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HomeMy WebLinkAbout9780-07 Amend Chapter 2 - Article 18 - Document and Copy FeesORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 27, 20 07 Attest: City Clerk Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 28, 07 20 President of Common Council City Clerk Approved and signed by me A~ ~ 9 ~ ~ ~ r_ ~ 9 20 ~_ ORDINANCE NO. ~ 1 g ~ ~ ~ 1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend, These fees should be reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. I.C. 36-1-3- 8(a)(6) gives the City the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." These changes reflect those adjusted costs and establish costs for other services. This Ordinance establishes a higher fee for color photo copies and raises the fee for clerk certifications, finger prints, and motor vehicle accident reports. I.C- 5-14-3- 8 was amended effective July 1, 2007 and now authorizes a certification fee of up to $5.00 and a color copy fee of up to $0.25, both of which are included in this ordinance. The other changes reflect increased costs. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend as follows: Section I. Chapter 2, Article 18, Section 2-210 of the Municipal Code of the City of South Bend is hereby amended to read in its entirety as follows: (a) The following reasonable fees are established, to be paid by the requesting party not later than the time of delivery of each of these services or each of these documents described: 1. Each page of any document which is a Public Record under I.C. 5-14-3-2 which is not excepted from disclosure. ~a) non-color photo copy $0.10 (b) color photo copy 0.25 2. Motor vehicle accident reports. $~6A 8.00 3. Police Summary Report (a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section) $5.00 4. Police Department Crime Statistic Compilation (A form of report which does exist as a public record prior to public request) $5.00 5. Audio Tapes, per tape $10.00 a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 6. Photographs: a. Those reproduced by the City of South Bend from its negatives. $1.00 b. Enlargement of Polaroid or reproductions requiring Outside resources (plus outside cost) $2.00 7. Copies of Fingerprints. X3:66 5.00 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes, per tape a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 11. Computer Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. EMS Report $15.00 14. Motor Vehicle Inspection and Rebuilt Salvage Inspection $5.00 15. Limited Criminal History Reports a. Request to process Limited Criminal History $3.00 b. Request from the subject for a copy of his/her Limited Criminal History $5.00 c. Copy of Limited Criminal History on another person $7.00 However such request shall be provided free if mandated by I.C. 10-13-3. 16. Processing Request for Limited Juvenile History $5.00 17. Providing Materials Other Than Public Records Requests $10.00 plus $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 18. Requested Mailing of Public Records $1.00 plus postage 19. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 $10.00 20. CPAT Testing Offered to Other Fire Departments a. Set Up and Break Down Costs $640.00 b. Training Session Conducted by SBFD $320.00 c. Testing Conducted by SBFD $ 4 0.0 O p e r applicant 21. Processing Fee for Police Department Tow $5.00 (b) Where documents in any one (1) request exceed ten (10) pages and for requests of items 2 through 12, inclusive, the City may require payment by the purchaser in advance of the City's production of the record. (c) If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend, there shall be a t~ five dollar charge for the certification in addition to the charges, if any, set forth in the above subsection (a). (d) Any fees collected pursuant to this section by the South Bend Police Department shall be deposited into the Law Enforcement Continuing Education Fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. (e) Any fees collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station and fire station repairs as further addressed in § 9-17 of the South Bend Municipal Code. Section II. