaks Ranch $8,077 Sabinal $1 ,811 Fairchilds $81 Sabine County $46 ,479 Fairfield $1,245 Sachse $23 ,400 Fairview $32 ,245 Sadler $925 Falfurrias $2 ,221 Saginaw $31 ,973 Falls City $41 Sa lado $3 ,210 Falls County $34 ,522 San Angelo $536,509 Fannin County $131,653 San Antonio $4,365 ,416 Farmers Branch $94 ,532 San Augustine $25 ,182 Farmersville $10 ,532 San Augustine County $37 ,854 Farwell $343 San Benito $40 ,015 Fate $3 ,473 San Diego $11 ,771 Pag e 11 Resolution No. 551-22, Page 35 of 49 Fayette County $92,440 San Elizario $7,831 Fayettevill e $391 San Felipe $1,498 Ferris $13,873 San Jacinto County $197 ,398 Fisher County $5,518 San Juan $28,845 Flatonia $5,661 San Leanna $36 Florence $3,949 San Marcos $325 ,688 Floresv ille $21 ,699 San Patricio $4,213 Flow er Mound $215,256 San Patricio County $271 ,916 Floyd County $9,049 San Perlita $2 ,219 Floydada $6 ,357 San Saba $10 ,057 Foard County $5,764 San Saba County $17,562 Follett $212 Sanctuary $17 Forest Hill $26,132 Sandy Oaks $9,863 Forney $80,112 Sandy Poin t $1,637 Forsan $576 Sanford $308 Fort Bend County $1,506,719 Sanger $22,237 Fort Stockton $4,411 Sansom P a rk $223 Fort Worth $2,120 ,790 Santa Anna $329 Franklin $3,931 Santa Clara $87 Franklin County $25,783 Santa Fe $33 ,272 Frankston $274 Santa Ros a $2 ,138 Fred er icksburg $56 ,486 Savoy $2,349 Freeport $72,973 Schertz $60,110 Free r $3,271 Schleicher County $5 ,695 Freestone County $50,495 Schulenburg $2,560 Friendswood $140,330 Scotland $148 Frio County $19,954 Scottsville $708 Friona $2,848 Scurry $1,110 Frisco $405,309 Scurry County $73,116 Fritch $4 ,548 Seabrook $30 ,270 Frost $321 Seadrift $991 Fruitvale $2 ,344 Seagoville $17 ,106 Fulshear $5,272 Seagraves $7 ,531 Fulton $1,602 Sealy $20,637 Gain es County $54,347 Seguin $376 ,538 Gainesv ill e $153,980 Selma $22 ,429 Galena Park $13,093 Seminole $16,092 Gall atin $1 ,253 Seven Oaks $3 ,917 Galveston $488,187 Seven Points $7 ,452 Galveston County $1,124 ,093 Seymour $14 ,218 Pag e 12 Resolution No . 551-22, Page 36 of 49 Ganado $5 ,5 10 Shackelford Co un ty $1 ,288 Garden Ridge $11 ,351 Shady Shores $594 Garland $420,244 Shall owater $1,907 Ga rrett $2 ,510 Sh amrock $4 ,328 Garrison $3 ,555 Shavano P ark $3 ,178 Gary City $450 Sh elb y Co un ty $109 ,925 G a r za County $8 ,944 Shenandoah $47 ,122 Gatesv ill e $26,994 Shepherd $147 Geo rge W est $6 ,207 Sherman $330 ,585 Geo rgetown $225,896 Sherman County $7 ,930 Gholso n $1 ,5 05 Shiner $4,042 Giddings $12 ,674 Shoreacres $958 Gill es pi e County $63 ,191 Silsb ee $66 ,442 Gi lmer $33 ,951 Silverton $14 Gl a d ewat er $24 ,638 Simonton $1 ,906 Gl asscock Coun ty $1 ,000 Sinton $23,658 Gl en Ros e $540 Ske ll ytown $400 Gl enn Heights $16,593 Slaton $15 4 Godley $3,115 Smi ley $655 Gold smith $677 Smith County $758 ,961 Goldthwa ite $1,225 Smithvi ll e $17 ,009 Goli a d $3,563 Smyer $300 Goli a d County $34,660 Snook $1 ,422 Golinda $100 Snyder $9 ,01 8 Gonza les $14 ,882 Socorro $11 ,125 Gon zales Co un ty $33 ,230 Somerset $1 ,527 Go od low $221 Somervell County $57 ,076 Good ri ch $9 ,643 Somerv ill e $3 ,806 Gordon $365 Sonora $7,337 Go ree $749 Sour La ke $17 ,856 Gorma n $3 ,107 South Houston $25 ,620 Graford $23 South Moun tain $154 Graha m $235,428 South Padre Is land $30 ,629 Granbury $71,735 Southla ke $70 ,846 Grand Prairie $445,439 Southmayd $7 ,096 Grand Sa lin e $36,413 Southsid e Place $885 Grandfalls $65 Sp earma n $14 ,000 Grandview $6 ,600 Sp lendora $7 ,756 Granger $2,741 Spofford $7 Grani te Shoa ls $11 ,834 Spring Vall ey Village $16 ,4 04 Pa_g e 13 Resolution No. 551-22, Page 37 of 49 Granjeno $43 Springlake $3 Grapeland $7 ,287 Springtown $14 ,244 Grapevine $129 ,195 Spur $427 Gray County $65,884 St. Hedwig $111 Grays Prairie $17 St. Jo $7 ,360 Grayson County $539 ,083 St . Paul $21 Greenville $203 ,112 Stafford $75 ,145 Gregg County $243 ,744 Stagecoach $3 ,036 Gregory $4,697 Stamford $398 Grey Forest $474 Stanton $3 ,838 Grimes County $94,878 Staples $19 Groesbeck $5 ,745 Star Harbor $151 Groom $965 Starr County $99,896 Groves $40,752 Stephens County $35 ,244 Groveton $8 ,827 Stephenville $83,472 Gruver $1,166 Sterl ing City $62 Guadalupe County $146 ,824 Sterling County $939 Gun Barrel City $36 ,302 Stinnett $4 ,097 Gunter $4,609 Stockdale $741 Gustine $34 Stonewall County $1 ,822 Hackberry $94 Stratford $8 ,378 Hale Center $6,042 Strawn $987 Hale County $79,150 Streetman $5 Hall County $8 ,933 Sudan $32 Hallettsville $6 ,895 Sugar Land $321 ,561 Hallsburg $272 Sullivan City $6 ,121 Hallsville $10,239 Sulphur Springs $124 ,603 Haltom City $71,800 Sun Valley $4 Hamilton $3,581 Sundown $2,592 Hamilton County $66 ,357 Sunnyvale $3 ,248 Hamlin $4,656 Sunray $2 ,571 Hansford County $16 ,416 Sunrise Beach Villag e $2 ,083 Happy $327 Sunset Valley $9 ,425 Hardeman County $15,219 Surfside Beach $6,530 Hardin $100 Sutton County $6,541 Hardin County $379 ,800 Sweeny $4 ,503 Harker Heights $113,681 Sweetwater $68 ,248 Harlingen $165,429 Swisher County $7 ,251 Harris County $14,966 ,202 Taft $5,861 Harrison County $185 ,910 Tahoka $430 Page 14 Resolution No. 551-22, Page 38 of 49 Hart $86 Talco $372 Hartley County $786 Talty $9 ,124 Haskell $10,829 T a rrant County $6 ,171,159 Haskell County $22,011 T atum $972 Haslet $1 ,908 Taylor $57 ,945 Hawk Cove $674 Taylor County $351 ,078 Hawkins $7 ,932 Taylor Lake Villag e $412 Hawley $931 Taylor Landing $153 Hays $506 T eag ue $1,714 Hays County $529 ,489 T ehuacana $12 Hearne $16,824 Temple $280,747 Heath $28 ,751 Tenaha $4,718 Hebron $687 Terrell $148 ,706 Hedley $70 Terrell County $5 ,737 Hedwig Village $13,067 T errell Hills $9,858 He lotes $15,790 Terry Co un ty $25,423 Hemphill $8 ,035 Texarkana $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $2 1 ,24 0 Texhoma $156 Henderson $59,966 T ex lin e $865 Henderson County $327,965 The Colony $114 ,297 Henrietta $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1 ,897 Hewitt $19 ,776 Thorndale $1 ,595 Hi ckory Creek $16,510 Thornton $270 Hico $5 ,534 Thorntonville $87 Hidalgo $26 ,621 Thrall $825 Hidalgo County $1,253 ,103 Three Rivers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki l:,;land $2 ,178 Highland Park $43,383 Timbercreek Canyon $369 Highland Village $50 ,315 Timpson $12 ,642 Hill Co un try Village $6,485 Tioga $2,390 Hill County $127 ,477 Tira $185 Hillcrest $5 ,345 Titus County $70 ,611 Hill sboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1 ,680 Hi tchcock $28 ,796 Tolar $2,369 Hockley County $46 ,407 Tom Bean $2 ,293 Pag e 15 Resolution No. 551-22, Page 39 of 49 Holiday Lakes $1 ,795 Tom Green County $282 ,427 Holland $77 Tomball $34 ,620 Holliday $5,910 Tool $14 ,787 Hollywood Park $9,424 Toyah $40 Hondo $115,288 Travis County $4,703,473 Honey Grove $7 ,196 Trent $63 Hood County $292,105 Trenton $3 ,089 Hooks $2,702 Trinidad $5 ,859 Hopkins County $149 ,518 Trinity $23 ,652 Horizon City $7,520 Trinity County $105 ,766 Horseshoe Bay $48,173 Trophy C lu b $29 ,370 Houston County $78 ,648 Troup $7 ,918 Houston $7,021 ,793 Troy $5,320 Howard County $89 ,330 Tulia $8 ,911 Howardwi ck $84 Turkey $737 Howe $9,177 Tusco la $138 Hubbard $3 ,635 Tye $1 ,766 Hudson $6,840 Tyler $723 ,829 Hudson Oaks $15,637 Tyler County $131,743 Hudspeth County $985 Uhland $1 ,545 Hughes Springs $4 ,442 Uncertain $185 Humble $73 ,952 Union Grove $994 Hunt County $309 ,851 Union Valley $666 Hunters Creek Village $14,708 Universal City $28,428 Huntington $8 ,792 University Park $50 ,833 Huntsville $80,373 Upshur County $128,300 Hurst $99,187 Upton County $8 ,499 Hutchins $9 ,551 Uva ld e $18 ,439 Hutchinson County $74 ,63 0 Uvald e County $36,244 Hutto $38 ,346 Val Ver de County $117 ,815 Huxley $738 Valentin e $207 Idalou $1 ,999 Vall ey Mills $2,228 Impact $8 Valley View $1 ,8 24 Indian Lak e $473 Van $6 ,206 Industry $604 Van A lstyne $43 ,749 Ingles ide on the Bay $142 Van Horn $211 Ingles id e $40,487 Van Zandt County $248 ,747 Ingram $5 ,243 Vega $974 Iola $3,164 Venus $9,792 Iowa Co lony $4 ,090 Vernon $81,337 Pag e JG Resolution No. 551-22, Page 40 of 49 Iowa Park $23,487 Victoria $84 ,598 Iraan $56 Victoria County $520 ,886 Iredell $216 Vidor $95,620 Irion County $9 ,105 Vinton $622 Irving $427 ,818 Volente $333 I taly $5,349 Von Ormy $513 Itasca $8 ,694 Waco $512 ,007 Ivanhoe $26 Waeld er $3 ,4 27 Jacinto City $14,141 Wake Village $174 Jack County $14 ,799 Walker County $184 ,624 Jacksboro $23,254 Waller County $126 ,206 Jackson County $37,984 Wall er $11 ,295 Jacksonville $80,179 Wallis $2 ,698 Jamaica Beach $4 ,913 Walnut Springs $183 Jarrell $2 ,423 Ward County $67 ,920 Jasper $78,422 Warren City $66 Jasper County $248 ,855 Washington County $83 ,727 Jayton $63 Waskom $5 ,346 Jeff Davis County $8,500 Watauga $33 ,216 Jefferson $11 ,194 Waxahachie $152 ,094 Jefferson County $756,614 Weatherford $207,872 Jersey V ill age $36 ,347 Webb County $505 ,304 Jewett $9,338 Webberville $1 ,280 Jim Hogg County $12,718 Webster $53,202 Jim Wells County $166 ,539 Weimar $5 ,830 Joaquin $810 Weinert $234 Johnson C ity $3 ,581 Weir $443 Johnson County $408 ,692 Wellington $9 ,111 Joll y $26 Wellman $383 Jones County $22 ,001 Wells $1 ,357 Jones Creek $5,078 W eslaco $73 ,949 Jonestown $6 ,419 West $3 ,522 Josephine $881 West Columbia $17 ,958 Joshua $20,619 W est Lake Hills $17 ,056 Jourdanton $9 ,600 West Orange $42,452 Junction $4 ,825 West Tawakoni $6 ,995 Justin $8,575 W est University P lace $34 ,672 Karnes City $11 ,632 W estbrook $43 Karnes County $35,249 Westlake $41 ,540 Katy $52 ,467 W eston $266 Page 17 Resolution No. 551-22, Page 41 of 49 Kaufman $27 ,6 07 W esto n Lakes $189 Kaufman County $353,047 W estover Hills $4,509 K ee n e $38 ,296 West worth Villag e $7,842 Keller $79,189 Wharton $31 ,700 Kemah $28 ,325 Wharton County $72 ,887 Kemp $6 ,4 19 Wheeler $447 Kempner $330 Whee ler County $26 ,273 Kendall County $100,643 White Dee r $1 ,273 Kendleton $13 White Oak $15,305 K enedy $676 White Settlement $23,304 Kenedy County $1,000 Whiteface $155 Kenefick $416 Whitehouse $29 ,017 Kennard $132 Whitesboro $18 ,932 K ennedale $2 1,024 Whitew right $7 ,098 Kent County $939 Whitney $73 Kerens $1 ,924 Wichita County $552,371 K ermit $5 ,652 Wi chita Falls $832 ,574 Kerr County $2 18 ,452 Wickett $87 Kerrville $190,357 Wilbarger County $55,124 Kilgore $105,583 Willacy County $24 ,581 Killeen $535,650 Williamson Co un ty $1,195 ,987 