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HomeMy WebLinkAbout20241507.tiffWELD COUNTY CODE ORDINANCE 2024-05 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the "Sanctuary Cities Fact Sheet," found on the website of the Center for Immigration Studies (Map: Sanctuary Cities, Counties, and States (cis.orcl)), lists Weld County, Colorado, as a "Sanctuary County," which, according to the website, accuses Weld County of "shielding aliens in the United States in violation of law from the reach of federal immigration officers," and WHEREAS, the Board of County Commissioners emphatically states that such accusations are false and without merit, and WHEREAS, to that end, the Board of County Commissioners believes that Chapter 5, Revenue and Finance, of the Weld County Code needs revision to clearly state the Board's policy and intent to not appropriate monies from Weld County's General Fund, Capital Expenditure Fund, special revenue funds, or proprietary funds for the specified purpose of providing emergency sheltering of illegal aliens within Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 5, Revenue and Finance, of the Weld County Code be, and hereby is, repealed, reenacted, and amended to include the following Section 5-1-70: CHAPTER 5 REVENUE AND FINANCE ARTICLE I — General and Special Funds Add Sec. 5-1-70. No appropriations from General Fund, Capital Expenditure Fund, special revenue funds, or proprietary funds for the specified purpose of providing emergency sheltering of illegal aliens within Weld County. The Board of County Commissioners shall not appropriate monies from the General Fund, Capital Expenditure Fund, special revenue funds, or proprietary funds for the specified purpose of providing emergency sheltering of illegal aliens within Weld County. "Emergency sheltering 4966326 Pages: 1 of 3 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■III �� Pill01114/C1 t1.,4MAINlhMiiimi, II PAGE 1 cc '. CT8(66/CH) cAGu.o, FI(ce/ss/zoi, AcT(co) 06/2811ii 2024-1507 ORD2024-05 of illegal aliens" includes the provision of housing, transportation, or meals for the benefit of persons who DO NOT have "lawfully present in the United States" immigrant status. This prohibition includes the appropriation of monies from the funds listed above for the specified purpose of purchasing property for providing emergency sheltering of illegal aliens. Additionally, the Board of County Commissioners shall not lease or sublease any property currently owned or leased by Weld County to the Federal government, State of Colorado, or a local government, or to a non -governmental organization, corporation or non-profit corporation, for the specified purpose of providing emergency sheltering of illegal aliens within Weld County. The only exception to the rules set forth in this Section 5-1-70 shall be if such emergency sheltering of illegal aliens, including property purchases and/or leases of existing Weld County properties, is pursuant to, and as a result of, greater community emergency sheltering needs caused by a natural disaster recognized by the Board of County Commissioners by and through a resolution declaring an emergency due to the natural disaster and asking for financial assistance from the Federal government and/or the State of Colorado. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 4966326 Pages: 2 of 3 06/17/2024 01:06 PM R Fee:$0.00 Carly KoPPes, Clerk and Recorder, Weld County , CO VIII lgiO7 Nrl l 'h4CM PAGE 2 2024-1507 ORD2024-05 The above and foregoing Ordinance Number 2024-05 was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY. tOciAtniz_ Deputy Clerk to the Board APDAS my • iKney Date of signature: WELD COUNT Kevin ri Saine First Reading: April 29, 2024 Publication: May 5, 2024, in the Greeley Tribune Second Reading: May 20, 2024 Publication: May 26, 2024, in the Greeley Tribune Final Reading: June 10, 2024 Publication: June 16, 2024, in the Greeley Tribune Effective: June 21, 2024 4966326 Pages: 3 of 3 06/17/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ILIOPANKLIIA II II PAGE 3 Perry L. Buclp Pro-Tem 2024-1507 ORD2024-05 Hello