HomeMy WebLinkAbout064 - 07/06/2021 - APPROPRIATING PRIOR YEAR RESERVES FOR A MUNICIPAL IMMIGRATION LEGAL DEFENSE FUND PILOT PROGRAM ORDINANCE NO. 064, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR A
MUNICIPAL IMMIGRATION LEGAL DEFENSE FUND PILOT PROGRAM
WHEREAS, immigration policy and enforcement are controlled by the federal
government,the Fort Collins City Council noted in the 2020 Legislative Policy Agenda that"issues
pertaining to civil rights at the United States' borders and immigration law more broadly have
wide impacts that can directly impact the day-to-day life of Fort Collins residents"; and
WHEREAS, City Council Resolution 2019-100 detailed concerns that fear resulting from
federal immigration law and enforcement policies could discourage Fort Collins immigrant
residents from engaging with safety personnel, Police Services, and other City departments to
access services and resources; and
WHEREAS, Fort Collins has an immigrant community of more than 11,000 people, or
6.8% of the total population, and that 15% of children in Fort Collins live with at least one
immigrant parent and 75%of these children are themselves US citizens; and
WHEREAS, approximately 4,500 Fort Collins residents are currently not United States
citizens; 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen
immigrants are estimated to be undocumented and at risk for detention and deportation; and
WHEREAS, in December 2020, there were 418 Larimer County residents with pending
immigration deportation proceedings, 83 of whom lacked legal representation; and
WHEREAS, 2,963 Northern Larimer County residents are eligible for immigration relief
and need low-cost or pro bono legal services to pursue lawful paths to citizenship; and
WHEREAS, any non-citizen, including lawful permanent residents, refugees, and people
who entered legally on visas, can be placed in deportation proceedings; and
WHEREAS, without legal representation, many people in deportation proceedings have
valid legal grounds to remain in the United States under federal immigration laws, but cannot
effectively navigate the complex immigration legal system or gather necessary evidence; and
WHEREAS, Fort Collins lacks available pro bono or low-cost legal advice and assistance
for cases related to extension of visas,Deferred Action for Childhood Arrivals("DACA")renewal,
citizenship,or legal permanent resident applications as there is one immigration attorney practicing
in Fort Collins and although community partners are providing assistance for immigrants, no
organizations currently provide pro bono or low-cost immigration legal defense and advice for
Fort Collins residents; and
WHEREAS, a pilot program for a Municipal Immigration Legal Fund in Fort Collins
would establish a grant program to provide funds to community partners, nonprofit organizations,
or legal service providers to offer residents wrap-around, holistic immigration legal services to
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meet the most urgent needs,reach the greatest number of impacted community members,and build
trust in the immigrant community through ongoing self-advocacy and program support through
January 2023; and
WHEREAS, the City would initiate a request for proposal process and select service
providers through competitive review; and
`l1EREAS,the delivery model for legal services will be outlined in applicants' proposals
and determined by the review team through the selection process; and
WHEREAS, proposals will be requested for a pilot program to provide direct legal
representation for the lifecycle of immigration cases with client intake with the equity-based
universal representation model; support for legal pathways to citizenship or lawful presence; legal
advice and consultations through legal clinics and Know Your Rights trainings; education and
outreach that includes leadership and empowerment training to improve self-advocacy; and,
program coordination based within a local nongovernmental organization (the "Pilot Program");
and
WHEREAS, proof of residency in Fort Collins for a duration of no less than one full year
and beginning no later than June 2020 for any person older than 21 years of age of will be a
requirement of participating in the Pilot Program; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in that fund during
any fiscal year; and
WHEREAS, this appropriation for the Pilot Program benefits the public health, safety and
welfare of the residents of Fort Collins and serves the public purpose of providing pro-bono legal
services and immigration education for Fort Collins' residents in the immigration legal system
who are seeking to establish legal status under U.S. immigration laws, thereby encouraging the
City Strategic Goals related to: 1)advancing equity; 2)improving community engagement;and 3)
supporting the humane treatment of persons who are detained by Immigration Officials and the
rapid resolution of legal proceedings and support pathways to legal immigration.
