HomeMy WebLinkAbout106 - 09/05/2023 - MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE 2023 COLORADO OPIOID SETTLEMENT FUNDS FOR USE BY THE MUNORDINANCE NO.106,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE 2023 COLORADO
OPTOID SETtLEMENT FUNDS FOR USE BY THE MUNICIPAL COURT
WHEREAS,communities throughout Colorado,including the City of Fort Collins,are
suffering from an epidemic of opioid addiction;and
WHEREAS,local and state governments across the nation,including in Colorado,filed
lawsuits against opioid manufacturers,distributers,and pharmacies for creating the opioid
epidemic;and
WHEREAS,over the last several years the parties to various opioid lawsuits have been
negotiating settlement agreements to resolve the litigation;and
WHEREAS,on December 7,2021,the City Council adopted Resolution 2021-113
approving the City’s participation in the Colorado opioids settlement and authorizing execution
of:(a)a Memorandum of Understanding (“MOU”)with the State of Colorado governing the City’s
participation in the Colorado opioid settlement and allocation of opioid settlement funds in
Colorado,and (b)related releases of legal claims against certain opioid industry defendants;and
WHEREAS,a significant portion of the opioid settlement funds are being distributed to 18
designated regions in the state,including the Larimer County Region;and
WHEREAS,on May 3,2022,the City Council adopted Resolution 2022-055,authorizing
execution of an Intergovernmental Agreement between the City,Larimer County,the City of
Loveland and the Town of Wellington to establish the Larimer Regional Opioid Council,which
will determine the distribution of the regional funds (the “Regional IGA”);and
WHEREAS,the Regional IGA was signed and went into effect on June 7,2022,and was
amended earlier this year to add the Town of Estes Park to the Regional Council,pursuant to City
Council Resolution 2023-011,adopted January 17,2023;and
WHEREAS,on March 21,2023,the City Council adopted Resolution 2023-028,
authorizing settlements and waivers with five additional opioid defendants;and
WHEREAS,the City has received its first payment of settlement funds in the amount of
$106,672 for 2023;and
WHEREAS,the Fort Collins Municipal Court has asked to appropriate $75,000 of the
settlement funds to use in 2023 to help establish a municipal drug court program that would provide
evidence based problem-solving court practices to individuals with opioid use disorders and any
co-occurring substance use disorders;and
WHEREAS,programs to address the needs of criminal-justice-involved persons with
opioid use disorder and any co-occurring substance use disorders or mental health issues are an
approved use of settlement funds under the MOU;and
WHEREAS,this appropriation benefits the public health,safety and welfare of the
residents of Fort Collins and serves the public purpose of addressing the criminal justice
consequences of substance use in the community;and
WHEREAS,Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance at any
time during the fiscal year,provided that the total amount of such supplemental appropriation,in
combination with all previous appropriations for that fiscal year,do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year;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 this Fund during
this fiscal year;and
WHEREAS,the Council Finance Committee supported this appropriation at its
July 6,2023,meeting.
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 there is hereby appropriated from new revenue or other funds in the
General Fund the sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000)to be expended
in the General Fund for use by Municipal Court for the drug court program.
Introduced,considered favorably on first reading,and ordered published this 15th day of
August,2023,and to be presented for final passage on the 5 •day of Sept4er,2023.
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ATTEST:
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City Clerk
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