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Home My WebLink About9568-05 Amend Chapter 2, Article 18 - Set and Adjust fees for documents and servicesORDINANCE No. s Passed by the Common Council of the Ciry of South Bend, Indiana January 24, 20 05 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana January 25, 05 20 Approved and signed by me JANUARY ; ? 7 , 20 05 City Clerk President of Common Council Ciry Clerk ,~u~c - Mayor ORDINANCE NO. ~ ~ ~O~ " ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND 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. The Ordinance also provides for six (6) new classes of fees and consolidates two (2) other fees into the same single fee. These can be found in paragraphs 14 through 20. I.C. 10-13-3-30 imposes $3.00 and $7.00 fees respectively for processing a request to inspect or for the release of a limited criminal history. I.C.10-13-4-12 authorizes the imposition of a reasonable fee for providing juvenile history data. I.C. 35-47-2-3(b) sets forth the requirements of handling a handgun license application. Other new categories reflect the actual cost of providing materials in situations not necessarily involving public access requests. 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(a) 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: Each page of any document which is a Public Record under I.C. 5-14-3-2 which is not excepted from disclosure. $0.10 2. Motor vehicle accident reports. $3-69 5.00 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 tapes $10.00 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. $3.00 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes, per tape $10.00 11. Computer Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. Fire/EMS Report $3.00 14. Motor Vehicle Inspection and Rebuilt Salvage Inspection $5.00 15. -$~6-66 Limited Criminal Histor}_Reports a. Request to~rocess Limited Criminal History 3.00 b. Request from the subject for a copy of his/her Limited Criminal History 5.00 c. Cody of Limited Criminal History on another person However such request shall be provided free if mandated by I.C. 10-13-3. 16. Processing Request for Limited Juvenile History 17. Providing Materials Other Than Public Records Requests 18. Requested Maili~ of Public Records 19. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 20. CPAT TestingOffered to Other Fire Departments a. Set Up and Break Down Costs b. Training Session Conducted by SBFD c. Testing Conducted by SBFD Section II. 7.00 5.00 10.00 lus $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 1.00 lus osp taae 10.00 640.00 320.00 $40.00 per ~plicant 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. Q~!/ ` Member, South Bend Com on Council Atte . eny d+t.~R~K. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2-S-3ti\ day of ~ ,~~~ • ~ , 2 ~o~ , at Z`-yS o'clock ~_. m. ti -e.~~.ti~-~ City Clem Approved and signed by me on the ~1 day of ~'~ "~- , 2 ~ 5~, at /~ = ~~o clock ~. m. Mayor, ity of th Bend, Indiana F:\DATA\SHAREVxgal\Wpdata\TBodnar\ORDINANC~Fee Adjustments Rev Jan 3.wpd 1 si R~ADI~IG ~ -1 Q - O r` PUBLfC HEARING,_Ly_ps 3 rd READWG NOT APPROVED' _ 2"~~ ~~ REFERRED PASSED '_ Zyj~ qy" Filed in Clerk's Office JOHN VOOADE CITY CLEfiK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 3-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND 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. Roland Kelly Chairman 1400 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES $. LEONE CITY ATTORNEY Ms. Charlotte Pfeifer PHONE 574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 ALADEAN M. DEROSE January 4, 2005 ~.IiIEFASSISTANTCITYATTORNEY President, South Bend Common Council 4`I' Floor, County-City Building South Bend, IN 46601 Re: Revision to Section 2-210(a) Dear Ms. Pfeifer: The attached Ordinance is an amendment to some existing charges along with a number of additional charges for services and documents the City may supply. The first change is the amount due for motor vehicle accident reports is raised to $5.00. This is a closer reflection of the accurate cost. I.C. 9-29-11-1(a) provides that $3.00 is a minimum fee which the City may charge. The motor vehicle inspection and the rebuilt salvage inspection has been combined at a uniform fee. The vast majority of such inspections are performed at the police station. LC. 10-13-3-30 provides fees for processing a request for an inspection and, a release of a limited criminal history in the mandated amounts of $3.00 and $7.00 respectively. I.C. 10-13-3-31 provides a reasonable fee should be charged to the subject of the limited criminal history. I.C. 10-13-4-12(a) authorizes certain persons to receive a juvenile history for a reasonable fee. The amount that can be charged for public records requests is set at the amount of copy costs by I.C. 5-14-3, these low limits do not apply to all requests for documents. For non-public record documents, we may charge the actual processing costs. For example, this would apply to documents requested by court subpoenas. There is no obligation to mail materials requested for public records. However, we frequently have requests for such documents, particularly from people who live out of town. Such persons might be willing to pay for this service, and of course payment would have to made in advance. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH ~ ~I JEFFREY M. JANKOWSKI JOHN R LIVINGSTON ROBERT C. ROSENFELD JOHN E. BRODEN (L/1 I.C. 35-47-2-3 authorizes a $10.00 fee, but prescribes that $5.00 should be returned if the handgun license is not approved. Approximately eight years ago the South Bend Fire Department made an investment in materials to conduct the Certified Personnel Agility Test (CPAT) as part of the selection process for firefighters. Other departments have elected to use South Bend's equipment rather than make the investment themselves. Some departments prefer that the South Bend Fire Department do the training and testing, while others prefer to do it themselves. The charges suggested reflect all possibilities. I will be making the presentation at the meeting. Your consideration for these changes is appreciated and approval urged. Very truly yours, Thomas L. Bodnar Assistant City Attorney TLB/cw ~ii~d In C-erk'S 0#fice a~~rt v€a~~c~