WHEREAS, this appropriation economically benefits the City of Fort Collins because
deportations and immigration detention are costly to the community, its taxpayers and employers
and providing representation of Fort Collins residents in immigration court has been reported as a
way to reduce the related costs to the community; and
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WHEREAS,undocumented community members generate revenue for the City by paying:
1) state and local taxes; 2) sales and excise taxes; 3) property taxes directly on their homes (and
indirectly as renters); and 4) at least half of undocumented immigrants work at jobs where state
and federal income taxes are regularly withheld from their paychecks; and
WHEREAS, this appropriation also benefits Fort Collins residents and American citizens
who have parents, spouses, children, sibling and other immediate family who seek legal paths to
citizenship and are at risk for removal;thus,the Immigration Pilot Program protects local families
from being separated and displaced.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager,or their designee,
to initiate and facilitate the Pilot Program in a manner consistent with this Ordinance.
Section 3. That there is hereby appropriated from prior year reserves in the General
Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for expenditure
from the General Fund for the establishment of the Pilot Program.
Section 4. That the Council hereby directs the City Manager to gather data describing
the level of service and outcomes from the Pilot Program and to provide a report and update to the
City Council no less frequently than each calendar quarter including:
1) number of clients served;
2) case outcomes;
3) type of case;
4) client family data, including number of children;
5) client country of origin;
6) client ethnicity;
7) client zip code;
8) client's duration in Fort Collins, Colorado and the United States;
9)whether bond or release was granted to client;
10)cost of bond for client;
11) income range of client; and
12)number of days client spent in detention.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2021, and to be presented for final passage on the 6th day of July, A.D. 2021.
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ATTEST:
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City ClerkPassed and adopted on final readin of July, A.D. 2021.
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Account#: FTC-003160
Ir'll FORT-COLLIE'S
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Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Counc
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER)
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
—.._....- the same.is a-daily--newspaper of-general-circulation-and--printed-and-published-in-the-Gity-of Fort-
Collins, in said county and state; that the notice or advertisement, of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof; that the publication of said
notice was contained in the issue of said newspaper on
06/20/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof-, and that said
newspaper is a daily newspaper duly qualified for ublishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
20th of June 2021.
Notary Public
Notary Expires
VICKY FEi_TY
Notary Public Legal No.0004786275
State of Wisconsin
Ad#:0004786275 Affidavit Prepared
P O: Ords Sunday,Juno 20,2021 2:49 am
This is not an invoice
#of Affidavits 1
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NOTICE IS HEREBY GIVEN that The,
Fort-.Collins CLtY Council, on TriesdaY:'
June 2021 ":'gassed and adoPtOQ the'.
f6
klow!n9 ordinances' on first'reading
These ordinances will'.Lie Presented f0r
flnal':passaae`nn Tuesday July 6,2021
ORDINANCE N0,064,2021
OF THE,COUNCIL.OF'THE..CITY OF
FORT COLLINS
APPROPRIATING. PRIOR YEAR RE
SERVES FORA
MUNICIPAL. IMMIGRATION `.LEGAL
DEFENSE PILOT PROGRAM;
ORDINANCE'N0.074,2021,
OF THE.COUNCIL OF THE"CITY OF.
FORT COLUI NS
MAKING A:"SUPPLEMENTAL APPRO-
PRIATION OF A PORTION OF THE
CITY;.'S: AMERICAN .RESCUE. PLAN
ACT`'FUNDING FOR':'LOCAL-FISCAL,.
RECOVERY ;RELATED TO : 'RE
SPONSE TO"AND''RECOVERY FROM
THE(COVID-19 PAN.DPMIC ,
ORDINANCE.NO.(180,2021
OF THE COUNCIL.OF THE CITY Or-
FORT COLLINS
MAKING SUPPLEMENTAL APPRO-
PRIATIONS
FOR THE RESTORATIVE JUSTICE
SERVICES PROGRAM
ORDINANCE NO,081,2021
OF THE COUNCIL OF.. TH.E;;CITY, OF
FORT COLLINS
AMENDING, SECTION' 2-34 OF THE>
CODE OF.,;THE CITY Or...FORT
COLLINS
TO: DESIGNATE THE CITY"'S
WE6S1TE AS THE PROPER:PLACE"
FOR
POSTING OF CITY COUNCIL' MEET-
ING NOTICES'AND;AGENDAS.,
ORDINANCE:NO 082:2021
OF;THE•.COUNCIL„OF THE,'CITY O.F
FORT COLLINS
AMENDING:, CHAPTER 12 OF THE.
CODE 'OF'=.THE CITY. `'OF FORT
COLL[NS:.REGARDING SMOKING MA
TERIALS
ORDINANCE NO.083,2021
OF;THE,COUNCIL OF•THE'CITY OF
FORT'COLLINS
AUTHORIZING.: THE. CONVEYANCE
OF A WASTEWATER EASEMENT ON
LARIMER COUNTY _:LANDFILL.
PROPERTY''T0 LARIMER COUNTY
4
ORDINANCE NO U12021
OF.THE COUNCIL OF THE CITY•OF.3
FORT COLLINS". ' '
rAMEND:ING CHAPTER 24;:
OF THE CODE OF THE CITY`OF
FORT COLL`INS TO-ADOPT';THE UP
DATED 2021:LARIME'R COUNTY
URBAN .AREA STREET v,STARDA0DS
BY REFERENCE _
The full text of these,ordmonces can be%
found"at '}ittP:llfcstiV cOmlAutil[cnotices
'or.-bY calling the City Clerk""Offlce"at`
v.
- (970)=221-6515
0004749S24
Coloradoan
June 20.2021
Account#: FTC-003160
j FORT-COLLINS
W_ _
Invoice Text
0-)UJ 0A_ _NNOTICE IS HEREBY GIVEN that the Fort Collins City Couni
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER)
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily_n.ewspaper of general.circulation and printed and published in the City of Fort
Collins, in said county and state; that the notice or advertisement, of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof; that the publication of said
notice was contained in the issue of said newspaper on
07/11/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
9
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
1 Ith of July 2021.
_... -
Votary Public
Votary Expires
EVICKY FEL.TY
Notary public Legal No.0004813501
ate Of WiSconsin
Ad#:0004813501 Afiidavit Prepared
P O: NEWS SR Sunday,July 11,2021 2:48 am
This is not an invoice
#of Affidavits 1
ED;:<TO RESPONSE "TO.AND RECOV-
ERY'PROM'THE COVID-I9,PANDEM-
IC
ORDINANCE NO 080,2021
OFJHE COUNCIL OF THE,CITY OF..
FORT CbLt-1NS'MAKING 'SUPPLE "
MENTAL , APPROPRIATIONS FOIE
THE RESTORATIVE,JUSTICE SERV-.;
ICES.PROGRAM
ot~ C UNCII .OF THE OC'TY OF
PORT C INS AMENDING SECTION.
— 2-34 OF TH OF THE CITY,OF
21
NCE
NOTfCE .IS HERE(3Y G1VEN "that the FORT COLLINS GNATE THE
NO'
Fort Collins City=<COUnCrl=:on Tuesday GITY'S. Wf?BSITE AS R
July 6,�:2021, pgssed and adopted the,fof- PLACE FOR POSTING OF
lowing'ardinances.oh secorid'eead3hg.': COUNCIL MEETING NOTICES AND.,
AGENDAS :>
ORDINANCE NO,064,2021 ORDINANCE NO 082,2021
OF THE;COUNCIL OF THE CITY:OF '.
FORT ..COLLINS ,APPROPRIATING OF THE COUNCIL,OF:.THE.CITY.OF
PRIOR:YEAR RESERVES FOR A'MU FORT COLLINS ;AMENDING CHAP
NICIPAL- IMMfGRATION LEGAL'.DE-
TER 12 OF THE .CODE:OF'THE CITY'..
FENSE;FUND PILOT PROGRAM ` OF FORT - COLLINS ..REGARDING .
SMOKING MATERIALS
ORDINANCE NO,079,,202T
.OF THE,COUNCIL. OF THE CITY OF; ORDINANCE NO.0113,2021
FORT COLLINS..MAKING A SUPPLE OF THE COUNCIL OF THE CITY OF
MENTAL APPROPRIATION OF A FORT COLLINS AUTHORIZING THE
PORTION OF THE CITY'S AMERICAN CONVEYANCE OF A WASTEWATER
RESCUE PLAN ACT-FUNDING .FOR EASEMENT,:,ON,,LARIMER .;;COUNTY;:;';
LOCAL 'FISCAL RECOVERY RELAT- ? LANDFILL>PROPERT'Y TO LARIMER':'
COUNTY
ORDINANCE,HO 084,202i
.OF THE COUNCIL::`OF THECiTY OF.
FORT COLCLINS ".'AMENDING: 'CHAP_
TER 24 6F:,,THE CODE OF'THE:CITY
OF FORT`COLLINS.::TO"ADOPT THE
UPDATED 2021 LARIMER COUNTY
URBAN AREA.STREET STANDARDS
'
BY REFERENCE
The:full text of.these ordinances can tie';'
i
fau'nd at http:!lfcgov.comlPublitnot ces
or by calling the City.Cler `Off
ksice at
(970)221.6515:
0004813501
ColoCa4oan
J U 3"11 Y 2021';,