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HomeMy WebLinkAboutItem 07 - Municipal Court RecordsITEM. 7 EMMENNNEMWAlft MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: FEBRUARY 5, 2002 SUBJECT: CHARGES FOR COPIES OF MUNICIPAL COURT RECORDS RECOMMENDATION: Consider an ordinance setting charges for providing copies of Municipal Court records to be in compliance with the Texas Public Information Act, Section 552.266. BACKGROUND: The Texas Public Information Act (the Act), Texas Government Code, Chapter 552, gives citizens the right to request access to public records. Section 552.266 of the Act provides that charges for copies made by a Municipal Court clerk shall be provided by municipal ordinance. In the past, the City's Code of Ordinances, Chapter 2, Article IV provided for charges of copies of Municipal Court record copies as follows: Any certification with seal....$1.00 Copies for general public (uncertified) ... $0.10/page Copies for all attorneys ... $0.10/page Law enforcement personnel Copies ... free Certifications ... free Copies for defendants... free Complaint and disposition of citation, copies (uncertified) ... free As the City is mandated to comply with the Act, Staff recommends approval of the attached ordinance that provides charges for copies of Municipal Court records as shown above. LH January 29, 2002 (10:27AM) ORDINANCE NO. AN ORDINANCE OF THE GRAPEVINE CITY COUNCIL SETTING CHARGES FOR PROVIDING COPIES OF MUNICIPAL COURT RECORDS TO BE IN COMPLIANCE WITH THE TEXAS PUBLIC INFORMATION ACT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine (the "City") is mandated by State law to comply with the Texas Public Information Act (the "Act"), Texas Government Code, Chapter 552, for public access to governmental records; and WHEREAS, Grapevine's Municipal Court of Record desires to be in compliance with the Act relative to charges for copies made by a municipal court clerk; and WHEREAS, upon approval of the City Council, charges for providing copies of Municipal Court Records shall be established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein for all purposes. Section 2. That Grapevine Municipal Court shall be in compliance with the Texas Public Information Act to provide access to and copy charges for municipal court records. Section 3. That the charge for copies of municipal court records shall be as follows: Any certification with seal .... $1.00 Copies for general public (uncertified) ... $0. 1 0/page Copies for all attorneys ... $0.1 0/page Law enforcement personnel Copies ... free Certifications... free Copies for defendants... free Complaint and disposition of citation, copies (uncertified) ... free Section 4. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of February, 2002. ATTEST: RES. NO. 2