Kimble County $20 ,48 0 Willis $24 ,384 King County $1 ,000 Willow Park $26 ,737 Kingsville $20 ,083 Wills Point $43,765 Kinney County $2,142 Wilmer $426 Kirby $8,752 Wilson $12 Kirbyville $10,690 Wilson County $121 ,034 Kirvin $2 Wimberley $724 Kleberg County $124 ,109 Windcrest $12 ,908 Knollwood $1 ,160 Windom $1 ,087 Knox City $1,962 Windthorst $3 ,385 Knox County $11 ,730 Winfield $290 Kosse $2 ,468 Wink $120 Kountze $19 ,716 Winkler County $61,163 Kress $186 Winnsboro $28 ,791 Krugervill e $1 ,508 Winona $319 Krum $9 ,661 Winters $6,229 Kurten $686 Wise County $289 ,074 Kyle $51 ,835 Wixon Valley $441 La Feria $10,381 Wolfe City $5 ,466 Pag e 18 Resolution No. 551-22, Page 42 of 49 La Grange $9,623 Wolfforth $4 ,022 La Grulla $1 ,708 Wood County $267 ,048 La Joya $8,457 Woodbranch $9,617 La Marque $98 ,930 Woodcreek $358 La Porte $91,532 Woodloch $1 ,012 La Sall e County $14,975 Woodsboro $1,130 La Vernia $3 ,217 Woodson $122 La Villa $572 Woodville $20,340 La Ward $321 Woodway $25 ,713 LaCoste $159 Wortham $376 Lacy-Lakeview $11 ,599 Wylie $114 ,708 Ladonia $2 ,011 Yantis $2 ,072 Lago Vista $13 ,768 Yoakum County $34 ,924 Laguna Vista $3 ,689 Yoakum $20,210 Lake Bridgeport $232 Yorktown $5 ,447 Lake City $2 ,918 Young County $44 ,120 Lake Dall as $25,314 Zapata County $56 ,480 Lake Jackson $75 ,781 Zavala County $38 ,147 Lake Tanglewood $613 Zavalla $1 ,088 Lake Worth $20 ,051 Pag e 19 Resolution No. 551-22, Page 43 of 49 EXHIBIT C Resolution No. 551-22, Page 44 of 49 Reg ion 1 2 3 4 5 6 7 8 9 10 11 Exhibit C: TX Opioid Council & Health Care Reg ion Allocations plus Administrative Costs 70 % of Total ($700 million) Health Care Reg ion Allocation*: $693 million ; Administrative Costs: $7 million Counties in Health Care Reg ion Anderso n , Bowie, Camp, Cass, Cherokee , Delta, Fannin , Franklin , Freesto ne, Gregg , Harrison , Henderson , Hopkins, Houston , Hunt , Lama r , Marion , Morris, P a nola , Rains, Red , Riv er , Rusk , Smith , Titus, Trinity, Up~hur , Va n , Za ndt , W ood An ge lina , Brazor ia, Ga lv esto n , Ha rdin , J asper, J eff erson, Liberty, Nacogdoches , Newton, Orange, Polk , Sa bine , Sa n Augustin e, Sa n Jacinto , Shelby , Tyler Austin , Calhoun, Chambers , Colorado , Fort Bend , Ha rris, Matagord a, Wa ll er, Wha r to n Aransas, Bee, Brooks , De Witt , Duva l, Goli a d , Gonzales, Jackso n , Jim W ell s, K a rn es, K enedy, Kleb erg, Lavaca, Live Oak , Nueces , Refugi o, San Patricio , Vi ctori a Cameron , Hid a lgo, Starr, Willacy Atascosa, Bandera, Bexar , Comal, Dimmit , Edwards , Frio , Gill es pi e, Guada lupe, K end a ll , Kerr, Kinney, La Sa ll e, McM ull en , Medina , Real , Uvalde, Va l Verd e, Wil so n , Zavala Bastrop , Caldw ell , Fayette, Hays, Lee, Travis Bell , Bla nco, Burnet, Lampasas, Ll a no , Milam , Mills , San Sa ba, Willi a mso n Dallas, Kaufman Ellis , Erath , Hood , Johnson , Navarro , P arker , Somervell , T a rrant , Wi se Brown , Callahan , Comanche, Eastland, Fisher, Has kell , J ones, Knox, Mitchell , Nolan , Palo Pinto , Shackelford , Ste phens , Stonewall , T aylor Arms trong, Ba il ey, Borden , Briscoe , Carson , Castro , Childress , Cochran, Co llingswo r t h , Cottle, Crosby, Da ll a m , Da wson , Deaf Smith , Di cke ns, Donl ey, Floyd, Gai nes, G arza, 12 Gray , Ha le, Ha ll , Hansford , Hartley, Hemphill , Ho ckl ey, Hutchinso n , Kent , King, La mb , Lipsco mb , Lubbock , Ly nn , Moor e, Motley , Ochiltree, Oldha m , Parmer , Potter, Randa