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication. Member, South nd Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~~{~ day of ,, ~ - , 2 0~~, at L~-3v o'clock ~. m. r-- City rk ~ ~~~ Approved and signed by me on the 2q day of , 2007 , at o'clock ~ m. F:\DATAISHAREVxgal\W pdatalTBodnar\ORDINANC1Fee Adjusunents 072007.wpd 1st READING ~'~ 3"4 PUBLIC I-iEF.R,NG~-~..~ -07 3 rd READING NOT APRP,OVED g ~~-~~ REFERRED PASSED ~„ ~~ _~ Mayor, City of S th Bend, Indiana ~I~E~ {il ~~Cl'~'~ df~i IC8 AUG - g 2007 JOHN VOORD~ CITY CLERK, S~J. BENS, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 51-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, fNDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairperson TRI COUNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-6666 TELEPHONE: (574) 243-4664 Fax: (574)243-4916 PROOF OF PUBLICATION ' State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager of the Tri County News; that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of general circulation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto 1's a true and correct copy, was published in said newspaper JJ7~'J time(s), the date of publication being as follows: 8/17/2007 Fee: $23.80 Subscribed and sworn to before me this 17th day of August, 2007 Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 PROOF OF PUBLICATION Notice is hereby given the citizens of South Bend, St Joseph Coumy, Indiana, that the Common Council of the City of South Bend, St Joseph County, Indiana, in the Council Chambers of the County-City Building, 2~7-Was; „c on Boule- vard, Soufh Bend, Indiana, on Monday, August 27, 2007 will hold ffi 7:00 p.m., a Public Hearing on the follmving proposed Ordinances: 43-07 A BILL TO VACATETHE FOLLp+MNG DESCRIBED PROPERLY: 7HE ALLEY TO BE VACATED IS THE FlRST EASTNVEST ALLEY NORTH OF NORTHSI DE FRS~ORTH/SO HALLEYFORADSTANCE OF 133.5 FEETAND A t/NpLTI OF 14 FEET. BE- ING APART OF DUNN'S 1ST ADDITION, POR- TAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA as-o7 A BILL 70 VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREETTO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LO- CATED INTHE NORTH ~ OF THE NORTHWEST GUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOl1iH BEND, ST. JOSEPH COUMI; INDIANA 50-07 ABILLOFTHECOMMONCOUNCILOFTHECITY OF SOUTH BEND, INDIANA, TO AMEND VARI- ' TOHESOUi BEND A~1UNICIPALCODEADDRES3F LNG PERMIT FEES AND THE DEFINITION OF PLUMBING CONTRACTOR 51-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANq AMENDINGARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MU- NICIPALCODE TO SETANDADJUST FEES FOR DOCUMENTS AND SERVICES Persons at fhe mee8ng shall have tha dght to be heard thereon. John Voorde City Clerk 1t,8-17 Notice is hereby given the citizens of South Bend, St. Joseph County, Indi- ' ana, that the Common Council of the City of South Bend, St. Joseph County, Indiana, in the Council Chambers of the County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, on Monday, August 27, 2007 will hold at 7:00 p.m., a Public Hearing on the following proposed Ordinances: A BILL TO VACATE THE FOLLOWING SCRIBED PROPERTY; THE ALLEY TO BE VA- CATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTH- SIDE BOULEVARD, FROM 21ST STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND q WIDTH OF 14 FEET. BEING A PgRT OF DUNN'S 1ST ADDI- TION, .PORTAGE SOUTH BIEND, ITY OF SEPH COUNTYST. JO- ANA INDI- A BILL TO VACATE THE D E- SCRIBEDIN P THE STREE TOTp RBE VACATED POR- TION O OBRICK ROgD RIGHT WAY LO- CATED IN THE NORTH '~ OF THE NORTH- WEST QUARTER SECTION 19 TOWN SHIP 38 NORTH, RANGE 2 EAST, GER- MAN TOWNSHIP, CITY OF SOUTH BEND ST. JOSEPH COUNTY, IN- D IA NA A BILL 50-07 OF THE COM- THEN CITYOUNCIL OF BEND OF SOUTH AMEND INDIANA, TO SECTIONS OFACHgpS TER 6, ARTICLE 1, OF Mi E~~^SOUTH_ BEND A BILL OF THE COM- T^ EN CITYO OF IL OF BEND INDIANq AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET Allp gp)UST FEES AND SERVICE8UMENTS Persons at the meeting shall have the right to be heard thereon. John Voorde, City Clerk 1 t: 8: 17 - State of.Indiana St. Joseph County es: Personally.:appeared before me, a notary public in and