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10-27-08 Council Meeting Agenda & Packet
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10-27-08 Council Meeting Agenda & Packet
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
10/27/2008
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1400 Co=-Crnr B=INc <br />227 W. JEFFERSON BOULEVARD <br />SOuTH BEND,INDV+NA 46601 -1830 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF LAW <br />PHONE 574/ 235 -9241 <br />FAx 574/235 -9892 <br />TDD 574/ 235 -5567 <br />CHARLES S. LEONE ALADEAN M. DEROSE <br />CnYATroRNEY CHIEF ASSISTANT CrrYATTORNEY <br />October 20, 2008 <br />Mr. Timothy Rouse <br />President, South Bend Common Council <br />4a' Floor, County -City Building <br />South Bend, IN 46601 <br />Re: Fee Ordinance <br />Dear President Rouse: <br />Periodically the City reviews fees which it charges to reflect its increased costs. When <br />setting these fees we are constricted by various statutes. The two most pertinent are the Indiana <br />Access to Public Records Act (I.C. 5 -14 -3) and the general restrictions on Home Rule powers <br />found in I.C. 36- 1 -3 -8. Subsection (6) of the latter prohibits any municipality from imposing a <br />service charge or user fee "greater than reasonably related to reasonable and just rates and <br />charges for services. The former applies only to public records but sets an even lower bar .by <br />specifically excluding labor costs from any fees charged for public records. In addition, many <br />other specific statutes either absolutely set or limit the amount the City can charge. <br />The Summary Report fee has not been changed since the year 2000. This is not a public <br />record because it does not exist until requested. While the City would be justified in charging <br />$9.00 in all cases based upon the increased labor cost involved, two tiers of charges are <br />recommended, with no increase in the charge made to the victim of the crime. <br />The Crime Statistic compilation fee has also not been changed since the year 2000. <br />Again, this is not a public record, because it does not exist until requested. <br />Beginning with the motor and recreational vehicle inspections, I.C. 9- 29 -4 -2 limits the <br />amount of a motor vehicle inspection fee to $5.00, even though the cost to the City is greater. In <br />accordance with the statute, the City will continue to offer the opportunity to inspect these motor <br />and recreational vehicles at the Police Station for $5.00. However, if the patron requests that the <br />inspection occur away from the Police Station for his/her convenience, we are adding a second <br />charge, the cost of the police officer traveling to the location. For inspections away from the <br />Police Station, there is a distinction between motor vehicle inspections and rebuilt salvage <br />inspections' *: This distinction and the corresponding fees are based upon the fact that rebuilt <br />salvage inspections require considerably more time by the police officer. <br />THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH <br />.JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN <br />OP. <br />`� " <br />
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