ORDINANCE NO. 2022-01

AN ORDINANCE TO APPROVE A SERIES 2020-A BOND PROCEEDS AGREEMENT AMONG THE HEALTHCARE AUTHORITY OF HALEYVILLE AND WINSTON COUNTY, ALABAMA, WINSTON COUNTY, ALABAMA, AND THE CITY OF HALEYVILLE, ALABAMA

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BE IT ORDAINED by the City Council of the City of Haleyville, Alabama (the “City Council”), as governing body of the City of Haleyville, Alabama (the “City”), that the City, having reviewed the Series 2020-A Bond Proceeds Agreement (the “Agreement”), by the City and The Health Care Authority of Haleyville and Winston County, Alabama (the “Authority”), and Winston County, Alabama, as presented to the City, hereby: (a) approves, authorizes and confirms the representations of fact, agreements and obligations of the City in, and the terms and provisions of, the Agreement; (b) authorizes and directs the officers of the City to (i) execute, under seal, and deliver the Agreement in form and of content as presented to the City with such changes (by addition or deletion) as shall not create an additional, or extend or increase any present, obligation of the City under the Agreement and as such officers shall approve by execution and delivery thereof, and (ii) take such action, and execute and deliver such certificates and documents, at such times and in such form and manner, as shall be required by applicable law, legal counsel to the City, or otherwise necessary, to establish the validity, or effect the purposes, of the Agreement; (c) repeal the provisions of any resolution, order, or ordinance of the City to the extent any thereof are inconsistent or in conflict with the terms and purposes of this Resolution; and (d) provide this Resolution is effective immediately.

After said Ordinance had been discussed and considered in full by the Council, it was moved by Councilmember _____________ that the Ordinance be now placed upon its final passage and adopted.  The motion was seconded by Councilmember _____________.  The question being put as to the adoption of said motion and the final passage and adoption of the Ordinance, the roll was called with the following results:

Ayes: Ken Sunseri, Mayor

Drew Thrasher

Julie “Boo” Brooks

Blue Russell

Dr. Ray Boshell

Brian Berry

Nays:None

The Mayor thereupon declared said motion carried and the Ordinance passed and adopted as introduced and read.

RESOLUTION # 2022-3

A RESOLUTION AUTHORIZING THE CITY OF HALEYVILLE TO JOIN THE STATE OF ALABAMA AND OTHER LOCAL GOVERNMENTS AS PARTICIPANTS IN THE ENDO SETTLEMENT

WHEREAS, the opioid epidemic continues to impact communities in the United States, the State of Alabama, and the City of Haleyville, Alabama.

WHEREAS, the City of Haleyville has suffered harm and will continue to suffer harm as a result of the opioid epidemic;  

WHEREAS, the State of Alabama and some Alabama local governments have filed lawsuits against opioid manufacturers, distributors, and retailers (“Opioid Litigation”); 

WHEREAS, the State of Alabama has entered into a Settlement Agreement with Endo Health Solutions Inc. and Endo Pharmaceuticals Inc. (“Endo”), which includes the claims for the State of Alabama’s local governments, and the City of Haleyville finds the terms of the Settlement Agreement acceptable and in the best interest of the community; 

WHEREAS, the State of Alabama has proposed an Endo Settlement Sign-On Agreement to the local governments and the City of Haleyville finds the terms of the Sign-On Agreement acceptable and in the best interest of the community;  

WHEREAS, the Settlement Agreement and Sign-On Agreement detail the allocation of Settlement Funds, which the City of Haleyville finds acceptable and in the best interest of the community; 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA,

Section 1. That the City of Haleyville finds that participation in the Endo Settlement, Settlement Agreement and Sign-On Agreement is in the best interest of the City of Haleyville and its citizens because such a plan would ensure an effective structure for the commitment of Settlement Funds to abate and seek to resolve the opioid epidemic.  

Section 2. That the City of Haleyville hereby expresses its support for the Endo Settlement and allocation and use of Settlement Funds as generally described in the Settlement Agreement and Sign-On Agreement. 

Section 3. That the City of Haleyville’s Mayor (“Mayor”) is hereby expressly authorized to execute the Endo Settlement Sign-On Agreement and the Mayor is hereby authorized to execute any formal agreements necessary to implement the Endo Settlement and plan for the allocation and use of Settlement Funds.  

Section 4. That the Mayor is hereby expressly authorized to execute any formal agreement and related documents evidencing the City of Haleyville’s agreement to the settlement of claims [and litigation] specifically related to Endo.  

Section 5. That the Mayor is authorized to take such other action as necessary and appropriate to effectuate the City of Haleyville’s participation in the Endo Settlement.

Section 6. This Resolution is effective upon adoption, the welfare of the City of Haleyville, Alabama requiring it.

ADOPTED this the 4th day of January, 2022.

RESOLUTION #2022-01

WHEREAS the City of Haleyville is currently working on the 2020 Neighborhood Improvements, 7^th Avenue South – Mineral Springs Apartments, Streets, Drainage, Water, and Sanitary Sewer, CDBG Project No. LR-CM-CP-20-021, AND

WHEREAS the Contractor, Robinson & Sons Construction Services, Inc., has requested to be reimbursed for items listed in Change Order No. 2, including 6-inch and 8-inch ductile iron epoxy lined sewer pipe and 6-inch sewer pipe sleeve, additional pipe support, and stainless steel “L” brackets, additional curb and gutter, and concrete drive.  

WHEREAS these materials, additional work completed and additional work to be completed, and time extension described in Change Order No. 2 amount to $39,702.00 and 38 calendar days.

WHEREAS the Project Engineer, Calvin Cassady, P.E. of The Cassady Company, Inc., has reviewed and approved Change Order No. 2 for the extension of contract time.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Haleyville, that Mayor Ken Sunseri is hereby authorized to execute Change Order No. 2 (to be made a part of this Resolution) for the 2020 Neighborhood Improvements, 7^th Avenue South – Mineral Springs Apartments, Streets, Drainage, Water, and Sanitary Sewer, CDBG Project No. LR-CM-CP-20-021.

Adopted and approved this the 4^th day of January 2022.