ll , Rob erts, Scurry, Sherman , Swisher , T erry, Whee ler, Yoa kum 13 14 15 16 17 18 19 20 Coke , Coleman , Concho , Crockett , Irion , Kimble, Maso n , McC ullo ch , Mena rd , P ecos, Reagan , Runnels, Schleicher, Ster lin g, Sutton , T errell , Tom Gree n Andrews, Brewster , Crane, Culberson , Ector, Glasscock , How a rd , J eff Davis , Loving, Ma rtin , Midland , Pres idio , Reeves, Upton , W a rd , Winkler El P aso, Huds p eth Bosqu e, Coryell , Falls, Hamilton , Hill , Lim esto ne, McLenn a n Brazos, Burleso n , Grimes , Leo n , Madison , Montgomery , Rob ertso n , W a lk er , Washington Collin, Denton , Grayson , Rockwall Archer, Baylor, Clay, Cooke , Foard , Ha rd ema n , Jack, Montague, Throckmorton , Wichita, Wilba rg er , Young Jim Hogg, Maveri ck , W ebb , Zapata Administrative Costs * Each Reg ion shall reserv e 25 % of its allocation for Targeted Funds und er the g uid elin es of Exhibit A . Resolution No. 551-22, Page 45 of 49 Allocation $38 ,223 ,336 $54,149,215 $120 ,965 ,680 $2 7 ,047,477 $17 ,619,875 $68,228,047 $50,489 ,691 $24,220,52 1 $66,492,094 $65,538 ,4 14 $9,509 ,8 18 $23,498 ,027 $5 ,19 5,6 05 $12 ,124,354 $17,994 ,285 $9 ,4 52 ,01 8 $23,042 ,947 $39 ,787,684 $12,665 ,268 $6 ,755 ,656 $7 ,000 ,000 Attachment A TEXAS SUBDIVISION AND SPECIAL DISTRICT ELECTION AND RELEASE FORM This Election and Release Form for Texas Participating Subdivisions 1 resolves opioid- related Claims against Endo/Par under the terms and conditions set forth in the Endo/Par Texas State-Wide Opioid Settlement Agreement between Endo/Par, the State of Texas, and the Counties of Dallas, Bexar, Harris and Tarrant (the "Agreement"), the provisions of which are here incorporated by reference in their entirety. Upon executing this Election and Release Form, a Participating Subdivision agrees that, in exchange for the consideration described in the Agreement, the Participating Subdivision is bound by all the terms and conditions of the Agreement, including but not limited to the Release found in Section VII of the Agreement and the provisions concerning participation by Subdivisions or Special Districts in Section VIII, and the Participating Subdivision and its signatories expressly represent and warrant on behalf of themselves that they have, or will have obtained on or before the Effective Date or on or before the execution of this Election and Release Form if executed after the Effective Date, the authority to settle and release, to the maximum extent of the Subdivision's and Special District's power, all Released Claims related to Covered Conduct. If this Election and Release Form is executed on or before the Initial Participation Date, the Participating Subdivision shall dismiss Endo/Par and all other Released Entities with prejudice from all pending cases in which the Participating Subdivision has asserted Covered Claims against Endo/Par or a Released Entity no later than the Initial Participation Date. If this Election and Release Form is executed after the Initial Participation Date, the Participating Subdivision shall dismiss Endo/Par and all other Released 1 The Agreement defines a "Participating Subdivision" as a Subdivision or Special District that signs this Election and Release Form and meets the requirements for becoming a Participating Subdivision under subsection VIII.A. of the Agreement. A-1 745274877.20 Entities with prejudice from all pending cases in which the Participating