HomeMy WebLinkAboutD-2661-22 Replaces LOIT Fund Establishes Opiod Settlement FundSPONSORS: Councilors Rider, Aasen and Worrell
This Ordinance was prepared by Jon A. Oberlander, Corporation Counsel, on 12/8//22 at 12:03 p.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE D-2661-22
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-146 AND ADDING CHAPTER 2,
ARTICLE 4, SECTION 2-153 TO THE CARMEL CITY CODE
Synopsis: Replaces the LOIT Special Distribution Fund (#257) with the Opioid Settlement
Restricted Fund (#257) and establishes the Opioid Settlement Unrestricted Fund (#256).
WHEREAS, in 2016, pursuant to guidance from the Indiana State Board of Accounts
(“SBOA”), the Carmel Common Council (the “Council”) established the LOIT Special
Distribution Fund (#257); and
WHEREAS, the LOIT Special Distribution Fund (#257) is no longer used; and
WHEREAS, in 2022, many states, including Indiana, agreed to a $26 billion settlement
(the “Settlement”) to resolve ongoing litigation against several opioid distributors and
manufacturers; and
WHEREAS, the state of Indiana will receive a total of $507 million in Settlement
proceeds over an 18 year period, a percentage of which will be distributed to local units of
government, including the City of Carmel (the “City”);
WHEREAS, the Settlement funds distributed to local governments will consist of
restricted funds, which can only be used for opioid abatement uses as set forth in the Settlement
agreement, and unrestricted funds, which can be used for any governmental purpose.
WHEREAS, the SBOA has directed to local governments to create an unrestricted
opioid settlement fund that is numbered (#256), and a restricted opioid settlement fund (#257)
for the Settlement funds; and
WHEREAS, in order to comply with the SBOA’s directive, it is in the public interest to
change the LOIT Special Distribution Fund (#257) to the Opioid Settlement Restricted Fund
(#257) and create the Opioid Settlement Unrestricted Fund (#256).
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1: The foregoing Recitals are incorporated herein by this reference.
Section 2: That Chapter 2, Article 4, Section 2-146 is hereby amended to read as follows:
“2-146 Opioid Settlement Restricted Fund (#257).
Ordinance D-2661-22
Page One of Three
DocuSign Envelope ID: 739A47DF-AFCC-429D-B2D3-ADC612B4D984
SPONSORS: Councilors Rider, Aasen and Worrell
This Ordinance was prepared by Jon A. Oberlander, Corporation Counsel, on 12/8//22 at 12:03 p.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
(a) There is hereby established the City of Carmel Opioid Settlement Restricted Fund
(#257).
(b) The funds contained in the Opioid Settlement Restricted Fund shall be received and
deposited therein from restricted settlement funds received from the 2022 Final
Distributor Settlement Agreement.
(c) Monies in Fund #257 shall only be used for the opioid abatement uses set forth in the
2022 Final Distributor Settlement Agreement.
(d) Funds in the Opioid Settlement Restricted Fund shall not be transferred into the
General Fund except as provided by applicable law.
(e) The Fund shall be administered by the Controller.”
Section 3. That Chapter 2, Article 4, Section 2-153 is hereby added to the Carmel City
Code and shall read as follows:
“2-153 Opioid Settlement Unrestricted Fund (#256).
(a) There is hereby established a City of Carmel Opioid Settlement Unrestricted Fund
(#256).
(b) The funds contained in the Opioid Settlement Unrestricted Fund shall be received
and deposited therein from unrestricted settlement funds received from the 2022
Final Distributor Settlement Agreement.
(c) Monies in Fund #256 may be used for any governmental purpose, pursuant to the
2022 Final Distributor Settlement Agreement.
(d) Monies in the Opioid Settlement Unrestricted Fund shall not be transferred into the
General Fund except as provided by applicable law.
(e) The Fund shall be administered by the Controller.”
Section 4. If any portion of this Ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance so long as enforcement of same can be given the same effect.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance D-2661-22
Page Two of Three
DocuSign Envelope ID: 739A47DF-AFCC-429D-B2D3-ADC612B4D984
SPONSORS: Councilors Rider, Aasen and Worrell
This Ordinance was prepared by Jon A. Oberlander, Corporation Counsel, on 12/8//22 at 12:03 p.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 2022, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Kevin D. Rider, President Jeff Worrell, Vice-President
___________________________________ ____________________________________
Sue Finkam Laura Campbell
___________________________________ ____________________________________
H. Bruce Kimball Anthony Green
___________________________________ ___________________________________
Adam Aasen Tim Hannon
___________________________________
Miles Nelson
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2022, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2022, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2661-22
Page Three of Three Pages
DocuSign Envelope ID: 739A47DF-AFCC-429D-B2D3-ADC612B4D984
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