for said county anal state, the undersigned Carol Smith who, being duly sworn says that she is of competent age and is Advertising Director of The South Bend Tribune, a daily newspaper which for at least five (5) consecutive years has been published in the City of South Bend, county of St. Joseph, State of Indiana, and which during that time, has been a newspaper of general circulation, having a bona fide paid circulation, printed in the English language and entered, authorized and accepted by the post office department of the United States of America as mailable matter of the second-class as defined by the act of Congress of the United States of March 3, 1879, and that the printed matter attached hereto is a true copy, which was duly published in said newspaper. 1 time s, the dates of publication being as follows: August 16, 2007 ~~ Subscribed and sworn to before me this ] 6th day of August 2007 . 7 7 ' Geraldine Dickey V Notary Public Resident of St. Joseph County My commission expires January 28, 2009 Charges X31.31 TRI~COUNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-66661 TELEPHONE: (574) 243-4664 Fax: (574) 243-4916 PROOF OF PUBLICATION .. TT /1/lT l1T .T\i TTT T!t ~ TT/1~ ~ ORDINANCE NO. 9780-07 ARTICLEI BOFCHAPTER2OFMOHESOUT BENDMUNIGP DCO EtTOSETANDAD.IUST EESFOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the aty of South Bend enacted an OGmnance eslabTishing fees to various reports and documents of the aty of South Bend, These fees should t» reviewed and adjusted periodivally m reflect increased costs of the production of these documents and other services. I.C. 36-1-3-8(a)(8) 9ive5 ~ CtiY the authority m set tees providng they are 7easonady related >n reasonable and just rates and chages fa services.' TFresa changes reflect those adjusted costs and establish costs br other services. This Ordinance establishes a Ngtrer fee for cola phoro Copies and raises the tee fa deck certifications, finger prints, and rtata vehide accident repads. I.C. 5-14-3-8 was amended effective July 1, 2007 and now authorizes a certification tee of up 35.00 and a cola copy fee of up to 50.25, both of which are inducted in this ordnance The other changes reflect increased costs. NOW, THEREFORE , BE IT ORDAINED, try the Comnan Courxal of the aty ~ South Bend as foOows: Section I. Chapter 2, Article 18, Section 2-210 of the Munidpal Code of the City of South Bend is hereby amended th read in its entirety as follows: not later than the (a) The following reasonable fees are established, m be Daid by the requesting Darty time of delivery of each of these services a each of these documents described: 1. Each page of arty dotumeM which is a Public Record Under I.C. 5-14-3-2 which is not excepted tmm disclosure. Sg.10 (a} nontolor photo copy 50.25 (b) cola photo copy S5 00 S8 00 State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager of the Tri Count! that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newsl general circulation printed and published in the English language in the City of South Bend, in the al county and state; that a notice of which the copy attached hereto is a true and correct copy, was publi said newspaper. Q - ~ ~_ time(s), the date of publication being as follows: 9/7/2007 Fee: $113.58 Subscribed and sworn to before me this 7th day of September, 2007 2. Moto vehicle accident reports Po0ce Summary Report (a form of repot whichdoes not exist as a record 3 . prier to public request and is not explicitly mentioned in this section) 55.00 4. Police Department Crime Statistic Compflalion hkh does exist as a public Record pda to public request) t f w repor (A form o 510.00 5. Audio Tapes, per tape Those reproduced by the City of South Bend a $10.00 . b. Those requiring outside resources 52.00 (plus outside vests) 8. Photographs: roduced by Ore City of South Bend tram its negatives. Th 31.00 ose rep a. __...,~,.,.~;,..,~ ,e o. emarBe~~a~~~ o. ~~~a~,,,.. M ...,,.....