HomeMy WebLinkAboutEstablishing a new article 18 of Chapter 2 to set fees for Public RecordsORDINANCE No.
9092-00
Passed by the Common Cottncil of the Ciry of South Bend, Indiana
February 28,
Attest:
Attest:
00
20
Presented by me to the ll~layor of the City of Sorttlr Bend, Indiana
March 1. 20 00
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me March 2 20 00
t ~ - Mayor
ORDINANCE NO. 1 ~ ~~-~ ~ ~
SUBSTITUTE ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND ESTABLISHING A NEW ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND
MUNICIPAL CODE TO SET FEES FOR PUBLIC RECORDS
STATEMENT OF PURPOSE AND INTENT
Indiana law at I.C. 5-14-3-8 authorizes municipalities to establish a uniform fee schedule for
producing copies of records, documents, computer tape, discs, maps and similar tangible or
electronic information, and I.C. 5-14-3-8 further provides that such fees may be made payable in
advance of copying. Because the uniform application of charges for the production of records and
other documents would allow the City to recover its actual costs of providing public access to
information, it is in the best interest of the City to adopt the following fee schedule applicable
throughout all departments and branches of the City and uniform to all purchasers.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South
Bend as follows:
Section I.
Anew Article 18 is hereby added to Chapter 2 of the Municipal Code of the City of South
Bend, which shall read in its entirety as follows:
Article 18. Charles for Reports and Services.
Section 2-210(a). The following reasonable fees are established, to be paid by the requesting
party not later than the time of delivery of these services or 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. $3.00
3. Police Summary Report (a form of report which
does not exist as a record prior to public request) $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.
6. Photographs:
a. Those reproduced by the City of South Bend
from its negatives.
b. Enlargement of Polaroid or reproductions requiring
Outside resources.
7. Copies of Fingerprints.
8. Arson Reports.
9. Blueprints.
10. Videotapes.
11. Computer Discs.
$10.00 per tape
$1.00
$2.00
(plus outside cost)
$3.00
$25.00
$6.00 per page
$10.00 per tape
$3.00 per disc
12. Maps $1.00 per
square foot of
paper
13. Fire/EMS Report $3.00
Section 2-210(b). Where documents in any one 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.
Section 2-210(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 $2.00 charge for the certification in
addition to the charges, if any, set forth in the above Section I.
Section 2-210(d). Any fees collected pursuant to this section by the South Bend Police
Department shall be deposited into the South Bend Regional Police Academy fund for training
supplies and equipment as further addressed in § 2-165 of the South Bend Municipal Code.
Section 2-210(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 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, approved by the Mayor and legal publication within the effective date
January 1, 1999.
\\ ' 1
Member, South Bend co' n Council
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GITY CLERK. sta. e~P.a7, Eqa.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
19-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND ESTABLISHING A NEW ARTICLE 18 OF CHAPTER 2 OF
THE SOUTH BEND MUNICIPAL CODE TO SET FEES FOR
PUBLIC RECORDS
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, as amended. Add number
thirteen (13.) Fire/EMS report - $3.00. Add Section 2-210(d) Any fees collected pursuant to this
section by the South Bend Police Department shall be deposited into the South Bend Regional
Police Academy fund for training supplies and equipment as further addressed in § 2-165 of the
South Bend Municipal Code. Add Section 2-210(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 repairs as
further addressed in § 9-17 of the South Bend Municipal Code.
Andrew Udjak
Chairman
14~~ COUNTY-CITY BUILDING
$QUTH BEND, INDIANA 46601-1H3O
PHONE 219/235-9241
FAx 219/235-9892
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN,]. LUECKE~ MAYOR
DEPARTMENT OF LAW
,JOHN E. BRODEN
CITY ATTORNEY February 8, 2000
Ms. Charlotte Pfeifer, President
South Bend Common Council
Fourth Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Establishing and Fixing Fees for Public Records
Dear Ms. Pfeifer:
ALADEAN M. DEROSE
CHIEF ASSISTANT CITY ATTORNEY
Attached for consideration by the South Bend Common Council is an ordinance
establishing and fixing rates for costs incurred by the City of South Bend to provide City records
to the public.
A City may recoup its actual costs for reproducing or providing public records per the
authority of I.C. 5-14-3-8. The rates set forth in this Ordinance represent the City's actual costs
and they have been reviewed and informally approved by the Indiana Public Access Counselor.
Because the City receives requests for public records on a daily basis, many of which involve
dozens and more pages, this Ordinance is in the City's best fiscal interest.
I hope the Council will favorably consider this Ordinance. Thank you.
Sincerely,
,--- ~_
f~,,
/,
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
Filed in Clerk's C~~fi~~
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FEB 0 8 ~00~
LOALTiA J. DUDSi
THOMAS L. BODNAR BRIAN W. STEINKE MICHELLE L. ENGEL
JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL NASH