DATE:

 

07/15/02

SUBJECT: FINAL READING ORDINANCE NO. 2002-O-153

Amending the Laredo Code of Ordinances, Chapter 2, Administration, Article I, In General, Section 2-3. Fees for City Services, Subsection (b)  increasing the fee for certified birth certificates from $11.00 to $13.00 to include an administrative fee; providing for severability; and providing for an effective date of publication.

INITIATED BY:                        STAFF SOURCE:               

Cynthia Collazo                                                               Hector F. Gonzalez                               

Asst.  City Manager                                                         Health Director                                        

PREVIOUS COUNCIL ACTION: On  July 1, 2002, Council held public hearing introducing ordinance and instructed staff to proceed with final reading.

BACKGROUND:

 

The City of Laredo Health Department’s Vital Statistics Division maintains important and vital birth and death registration in this district both for vital statistics and public health data.   During 2001, this division registered 6,255 births and issued 18,861 certified birth certificates; registered 1048 deaths and issued 5,964 certified death certificates.  A fee of $11.00 is charged for each birth certificate and of the $11.00, $1.80 is reimbursed to the Texas Comptrollers Office.  The balance remaining of $9.20 generates revenues of $173,521 for the City of Laredo. 

 

The Director of the City of Laredo Health Department is recommending that the fee of $11.00 for a certified birth certificate be increased to $13.00 to include an administrative fee of $2.00.  Each certified birth certificate takes a staff member approximately 10 minutes to produce.  However, the counseling, verification, authentication and duplication is a meticulous and time consuming effort that requires extreme error-free detail.   Hence, a $2.00 increase in fee is appropriate at this time to assist with operational costs and since no fee increase has been introduced since 1997.  This increase will provide the city additional revenues of $37,722 to enhance our public health and vital statistics services. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FINANCIAL: The City of Laredo will receive additional funds in the amount of $37,722 from the implementation of the increased fee. 

RECOMMENDATION:

STAFF: Recommends that Council approve ordinance.

 

 

 

 

ORDINANCE     NO. 2002-O-153

 

AMENDING THE LAREDO CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE I, IN GENERAL, SECTION 2-3. FEES FOR CITY SERVICES, SUBSECTION (B) INCREASING THE FEE FOR CERTIFIED BIRTH CERTIFICATES FROM $11.00 TO $13.00 TO INCLUDE A $2.00 ADMINISTRATIVE FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

 

            WHEREAS,   the City of Laredo Health Department’s Vital Statistics Division maintains important and vital birth and death registration in this district both for vital statistics and public health data; and  

 

 WHEREAS,   during 2001, this division registered 6,255 births and issued 18,861 certified birth certificates; registered 1048 deaths and issued 5,964 certified death certificates; and

 

WHEREAS ,  a fee of $11.00 is charged for each birth certificate and of the $11.00, $1.80 is reimbursed to the Texas Comptrollers Office.  The balance remaining of $9.20 generates revenues of $173,521 for the City of Laredo; and

 

WHEREAS,  the Director of the City of Laredo Health Department is recommending that the fee of $11.00 for a certified birth certificate be increased to $13.00 to include an administrative fee of $2.00.  Furthermore, each certified birth certificate takes a staff member approximately 10 minutes to produce.  However, the counseling, verification, authentication and duplication is a meticulous and time consuming effort that requires extreme error-free detail; and

 

WHEREAS,  hence, a $2.00 increase in fee is appropriate at this time to assist with operational costs and since no fee increase has been introduced since1997.  This increase will provide the city additional revenues of $37,722 to enhance our public health and vital statistics services; and 

 

WHEREAS,  a public hearing on this issue is being held pursuant to the requirements of Section 6.10(B) of the City Charter; and

 

            WHEREAS,  City Council finds that said amendment to the ordinance is necessary and appropriate at this time.

           

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

 

Section 1:         Amendment

The City of Laredo Code of Ordinances is amended as follows:

 

0Chapter 2

ADMINISTRATION

ARTICLE 1.  IN GENERAL

 

1Sec. 2-3.  Fees for city services

 

(a)                Municipal Court Documents.

(1)   Authorized.

A fee for providing copies of municipal court documents is hereby authorized to be collected by the municipal court.

 

(2)   Amount.

A two dollar ($2.00) fee will be charged for making copies of municipal court documents involved in any case.

 

(3)   Use of fees collected.

All fees collected for making copies of municipal court documents shall be used exclusively for purchase of copy supplies and maintenance of the copy operation

           

(b)               Health Department.

The Health Department is hereby authorized to charge the following fees in relation to the Health Department’s function as local registrar of births and deaths.

 

                        DESCRIPTION                                                           CHARGE

(1)        Certified copy of birth certificate, any size                      $          11.00  13.00

a.                                                                   $11.00 for Certified copy of birth certificate

b.                  $2.00 for administrative fee

(2)        Certified copy of death certificate, first copy                  $            9.00

(3)        Certified copy of death certificate, additional copy         $            3.00

(4)        Search of birth or death records for genealogy   $            9.00

(5)        Search of birth or death records, where copy

            is not found                                                                   $            9.00

(6)        Plastic Covers                                                  $            1.00

(7)        Postage, certified mail - return receipt

requested – U.S.                                                          $  PREVAILING RATE

(8)               Postage, certified mail – return receipt

Requested – Outside of the U.S.