__~_.._ ._,_ _ Outside resources (plus outside cost) 52.00 ;opies of Flngerprints. $3.00 55.00 $25.00 Orson Repafs. SB.DD BluepriMS, Per page Videotapes, per tape Ttase reproduced by the aty of South Oend a 510.00 . b.Those requiring outside resources 52.00 (plus outside costs) 53.00 Carquter Discs, per disc 51.00 Maps, per square toot of paper EMS Report 515.00 Motor Vehicle Inspection and Rebuilt Salvage Inspection 55.00 i. Limited Criminal History Reports DD 53 a. Request m process Limited Criminal History i . 00 35 story Requestfran the subject tar a Copy of Nsfier Limited Criminal H b . . c. Copy of Limited Criminal History an another person 57.00 pwever such request sh~l ba provided tree iF mandated by I.C. 10-13-3. i. Processing Request for Limited Juvenile History 0th Th n Public Records 55.00 r. Prowding Matenals er a 310.00 plus Request 50.10 per page 515.00 per tape; 315.00 for first photograph and $5.00 fa all others 8. Requested Mailing of Public Records 51.00 plus postage 9. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 $10.00 !0. CPAT Testing Offered to Other Flre DepartmeMS 3640.00 a. Set Up and Break Down Costs 5320.00 b. Training Sessan concluded by SBFD 340.00 per applicant c Testing Conducted by SBFD 55.00 21. Processing Fee for Pdice DepartrneMTow and ~ requests ~ items 2 through (b) Where documents in arty one (1) request exceed ten (10) Pages 12, Inclusive, the C'dy may require payment by the purohaser In advance d the Gtys production of the record. (c) If an individual wishes to have any records certified bythe aly Clark or any empbyee otthe City of South Bend, there shall he a two five ddlar charge to the certification in addition to the charges, if arty, set forth In Ore above subsection (a). (dJ Any fees collected pursuant to this section by the South Bend Police DePafineM shall be deposided into tha Law EMorcemeM Continuing Education Fund fa training supplies and equipment vrith all interest earned on Ore monies deposited In said fund be retained therein. (e) Any tees cdlecled pursuant th this section by tha South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station and fire station repairs as further addressed in §9-17 of Ore South Bend Munidpal Code. Section II. This Ordinance shall De in full force and effect from and after the date of TLS passage by tlra Common Council, approval by the Maya and Iegai pudication. Timothy A Rouse Member, South Bend Canrtan Coundl Passed on August 27, 2007, by the gammon Council of the Cdy of South Bend, Indiana Presented to, approved and signed by Maya, Stephen J. Luecke, on August 29, 2007. Approved: Tinathy A Rouse, President John Voarde, aty crack 1t,9-7 l n • a ORDINANCE the City of South Bend b. Those requiring through 12, inclusive, 9780-07 NO as follows: outside resources $2.00 the City may require . AN ORDINANCE OF Section I. (plus outside costs) payment by the pur- THE COMMON Chapter 2, Article 18, 11. Computer Discs, chaser in advance of the COUNCIL OF THE Section 2-210 of the per disc $3.00 City's production of the CITY OF SOUTH Municipal Code of the 12. Maps, per square record. INDIANA BEND City of South Bend is foot of paper $1.00 (c) If an individual , AMENDING ARTICLE hereby amended to read 13. EMS Report $15.00 wishes to have any rec- 18 OF CHAPTER 2 OF in its entirety as follows: 14. Motor Vehicle ords certified by the City THE SOUTH BEND (a) The following reason- Inspection and Rebuilt Clerk or any employee of MUNICIPAL CODE TO able fees are estab- Salvage Inspection $5.00 the City of South Bend, SET AND ADJUST lished, to be paid by the 15. Limited Criminal His- there shall be a two five FEES FOR DOCU- requesting party not tory Reports dollar charge for the cer• . to dditi io i ifi MENTS AND SERV- later than the time of de- a Request to process n a on n t cat t if ICES livery of each of these Limited Criminal any, se the charges, STATEMENT OF services or each of History $3.00 forth in the above sub- PURPOSE AND INTENT these documents de- b. Request from the section (a). ~ In 2000 the City of scribed: subject for a copy of (d) Any fees collected South Bend enacted an 1. Each page of any document which is a his/her Limited Criminal History $5.00 pursuant to this section by the South Bend Po- ' Ordinance establishing Public Record c. Copy of Limited lice Department shall be I - fees for various re orts P Under I.C. 5-14-3-2 Criminal History