[Adopted 10-20-2020 by Bill No. 2020-12]
Cecil County, Maryland (the "County") hereby authorizes the
establishment of the Cecil County, Maryland Opioid Litigation Settlement
Trust Fund (the "Trust Fund"), under the terms and conditions set
forth in a trust agreement to be entered into by the County and the
trustees of the fund, substantially in the form of the Cecil County,
Maryland Opioid Litigation Settlement Trust Agreement attached hereto
as Exhibit A (the "Trust Agreement").
The Trust Agreement and the provisions therein regarding the
administration of the Trust Fund are hereby approved.
The purpose of the Trust Fund is to preserve and protect the
Trust Fund's assets and to assist the County in providing and
supporting programs that educate, prevent, and treat opioid addiction
in Cecil County, Maryland.
The Trustees shall have full power and authority to invest and
manage the assets of the Trust Fund in accordance with the Trust Agreement.
Neither the establishment of the Trust Fund nor the establishment
or maintenance of a reserve to provide for opioid education, prevention,
or treatment utilizing litigation settlement proceeds shall be construed
as creating or evidencing an obligation on the County's part
to maintain or continue its practice of providing such programs or
services; rather, the County expressly reserves the right to alter,
amend, modify, or terminate any program or service funded by Trust
Fund assets.
As set forth in Section 7.02 of the Trust Agreement, the Trust
Agreement may be amended by a proposal of the County Executive, after
such amendment has been approved by the vote of 2/3 of the Trustees,
and approved by the County Council.
This article, being necessary for the welfare of the inhabitants
of Cecil County, shall be liberally construed to affect its purposes.
The provisions of this article are severable, and if any provision,
sentence, clause, section or part hereof is held to be illegal, invalid
or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this article or their application to
other persons or circumstances. It is hereby declared to be the legislative
intent that this article would have been passed if such illegal, invalid
or unconstitutional provision, sentence, clause, section or part had
not been included herein, and if the person or circumstances to which
this article or any part hereof are inapplicable had been specifically
exempted therefrom.