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