into the Law deposited and documents of the which is not excepted on another person $7.00 Enforcement Continuing City of South Bend, from disclosure. However such request Education Fund for These fees should be re- (~ non-color shall be provided free if training supplies and viewed and adjusted pe- Photo copy $O.1 O mandated by I.C. 10-13- equipment with all inter- (b) color 3. est earned on the mon- riodically to reflect in- photo copy $0.25 16. Processing Request ies deposited in said creased costs of the 2. Motor vehicle for Limited Juvenile fund be retained therein. production of these accident reports. History $5.00. (e). Any ~ fees collected documents and other - ~ $E06 8.00 17. Providing Mate- pursuant to this section 36-1.3- I C services 3.Police Summary Report vials Other Than Public by the South Bend Fire . . . 8(a)(8) gives the City (a form of report which Records Request Department shall be de- the authority to set fees does not exist as a rec- rior to public re- ord $10.00 plus $0.10 per page posited into the E.M.S. capital fund for capital rovidin the are-"Tea- P 9 Y p quest and is not explicitly $15.00 per purchases and leases of sonably related to Tea- mentioned in this tape; $15.00 E.M.S. equipment, fire- sonable and just rates section) $5.00 for first fighting equipment and and charges for serv- 4.Police Department photograph fire station and fire sta- ires." Tliese charges re- Crime Statistic Compila- ort lion (A form of re and $5.00 for all others lion repairs as further addressed in § 9-17 of fleet those adjusted p which does exist as a 18. Requested Mailing of the South Bend Muniei- costs and establish public Record prior to Public Records $1.00 pal Code. costs for other services. public request) $5.00 plus Section II. This Ordinance estab- 5. Audio Tapes, postage This Ordinance shall be lishes a higher fee for per tape $10.00 19. Handgun License in full force and effect color photo copies and aThose reproduced by the 6ppludation, f d R from and after the date the assa e b f its raises the fee for clerk South Bend $10.00 b.Those requiring outside e un Sub ect to per ~ C. 35-47-2-3$10.00 g y p o Common Council, ap- certifications, finger resources $2.00 20. CPAT Testing Offered proval by the Mayor and prints, and motor vehicle (plus outside costs) to Other Fire Depart- legal publication. accident reports. I.C. 5- 6. Photographs: merits Timothy A. Rouse 14-3-8 was amended a. Those reproduced by a Set Up and Break Member, South Bend effective July 1, 2007 the City of South Bend from its negatives. $1.00 Down Costs $840.00 b. Training Session Common Council Passed on August 27, and now authorizes a b. Enlargement of Polaroid oeoeprmledttmns requiring 2007, by the Common certification fee of u p Outside resources (plus SBFD $320.00 Council of the City of $5.00 and a color copy outside cost) $2.00 c. Testing Conducted by South Bend, Indiana. to ~0.26,.both of up fee 7. Copies of,• , SBFD - $40.00 per Presented"'to, approved . , oT which are included in , Fingerprints. ~9-09$5.00 applicant and signed by Mayor, this ordinance The other 8. Arson Reports. 25.0 021. Processing Fee for Stephen J. Luecke, on - changes reflect. in- 9• Blueprints, 00 e $8 er a Police Department Tow ~ $5.00 August 29, 2007. Approved: creased costs. ~ . p g p 10. Videotapes, per tape (b) Where documents in Timothy A. Rouse, NOW, THEREF012E. ~ a. Those reproduced by any one (1) request ex- President BE IT ORDAINED, by the City of teed ten (1 O) pages and John Voorde, City Clerk the Common Council of South Bend $10.00 for requests of items 2 1T: 9: 7 • ,. m -,n^ y public in and for said county and Carol Smith competent age and is uth Bend Tribune, a re (5) consecutive years has been fnty of St. Joseph, State of Indiana, >. newspaper. of general circulation, Tinted in the English language and the post office department of the alter of the second-class as defined rtes of March 3, 1879, and that the copy, which was duly published in fblication being as follows: 1'" 200 I~~ /~ its 7th day 1001 . '' ` Geraldine Dickey r ~ Notary Public Resident of St. Joseph County • ~ MycommisSion expires January 2$, 2009 Charges $103.85