87-3940 Open Records Fees1
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(Published in The Salina Journal DC�l/Y w '�l , 1987)
RESOLUTION NUMBER 87-3940
A RESOLUTION ESTABLISHING FEES TO BE CHARGED TO PERSONS
FOR ASSESSING AND/OR COPYING OPEN PUBLIC RECORDS AND REPEALING
RESOLUTION NUMBER 84-3686 AND ALL PREVIOUS RESOLUTIONS, MOTIONS OR
ACTIONS IN CONFLICT THEREWITH.
Kansas:
BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1 . Statement of purpose; Review.
It is the purpose of this resolution to establish reasonable fees and
charges for the provision of access to or copies of open public records in the
possession of the city to avoid the necessity of using general public funds of the
city to subsidize special services and benefits to a record requester. The City
Manager shall periodically recommend to the Governing Body such changes in
this resolution as may be necessary to secure this purpose.
Section 2. 1 nspection fee.
(a) Where request has been made for inspection of any open public
record which is readily available to the record custodian, there shall be no
inspection fee charged to the requester.
(b) In all cases not covered by subsection (a) of this section, a
minimum fee of $2.00 shall be charged for each request. For every minute in
excess of ten spent on each request, an additional twenty-five cents shall be
charged.
Section 3. Copying fee.
(a) A fee of five cents for each page shall be charged for
photocopying public records, such fee to cover the cost of materials and
equipment.
(b) For copying any public records which cannot be reproduced by
the city's photocopying equipment, the requester shall be charged the actual
cost to the city, including staff time, in reproducing such records.
Section 4. Prepayment of fees.
(a) A record custodian may demand prepayment of the fees
established by this resolution whenever he or she believes this to be in the best
interest of the city. The prepayment amount shall be an estimate of the
inspection and/or copying charges accrued in fulfilling the record request. Any
overage or underage in the prepayment shall be settled prior to inspection of the
requested record or delivery of the requested copies.
(b) Prepayment of inspection and/or copying fees shall be required
whenever, in the best estimate of the record custodian, such fees are
established to exceed $10.00.
(c) When prepayment has been demanded by the record custodian, no
record shall be made available to the requester until such prepayment has been
made.
Section 5. Payment.
All fees charged under this resolution shall be paid to the custodian of
the records inspected and/or copied unless the requester has established an
account, for , purposes of billing and payment, with the city. All fees received
shall be paid to the City Treasurer.
Section 6. Administration.
The City Manager is authorized and directed to adopt the necessary
administrative procedures to implement the spirit and intent of this resolution.
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Section 7.
That Resolution Number 84-3686 is hereby repealed.
Section 8. Effective Date
This resolution shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Adopted by the Board of Commissioners and signed by the Mayor this
23rd day of November, 1987.
Stephen C. Ryan, Mayor
[ SEAL]
ATTEST:
Robert K. Biles, City Clerk
Affidavit of Publication
Following is a true and correct copy of
together with proof of publication.of the same.
AFFIDAVIT
Resolution Number 87-3940
1, Jane A. Glenn , being duly
sworn, declare that I am the Advertising Manager of THE
SALINA JOURNAL, a daily newspaper published at Salina,
Saline County, Kansas, and of general circulation in said
county, which newspaper has been continuously and unin-
terruptedly published for five consecutive years prior to first
publication of attached notice, and that the attached
Resolution Number 87-3940
has been correctly published in said newspaper 1
times
the first publication being given
in the issue of December 1,///� -119 87
Subscribed and sworn to before me, this 3
day of Decembberg A.D. 19 87
Notary Public
ROBERT. BILES
NOTARY PUBLIC
STATE OF KANSAS
MY APPT. EXPIRES
(Published In The Salina Journal
December 1, 1987)
RESOLUTION NUMBER 87.3940
,A RESOLUTION ESTABLISHINGtFEES
TO BE CHARGED TO,•PERSONS ,FOR
ASSESSING.AND/OR COPYING OPEN
I PUBLIC. RECORDS' AND REPEALING
RESOLUTION' NUMBER 843686 -AND
ALL PREVIOUS RESOLUTIONS _ MO-
TIONS OR • ACTIONS'. IN CONFLICT•_
THEREWITH:
BE. IT RESOLVED by th'e`Governing,
oBody,ofthe City of Salina, Kansas: -': ,,
r" Section' 1. Statement of, purpose;
IrReview.
r. it is the purpose of this,resolutiori io'
i%esiablish reasonable feesand•chorges,
-.for the provision of access to or copies
Of open public records'fn,the posses
i
Man of the city to avoid the necessity of
using general.public funds of the city to
k!subsidize'special services and benefits
�to record 'requester. The -City Manager
(,shall periodically recommend to the''
tGoverning Body such changes in this
t!resolijtion as may, be .necessary to
°secure this purpose.
Section 2.Inspealonfee.
w (a); Where request has been -mode'
for inspection of'onyopen public record
"which is.readily available to the record'
:custodian, there shall be not inspection.
fee charged to the requester:
(b) in all cases not covered,by sub
tsectibn (a) of this section,.a rriinimum
taee-of,$2.00.shall be charged for.,each
"request. For every minuteinAxcess of
`ten''sPent on each request; an oddi-
M1fional twenfyfive cents . sholl be
charged.- s '
f, section 3. Copying fee: ' I
- (a) A fee of five cents for each�page
shall be charged for photocopying
public records, such fee to:cover the
",cost of materials and equipment.
((b) -For copying any. public records
which cannot be reproduced.by the
(city's photocopyying equipment,. the
"requester shall be charged the -actual
ncost to the city, including staff,time,,in
;;reproducing such records.
Section 4. Prepayment of fees:\^
L' (a) A record custodian may demand.
"prepayment of the fees established by
4this resolution whenever he or. she
!believes this to be in the best interest
Iof the city: The pr amount
shoR be an estimate of the inspection
[and/or .copying charges, accrued, in
k&fulfillirig the—record request. Any
_Soverage or underage,. in the.prepay-
'ment ,shall be: settled prior to In-
,spection of theieequested record < or
"delivery of therequested copies ' "
y (b) Prepayment of inspection and/or
{copying fees shall, be required when -
never, in the best "estimate of:the recordi
Mcustodian,'such fees are established to
�(c) Wh"en " prepayment has: been
demended by the record custodian,.no
irecord shall bemade available to the
�requester,untiI such'prepayment has
'been made.
Section 5.'Payment..
�. All fees charged underthis resolu-
ktion shall be paid to the custodian of
tithe"records—inspected-` and/orrcopied
sunless the.requester.:•has established
tan account, for purposes of billing and,
ipayment with' thepc+tyC'All'fees re-
hall
be po d io Fie'City Treas-
Kurer.l -
Section 6. Administration
The City Manoger"i`s"'authori end and.
directed -to: adopt tfie 'necessary'bd'
ministrative,procedures to implement
the spirit.anci intent of this resolution.
Section 7. That Resolution Number.
84-3686 is hereby' repealed.
Section 8. Effective Date..
This resolution'sholl be`in'fullforce
and effect from and after its adoption
and publicationonce in the official. city,
newspaper;
Adopted by the; Board of Commis-
sioners;:and signed.by theMayor,'this,
23rd day of november; 1987: • ,l is
/s/Stephen C. Ryon:-
Mayor
yan •Mayor
ATTEST:,,
/s/Roberi.K'. Biles,
City Clerk .
(SEAL) ,. ',,y (It)