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Ordinance 30110006.110.079 PAO /mis /are 01/12/95 R: 2/22/95 ORDINANCE NO. 3011 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING CHAPTER 1.20 TO THE EDMONDS CITY CODE TO ESTABLISH PROCEDURES FOR PUBLIC DISCLOSURE REQUESTS OF PUBLIC RECORDS AND SETTING CHARGES FOR COPIES OF PUBLIC RECORDS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW Chapter 42.17 requires cities to allow the public to inspect and copy public records; and WHEREAS, cities are permitted to charge reasonable fees for such copies; and WHEREAS, the City Council wishes to set copy charges by resolution; and WHEREAS, the City currently has no set charges for certification of records or transcription of meeting tapes and the Council wishes to adopt a schedule of charges for said services by resolution, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 1.20 is added to the Edmonds City Code entitled Copies, Certifications and Transcriptions of City Records, as follows: 91969.1 1.20 COPIES, CERTIFICATIONS AND TRANSCRIPTIONS OF CITY RECORDS 1.20.010 Form for Request. All persons except for City elected officials and City appointed officers or employees desiring to inspect or receive a copy of any public record of the City must Be make their request to the City Clerk or a designee of the City Clerk on forms specified by the City Clerk. The City Clerk may waive this requirement for governmental agencies requesting courtesy copies of city records for purposes that are nonadversarial to the City. 1.20.020 Response or Denial of Request. Responses to requests for public records shall be made promptly and pursuant to guidelines established in RCW 42.17. Within five (5) business days of receiving a written public record request, the City must respond by either: 1. Providing the record; 2. Acknowledging that the City has received the request and providing a reasonable estimate of the time the City will require to respond to. the request; or 3. Deny the public record request. Denials must be accompanied by a written statement of specific reasons therefore. Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information request, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. The City may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the City need not respond to it. 1.20.030 Certain Personnel and Other Records Exempt. The City adopts by reference RCW 42.17.310 as now or hereafter amended which provides a list of all records exempt from public disclosure. 1.20.040 Copying _Fees. No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the City Clerk shall pay to the City Clerk or a designee of the City Clerk a photocopying charge. Payment for the cost of reproduction of all public records shall be made at the time the request for public records is submitted. If there is uncertainty as to the amount required, the amount tendered shall based upon the rates and charges adopted by the City Council 91969.1 -2- pursuant to this chapter. If the actual amount of the cost of reproduction exceeds the amount tendered, the balance shall be paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual costs, the balance shall be refunded by the City within a reasonable amount of time. Except as specifically provided herein, there shall be no refunds. ' The charges for photocopying shall be established by the City Clerk and approved by resolution of the City Council. Nothing herein shall be construed to apply to charges for accident reports pursuant to RCW 46.52.085. Copying fees shall not be charged to elected officials, appointed officers or employees of the City or for reasonable amounts of courtesy copies for other governmental agencies for purposes that are nonadversarial to the City. 1.20.050 Transcriptions. The following procedures shall apply unless inconsistent with an order of the Snohomish County Superior Court: A. When the City is required to prepare a verbatim written transcript of any proceeding of the City in response to a writ of review or other action filed in the Superior Court or any other state or federal court, the cost of preparing the same shall be born by the party filing the action pursuant to rates and charges as proposed by the City Clerk and approved by the City Council. The party filing such action shall pay to the City Clerk the estimated costs, as determined by the City Clerk, of the preparation of the transcript based on the aforementioned rates and charges, including copying costs and the City Clerk shall thereafter have the transcript prepared. B. Should the actual cost incurred by the City in the preparation of the transcript exceed the amount deposited with the City Clerk, the party making such deposit shall be required to reimburse the City for such additional amount within ten (10) days of notification that such amount is due or prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the City be less than the estimated cost deposited, such credit due shall be reimbursed by the City to the party making the deposit. 91%9.1 -3- 1.20.060 Certification Fees. The City Clerk shall establish fees for the certification of public records and such fees shall be approved by resolution by the City Council. The City Clerk shall determine the manner in which, as consistent with applicable law, records and groups of records are to be certified. 1.20.070 Modifications to Fees and Charges. All fees and charges identified in this Chapter may be modified by the City Clerk as approved by resolution of the City Council from time to time as deemed necessary by the City Clerk to reflect increases in the costs of providing the services identified in this Chapter. All fees and charges established pursuant to this Chapter shall reflect the actual costs of the services provided. Section 2. Severbility. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: "q"Jr ; 6. ATTEST /AUTHENTICATED: 91969.1 -4- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY �, ) FILED WITH THE CITY C1 PASSED BY THE CITY CO PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3011 F• 2/22/95 aIL: 2/28/95 3/5/95 3/10/95 91969.1 'S' SUMMARY OF ORDINANCE NO. 3011 of the City of Edmonds, Washington On the28th day of February, 1995 , the City Council of the City of Edmonds, passed Ordinance No. 3011 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING CHAPTER 1.20 TO THE EDMONDS CITY CODE TO ESTABLISH PROCEDURES FOR PUBLIC DISCLOSURE REQUESTS OF PUBLIC RECORDS AND SETTING CHARGES FOR COPIES OF PUBLIC RECORDS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 28th day of _ February , 199 5 C Y CLERK, ONDA J. MARCH STATE OF WASHINGTON, COUNTY OF SNOHOlVj'.ISH, SUMMARY OF ORDINANCE NO. 3011 of the City of Edmonds, Washington On the 28th day of February, -1995, the City Council of the City of - Edmonds„ passed Ordinance No. 3011. A sum- mary of the content of said nrdina nee. c6nsistino of the y The full tezl of this Ordinance will be of upon request. DATED this 28th day of Feb ruaryy 1995. RHONDA J. MARCH City Clerk . Published: March 5, 1995. 8 -2 -1 ss, Affidavit of Publication MAR 1 0 113005 EDIVIONDS3 CITY CLERK, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... ._._.Summary, of...Or.dinance No. 3011 ........................................................... ............................... City of.Edmonds ............................................................................... ............................... ....................... ....................................................................................................... ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: M.a.r.. .,.h...54- 1995 .................. .. ................ I ..................... .................................... ....................................................................................................... ............................... and that new paper was regularly distributed to 'ts ubscribers dur' of sai pe iod. 1 5 :................................. ...................... ......... .---- ...... Principal Clerk Subscribed and sworn to before me this....... 6th.. dayf ................ March.................... ..................1 19..95.. ......................� ... J ..... .. 6... Notary Public in and for the ate of Washington, residing at Everett, Snohom' Co ty. 0 �St4N EAe �.4� Nt)T` .qj- T , 8 UG 2 �dF •iiUASN�N/