(A) There shall be and there is hereby established the following fee schedule for charges to be made by the city for services described herein.
(1) Any data which is contained in four or less contiguous land sections per request shall be sold on a time and material basis. The fee for such data shall include the following for each data request.
(a) An initial charge of $5 per request as the minimum contribution toward the city’s cost of hardware, software, collection and maintenance of the electronic stored data.
(b) A charge of $25 per hour to partially compensate the city for labor costs, including benefits, and overhead costs for storing and maintaining the data, rounded to the nearest quarter hour.
(c) A $1 charge of the direct cost to the city, whichever is greater, per floppy disk.
(d) A $7 or the direct cost to the city, whichever is greater, per blank CD.
(e) The city’s direct cost, rounded to he next highest full dollar for any other medium.
(2) Electronic data reproduced on laser, ink jet printing, or any other copies shall be sold as follows:
(a) For 8½ by 11, $.50 per sheet per side.
(b) For 8½ by 14, $.50 per sheet per side.
(3) The following shall be charged for inkjet plotter costs. These charges will be based on the width of the stock paper available at the department times the length used, and not the size of the original:
(a) For film, $3 per square foot.
(b) For heavy coated bond, $.90 per square foot.
(c) Regular bond, $.50 per square foot.
(4) Nothing herein shall be construed to require any employee of the city to provide information contained on or within a public document of an agency or department by telephone. Department heads and elected officials may, but are not required to take requests for documents by phone.
(5) Payment for information under this section shall be made at the time of delivery. However, an office may agree to invoice a person for the charge if that person or company has promptly paid invoices in the past. Any person, or their designee, requesting data shall be liable for the total charges for the request. Any person, or their designee, who fails to pay the charges shall be liable for the charges, plus interest, attorney’s fees, and costs of collection.
(6) Nothing herein shall compel any office to charge a fee for copies if the fee imposed by this section is contrary to state law. In the event the fees in this section are contrary to any charges established by state statute, the state statute shall apply.
(7) Pursuant to the provisions of I.C. 5-14-3-3(e), no person other than those authorized by the city may reproduce, store, grant access, deliver, or sell any information obtained from any department or office of the city to any other person, partnership, or corporation. In addition, any person who receives information from the city shall not be permitted to use any mailing lists, addresses, or databases for the purpose of selling, advertising or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person.
(8) A copy of division (7) above shall be conspicuously posted in all offices where electronic data is sold and the restriction contained in division (7) above shall be offered to any persons who obtain copies of any public information from the city.
(9) Any person who violates the terms and conditions of this section by failing to pay or violating division (7) above, shall be guilty of an infraction and may be fined. In the event there is a violation of division (7) above, each violation shall be deemed a separate offense.
(10) Any person or unit of government who has a dispute, or seeks relief from the terms of this section may seek resolution of that dispute or relief from the Board of Public Works and Safety of the city. The Board of Public Works and Safety may grant such relief as is reasonable following consideration of recommendations of the Director of the Plan Department who functions as the city’s GIS Manager.
(B) Pursuant to I.C. 5-14-3-8.5, the City Common Council hereby establishes the non-reverting Electronic Map Generation Fund to consist of fees collected pursuant to this section as provided under I.C. 5-14-3-8(j). Said funds may be expended by the Board of Public Works and Safety for the purposes of the maintenance, upgrading and enhancement of the electronic map, and the reimbursement of expenses incurred by the city in supplying an electronic map in the form requested by a purchaser.
(Ord. 12-2002, passed 6-11-02) Penalty, see § 10.99