Subdivision has asserted Covered Claims against Endo/Par or a Released Entity concurrently with the execution of this form. By executing this Election and Release Form, the Participating Subdivision submits to the jurisdiction of the Honorable Robert Schaffer, In Re : Texas Opioid Litigati o n , MDL No. 18-0358 , Master File No. 2018-63587 , in the 152nd Judicial District Court, Harris County, Texas. Dated: 3-8-c/20~ Texas Subdivision Name: (:i· ½ of 1Z Ch lawi ;+; !ls By: ~&~ard~ Candice Edmondson City Manager 3200 Diana Drive , Richland Hills, Texas 76118 (817) 616-3800 cedmondson@richlandhills.com A-2 745274877 .20 Attachment B TEXAS SUBDIVISION AND SPECIAL DISTRICT ELECTION AND RELEASE FORM This Election and Release Form for Texas Participating Subdivisions I resolves opioid- related Claims against Teva under the terms and conditions set forth in the Teva Texas State- Wide Opioid Settlement Agreement between Teva, the State of Texas , and the Counties of Dallas , Bexar, Harris and Tarrant (the "Agreement"), the provisions of which are here incorporated by reference in their entirety. Upon executing this Election and Release Form, a Participating Subdivision agrees that, in exchange for the consideration described in the Agreement, the Participating Subdivision is bound by all the terms and conditions of the Agreement, including but not limited to the Release found in Section VII of the Agreement and the provisions concerning participation by Subdivisions or Special Districts in Section VIII, and the Participating Subdivision and its signatories expressly represent and warrant on behalf of themselves that they have, or will have obtained on or before the Effective Date or on or before the execution of this Election and Release Form if executed after the Effective Date, the authority to settle and release , to the maximum extent of the Subdivision 's and Special District's power, all Released Claims related to Covered Conduct. If this Election and Release Form is executed on or before the Initial Participation Date, the Participating Subdivision shall dismiss the Released Claims with prejudice and sever Teva and all other Released Entities from all pending cases in which the Participating Subdivision has asserted Covered Claims against Teva or a Released Entity no later than the Initial Participation Date. If this Election and Release Form is executed after the Initial Participation Date, the Participating Subdivision shall dismiss the 1 The Agreement defines a "Participating Subdivision" as a Subdivision or Special District that signs this Election and Release Form and meets the requirements for becoming a Participating Subdivision under subsection VIII.A. of the Agreement. Released Claims with prejudice and sever Teva and all other Released Entities from all pending cases in which the Participating Subdivision has asserted Covered Claims against Teva or a Released Entity concurrently with the execution of this form. By executing this Election and Release Form, the Participating Subdivision submits to the jurisdiction of the Honorable Robert Schaffer, In Re: Texas Opioid Litigation , MDL No. 18-0358, Master File No.2018-63587, in the 152nd Judicial District Court, Harris County, Texas. Dated: 3-3 -j2(J c1,~ Texas Subdivision Name Ci½ of IZ' cJJa«f !Ji /Is By: ~ (J_&/_rntrd_ f>IYv Candice Edmondson City Manager 3200 Diana Drive, Richland Hills, Texas 76118 (817) 616-3800 cedmondson@richlandhills.com 2