10-27-08 Council Meeting Agenda & Packet

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