§ 2-364. Recorded documents  


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  • (a) Bulk recorded documents. Attorneys, title companies, mortgage lenders, investors, data miners and other persons and entities with a substantial interest in accessing and using large segments of the recorded documents available through the city's computer systems have made extensive use of these systems for the purpose of gathering and utilizing the information for various profitable purposes and sometimes for the purpose of generating new electronic data based on this information and making this new data available for sale or other profitable uses. The clerk is authorized to set, adopt and collect fees for electronic records services for bulk recorded documents. Permits issued and regulated by the clerk, in accordance with the requirements and criteria adopted by the clerk and subject to technical requirements, shall refer to and incorporate the terms and conditions set forth in subsections 2-365(b) and (c).

    (b) E-recordings. The process for accepting filings and recording recorded documents are set forth in part 4 of article 10 of title 30 of the Colorado Revised Statutes, with specific authorization for the clerk and recorder to accept electronic filings for recording set forth in C.R.S. § 30-10-405.5 (collectively the "recording process"). The clerk and technology services have established a computer system and methodology for performing electronic recordings that comports with the prescribed recording process ("e-recording"). Certain private entities and individuals wish to access and utilize e-recording available through the clerk ("e-recording users"). Subject to:

    (1) The e-recording users acceding to and complying with any permit required and rules adopted by the clerk;

    (2) Complying with, and requiring their customers to comply with, the recording process; and

    (3) Paying on a daily basis the prescribed statutory fees for the recording process and providing such accountings and payment reports as the clerk deems appropriate, the clerk may elect to provide e-recording services to e-recording users.

    The clerk is authorized to set, adopt and collect fees for electronic records services for e-recording. Permits or authorizations, in accordance with the requirements and criteria adopted by the clerk and subject to technical requirements, shall refer to and incorporate the terms and conditions set forth in subsections 2-365(b) and (d).

(Ord. No. 258-12, § 1, 5-14-12)