0Or Priority and Express mail                                                $  PRAVAILING RATE

(9)               Certified copy of birth certificate, any size,

non-Laredo/Webb County but within the

State of Texas                                                              $          12.83

(10)      Copy of EMS Activity Report Record              $          25.00

 

 

(c)                City Secretary’s Office.

The City Secretary’s Office is hereby authorized to charge the following fees in relation to the city secretary’s function as custodian of official records or proceedings of the City Council.

 

(1)        City Charter                                                                 $            5.00

(2)        Code of Ordinances (complete)                                    $          50.00

(3)        Code of Ordinances (update only)                                $          25.00

(4)        Certification, other documents                           $            1.00

(5)        Copies of documents (other governmental)                    $          15.00

(6)               Verbatim transcript of minutes of any meetings;

1Charge to be arranged between the requesting

Party and the city secretary on an hourly basis.

 

(d)               Charges of Copies of Public Information, except as provided elsewhere herein:

(1)               Definitions

(a)        Actual labor charges shall mean the personal costs associated with taking requests, locating documents and reproducing the requested information and shall be computed by multiplying the amounts of time actually spent on these activities times the salary rate of the employee performing these activities.

 

(b)               Nonstandard-size copy shall mean, if available, a copy of public information that is made available to a requestor in any formal other than a standard-size paper copy.  Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, and non-standard-size paper copies are examples of “non-standard-size copies”.

 

(c)        Programming shall mean the process of producing a sequence of coded instructions that can be executed by a computer.

(d)        Readily available information shall mean information that already exists in printed form, or information that is stored electronically and is ready to be printed or copied without requiring programming, or information that already exists on microfiche or microfilm.  Information that requires a substantial amount of time to locate or prepare for release, being that it is located more than one (1) building or a remote storage facility is not “readily available information”.

(e)        Standard-size copy shall mean a printed impression on one (1) side of a piece of paper that measures up to eight and one-half (8 ½) by fourteen (14) inches.  Each side of a piece of paper on which an impression is made is counted as a single copy.  A piece of paper that is printed on both sides is counted as two (2) copies.

(2)   For open records requested by members of the public, the following char-         ges shall be made:

(a)        For fifty (50) pages or less of readily available information, the charge shall be ten cents  ($0.10) per page for standard-size copies or the cost of non-standard-size copies (if applicable) shown in d. (d) below.

(b)        For more than fifty (50) pages of readily available information, the charge shall be eighty-five cents ($0.85) for the first page and fifteen cents ($0.15) for each additional page for standard-size copies or the cost of non-standard-size copies (if applicable) shown in d.  (d) below.

(c)        For any quantity of information which is not readily available, the actual charge shall be the combined components of seventy-five cents ($0.75) for the first page and fifteen cents ($0.15) for each additional page thereafter for standard-size copies or the cost of non-standard-size copies (if applicable) shown in d. (d) below plus actual labor costs incurred in providing the requested information. 

           

(d)        The charges for non-standard-size copies (if available) are as follows:

(1)               Diskette ………………………………..  $1.00 each

(2)               VHS video cassette …………………..           $2.50 each

(3)               Audio cassette ………………………..           $1.00 each

(4)               Non-standard paper copy …………..  $0.50 each

 

                  The actual cost of postage and shipping may be charges (if applicable) on any amount of copies requested.

 

(e)        Fax charges may be charged (if applicable) on any amount of copies requested as follows:

                              (1)        Local …………………………………..         $0.10 per page

                              (2)        Long distance, same area code ……    $0.50 per page

(3)        Long distance, different area.   

                                          code …………………………………..          $1.00 per page

 

(f)         The actual cost of miscellaneous supplies, such as labels, boxes and other supplies used to produce the requested information may be added to the total charge for public information.

 

(3)  An officer for public information or the officer’s agent may require a deposit for payment of anticipated costs for the preparation of a copy of public information if the charge is estimated to exceed one-hundred dollars ($100.00).

 

(4)  A charge may not be imposed for making available for inspection and not a copy of any public information that exists in a paper record except that if a requested page contains confidential information that must be edited from the record before the information can be made available.  Then the charge of ten cents ($0.10) per page for the cost of the copy from which the information must be edited shall be made.

 

Section 2.  Severability

If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or for any reason unenforceable, the validity of the remaining portion of this ordinance or its application to other person or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Laredo in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity, and all provisions are declared severable for that purpose.

 

Section 3.  Effective Date

This ordinance shall become effective upon its passage and following the date of publication required pursuant to Section 2.09 of the City Charter.

 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

 

ON THIS _________________ DAY OF ________________________, 2002.

 

 

 

 

_______________________

ELIZABETH G. FLORES

MAYOR

 

 

ATTEST:                                                                   

 

_______________________             

GUSTAVO GUEVARA, JR.                        

2CITY SECRETARY                                        

 

 

APPROVED AS TO FORM:

 

________________________

JAIME FLORES

3CITY ATTORNEY