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Resolution 8510006.110.079 RJM /bj s 07/02/96 RESOLUTION NO. 851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, SETTING CHARGES AND FEES FOR THE PHOTOCOPYING AND TRANSCRIPTION OF PUBLIC RECORDS. WHEREAS, the City of Edmonds has adopted an ordinance which requires the City Clerk to set fees and charges for the provision of photocopies and transcriptions of public records, and, WHEREAS, RCW` 42.17.300 and 42.260(7) & (8) permit agencies such as cities to impose a reasonable charge for providing photocopies of public records so long as the charge shall not exceed Fifteen Cents ($0.15) per page, and, WHEREAS, 1996 Laws, Ch. 63, § 1 & 2 amended Chapters 82.08 and 82.12 in such a manner that state and local agencies, including cities, may no longer charge sales tax for copies of public records which are copied by the agency pursuant to a public records request under Chapter 42.17 RCW, and, WHEREAS, the City Clerk has prepared a schedule of fees that relates photocopying costs, reproduction costs, and transcription costs to the fees charged to the public, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: RJM136590/0006.110.079 -1- Section 1. The "public records index and fees schedule ", attached as Exhibit A hereto and incorporated herein by this reference as if set full and forth, is hereby adopted as the official schedule of fees and charges for photocopying and transcription cost of public records for the City of Edmonds. RESOLVED this 20thday of August , 1996. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 08/16/96 PASSED BY THE CITY COUNCIL:- 08/20/96 RESOLUTION NO. 851 RJM136590/0006.110.079 -2- EXHIBIT "A" CITY OF EDMONDS PUBLIC RECORDS INDEX AND FEE SCHEDULE Updates to this index will be made as new documents become available. Any records not identified in this index will be charged on a cost basis. Copies, standard or legal size All Departments 15 cents per page (First 5 pages free) Business License List City Clerk $5.00 per report Certification Charge (Blanket) City Clerk $3.00 /blanket Certification Charge City Clerk $3.00 /per page Transcriptions City Clerk $20.00 min. per hour labor Citizen /Immigration Letters Mayor No charge Cemetery Deeds Parks & Recreation 1 free copy Land Use Files Land Use Files Relating to Subdivisions, Planning Cost per copy Conditional Use Permits, Variances, et al (See Note 2) Code Books Community Development Code Book Planning and /or $40.00 Code Publishing Co. Community Development Code Updates Code Publishing Co. to be determined City Code Book Code Publishing Co. $75.00 City Code Updates Code Publishing Co. to be determined Comprehensive Plans City Comprehensive Plan Planning See Notes 1 and 2 Comprehensive Park, Recreation & Open Space Parks & Recreation See Notes 1 and 2 Plan Public Records Index and Fee Schedule Page 2 August 20, 1996 Pine Ridge Park Master Plan Bikeway/Walkway Plan Maps Aerial Aerial Base Map Including Overlays Aerial, Reproducible (Mylar) Land Use Map Miscellaneous Maps (includes plat maps, as- built prints and quarter section maps) 18" x 24" 22" x 34" 24" x 36" 30" x 30" 32" x 42" 34" x 44" Reports, Misc. . . Accident Reports /Case Reports Incident Reports Incident Photographs "Old" Run /Map Books Photographs Fingerprints Budget & Financial Reports Annual Budget Book Comprehensive Annual Financial Report Computer printout Parks & Recreation Parks & Recreation Engineering Engineering Engineering Planning Planning & Engineering See Notes 1 and 2 See Notes 1 and 2 $5.00 /per sheet $5.00 /per sheet $5.00 /per sheet $5.00 /per sheet $2.00 /per sheet $2.00 /per sheet $5.00 /per sheet $5.00 /per sheet $5.00 /per sheet $5.00 /per sheet Police $3.00 /per report Fire $3.00 /per report Fire Reimburse actual cost Fire $10.00 /per set Police $1.00 /per print Police $5.00 /ea. two cards Admin. Services Admin. Services Admin. Services None None 25 cents per sheet Public Records Index and Fee Schedule Page 3 August 20, 1996 Magnetic Media Duplication of public meeting tapes Duplication of court proceedings NOTES: City Clerk Municipal Court $10.00 for audio duplication, per hour min. of equipment use, plus materials $10.00 for audio duplication, per hour min. of equipment use, plus materials Note 1: Copies are available for review. No copies maintained for sale. Copies may be loaned for copying elsewhere, or charged at the per page cost. Note 2: If it is determined that staff salaries, benefits, or overhead charges would cause the per copy charge to be higher than $.15 per page, a statement detailing the actual cost will be prepared. The statement will include the factors and manner used to determine the actual per page copying cost or other allowable costs (per RCW 42.17.260 and .300). RCW 42.17.260 Documents and indexes to be made public. >> CITESEARCH << 4217260 (1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (6) of this section, RCW >> 42.17.310 <<, >> 42.17.315 <<, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by RCW >> 42.17.310 << and >> 42.17.315 <<, an agency shall delete identifying details in a manner consistent with RCW >> 42.17.310 << and >> 42.17.315 << when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing. (2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption. (3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973: (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency; (c) Administrative staff manuals and instructions to staff that affect a member of the public; (d) Planning policies and goals, and interim and final planning decisions; (e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and (f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party. (4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event: (a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and (b) Make available for public inspection and copying all indexes maintained for agency use. (5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records: (a) All records issued before July 1, 1990, for which the agency has maintained an index; (b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW >> 34.05.010 <<(1) and that contain an analysis or decision of substantial importance to the agency in carrying out its duties; (c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW >> 34.05.240 << and that contain an analysis or decision of substantial importance to the agency in carrying out its duties; (d) Interpretive statements as defined in RCW >> 34.05.010 <<(8) that were entered after June 30, 1990; and (e) Policy statements as defined in RCW >> 34.05.010 <<(14) that were entered after June 30, 1990. Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes. (6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if- (a) It has been indexed in an index available to the public; or (b) Parties affected have timely notice (actual or constructive) of the terms thereof. (7) Each agency shall establish, maintain, and make available for public inspection and copying a statement of the actual per page cost or other costs, if any, that it charges for providing photocopies of public records and a statement of the factors and manner used to determine the actual per page cost or other costs, if any. (a) In determining the actual per page cost for providing photocopies of public records, an agency may include all costs directly incident to copying such public records including the actual cost of the paper and the per page cost for use of agency copying equipment. In determining other actual costs for providing photocopies of public records, an agency may include all costs directly incident to shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used. (b) In determining the actual per page cost or other costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records. Staff time to copy and mail the requested public records may be included in an agency's costs. (8) An agency need not calculate the actual per page cost or other costs it charges for providing photocopies of public records if to do so would be unduly burdensome, but in that event: The agency may not charge in excess of fifteen cents per page for photocopies of public records or for the use of agency equipment to photocopy public records and the actual postage or delivery charge and the cost of any container or envelope used to mail the public records to the requestor. (9) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter >> 34.05 << RCW, the Administrative Procedure Act. [1995 c 397 § 11; 1995 c 341 5 1; 1992 c 139 § 3; 1989 c 175 § 36; 1987 c 403 § 3; 1975 1st ex.s. c 294 § 14; 1973 c 1 § 26 (Initiative Measure No. 276, approved November 7, 1972)-.1 NOTES: Reviser's note: This section was amended by 1995 c 341 § 1 and by 1995 c 397 § 11, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW >> 1.12.025 <<(2). For rule of construction, see RCW >> 1.12.025 <<(1). Effective date - -1989 c 175: See note following RCW >> 34.05.010 <<. Intent -- Severability- -1987 c 403: See notes following RCW >> 42.17.255 <<. Exemption for registered trade names: RCW >> 19.80.065 <<. RCW 42.17.300 Charges for copying. >> CITESEARCH << 4217300 No fee shall be charged for the inspection of public records. No fee shall be charged for locating public documents and making them available for copying. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying. Agency charges for photocopies shall be imposed in accordance with the actual per page cost or other costs established and published by the agency. In no event may an agency charge a per page cost greater than the actual per page cost as established and published by the agency. To the extent the agency has not determined the actual per page cost for photocopies of public records, the agency may not charge in excess of fifteen cents per page. (1995 c 397 § 14; 1995 c 341 § 2; 1973 c 1 § 30 (Initiative Measure No. 276, approved November 7, 1972).] NOTES: Reviser's note:. This section was amended by 1995 c 341 9 2 and by 1995 c 397 9 14, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW >> 1.12.025 <<(2). For rule of construction, see RCW >> 1.12.025 <<(1). BION exage mated for to ection d ac :-mits mm and ' the 'Dart are of a :xten- .nsion en to the _stho- .ifa posed last and _? all 1906-JAWS Ch. 64; §-A 1 TAXATION -SALES AND USE TAX'- EXEMPTION FOR PUBLIC RECORDS - CHAPTER 63 S.S.B. No. 6284 AN ACT Relating to sales and use tax exemptions for public records; adding a new section :to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; . providing an effective date; S and declaring an. emergency. BENT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON. NEW SECTION.: • Sec. 1. A new .section is added t;6'. chapter 82.08. RCW. to read as follows The tax levied by RCW 82. 08.020 shall not apply to the sale of public records by state and . local agencies, as the .terms are defined in RCW 42.17.020,. that are copied under a request for the record for which no fee is charged other, than a statutorily set.fee, or a fee to reimburse "the. agency for its actual costs directly incident to the copying. A request for. a record includes' a request fora document not available to the public but available to those persons who by: °law are allowed access to the - document, "such as requests for fire reports, law . enforcement reports,,takpayer information, and academic transcripts. :. X9W.: §ECTION. . Sec.. 2. ` 1-:new section is added,. to .chapter $2:12 RCW .to. x6, d as follows: ' .:.,The provisions of this .chapter shall_ nob apply with respect to the..use. of.public..records, sold i by state and • local agencies, -'as.: the .terms are defined in RCW .42.17:020, that are obtained under :a request for.the record.for which no fee is charged other. than a• statutorily, set fee_or. a fee to reimburse the.agency for its actual costs directly incident to the copying.: A request for a. record . includes, a request. for. a document not available to the public but available.-to those.:persons who by law are:: allowed -.access to.the..document,'.sgch•.as requests for:.fire i reports; law enforcement reports, taxpayer information, and academic tiranscripts. J NEW: SECTION: Sec. 3.: This act is necessary for the immediate preservation -of:the public peace; 1 health; or safety, or support of the -state government and its existing.. .public, institutions,w and shall take effect April 1,.1996. . Approved March 18, 1996. Effective April 1, 1996. CITIES -MOTOR VEHICLE EXCISE TAXES — DISTRIBUTION CHAPTER 64 S.B. No. 6294 AN ACT Relating to : the distribution of motor vehicle excise taxes to .cities; amending RCW 82.14.210; • and providing an effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:. Sec'. 1. RCW 82.14.210 and 1991 sp.s. c 13 s 16 are each amended'to read as follows: There. is created in the state treasury a special account to be known as the "municipal sales and use tax equalization account." Into this account shall be placed such revenues as' are provided under RCW 82.44.110(1)(e). ' Funds in this account shall 'be allocated by the state treasurer according to the following procedure: Additions ate 'Ind'icate'd 'by underline;• deletions by' strikam 147