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HomeMy WebLinkAbout11047 City Clerk's Office Item # S8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 22, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Marisa Stoller, City Clerk SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBDIVISION PARTICIPATION AND RELEASE FORM WITH RESPECT TO THE NATIONAL OPIOIDS SETTLEMENT REACHED WITH ALVOGEN, AMNEAL, APOXTEX, HIKMA, INDIVIOR, MYLAN, SUN, AND ZYDUS OPIOID MANUFACTURERS, COLLECTIVELY THE "SECONDARY MANUFACTURERS SETTLEMENTS." SUMMARY: This Ordinance approves and authorizes the Mayor to sign a Subdivision Participation and General Release Agreement concerning the recovery of settlement funds by the City as a result of the opioid crisis. PREVIOUS COUNCIL ACTION: Since 2021, the City Council has approved settlement participation agreements with many opioid manufacturers and distributors and an agreement with the Office of the Attorney General regarding the distribution of opioid settlement proceeds. BACKGROUND: Colorado Attorney General Phil Weiser has reached opioid settlements with many manufacturers and distributors. The Mayor is recommending that the City join this latest Secondary Manufacturers Settlement. In order to do so, the attached Settlement Participation and General Release Agreements must be approved by the Pueblo City Council and returned to the Office of the Colorado Attorney General no later than October 8, 2025. FINANCIAL IMPLICATIONS: The state of Colorado stands to receive an estimated $75.6 million if enough local governments join the settlement, and the City of Pueblo would receive a small portion of those funds according to the distribution schedule. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to participate in the settlement. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Settlement Participation Form ORDINANCE NO.11047 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBDIVISION PARTICIPATION AND RELEASE FORM WITH RESPECT TO THE NATIONAL OPIOIDS SETTLEMENT REACHED WITH ALVOGEN, AMNEAL, APOXTEX, HIKMA, INDIVIOR, MYLAN, SUN, AND ZYDUS OPIOID MANUFACTURERS, COLLECTIVELY THE "SECONDARY MANUFACTURERS SETTLEMENTS." BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Subdivision Participation and Release Form with respect to the recovery of settlement funds by the City as a result of the opioid crisis and specifically the National Opioid Secondary Manufacturers Settlement (reached with eight opioids manufacturers: Alyogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus), a copy of which is attached hereto, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Participation and Release Form for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Participation and Release Form to implement the policies and procedures described herein. SECTION 4. Pursuant to Ordinance No. 10406, all distributed funds under the settlement are budgeted and appropriated into Fund No. 226 - Opioid Abatement Settlement and shall only be used for payment of eligible expenses. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 08, 2025. Final adoption of Ordinance by City Council on September 22, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk