§ 2-362. Definitions.

As used in this article, the following terms and phrases have the meaning indicated unless the context clearly requires a different meaning:

(a)

City means the City and County of Denver, including the clerk and any department or agency responsible for the city's computer systems.

(b)

Clerk means the clerk and recorder for the City and County of Denver as such office is established and authorized under Part 1 of Article VIII of the Denver Charter including the performance of the acts and duties of the clerk and recorder, public trustee and city clerk.

(c)

Electronic or electronically means or pertains to technological systems having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities including, but not limited to, the use of digital imagery, software and/or the internet.

(d)

Electronic records services mean any services that the clerk provides or agrees to participate in which involve electronic records or documents or the electronic processing of records or documents.

(e)

Fees mean such fees and charges as the clerk adopts by schedule that are reasonable and necessary to recover the incremental costs of providing electronic record services or converting paper public trustee documents to electronic records form, along with a reasonable portion of the costs associated with building, maintaining and operating the city's computer system in which public trustee documents and recorded documents are stored, including software licensing and design costs. Fees do not include any fees or surcharges prescribed by state statute or other legal authority which must be paid in addition to any fees assessed under this article.

(f)

Public trustee documents mean those submitted forms, deeds of trust, evidence of indebtedness, affidavits, certificates, notices, records, court orders, deeds, and other documents and papers that the public trustee is required to receive, generate, process or maintain:

(1)

For foreclosures under article 38 of title 38 of the Colorado Revised Statutes; or

(2)

For the release of deeds of trust under part 1 of article 39 of title 38 of the Colorado Revised Statutes.

(g)

Recorded documents mean recorded deeds, deeds of trusts and other instruments and plats affecting real property title that are filed for public record with the clerk acting as clerk and recorder. Recorded documents do not include:

(1)

Documents regarded as confidential under law, including, but not limited to, T1000 declarations as provided in C.R.S. §§ 39-14-101 and 102 and military records protected from disclosure under the Colorado Open Records Act;

(2)

Ordinances, contracts and other city business documents collected and kept by the city clerk in accordance with city ordinances;

(3)

Marriage license applications protected from disclosure under the Colorado open records act; or

(4)

Public trustee documents, unless said they are recorded with the clerk and recorder.

(h)

Technology requirements mean all specifications, requirements and procedures applicable to the city's computer systems.

(Ord. No. 258-12, § 1, 5-14-12)