HomeMy WebLinkAboutItem 06 - Amend Chapter 2 AdministrationMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: FEBRUARY 5, 2002
SUBJECT: AMEND CHAPTER 2 ADMINISTRATION, ARTICLE IV, ACCESS
TO PUBLIC INFORMATION
RECOMMENDATION:
Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 2
Administration by deleting in its entirety Article IV Access to Public Information as the
City is mandated by State Law to comply with the Texas Public Information Act. Staff
recommends waiving the $.10 per page copy charge for less than 50 pages of standard
size paper requests of public information.
BACKGROUND:
The Texas Public Information Act (the Act), Texas Government Code, Chapter 552,
gives citizens the right to request access to governmental records. A person can ask to
view the information, get copies of the information, or both. If a request is for copies of
information, then the governmental body may charge for the copies. All charges
imposed by the governmental body for copies, or for access to information, must comply
with the Texas Building and Procurement Commission (TBPC) rules.
As the City is mandated to comply with the Act and with the charges set by the TBPC,
Staff recommends deleting Article IV Access to Public Information from Chapter 2 of the
City's Code of Ordinances. Staff also recommends waiving the charges for copies of 50
pages or less of information that would provide the ability to mail, or fax, public
information without waiting to receive a nominal check for standard copies. The majority
of the City's public record requests involve less than 10 standard size pages.
The City's policy of requiring a written request for copies, or review, of public information
will remain in effect.
Staff recommends approval.
LH
January 30, 2002 (2:45PM)
0 ORDINANCE NO.
AN ORDINANCE OF THE GRAPEVINE CITY COUNCIL
AMENDING THE GRAPEVINE CODE OF ORDINANCES,
CHAPTER 2 ADMINISTRATION, BY REPEALING ARTICLE
IV ACCESS TO PUBLIC INFORMATION; PROVIDING FOR
COMPLIANCE WITH THE TEXAS BUILDING AND
PROCUREMENT COMMISSION RULES FOR CHARGES
FOR ACCESS TO PUBLIC INFORMATION; WAIVING THE
COST FOR COPIES OF 50 PAGES OR LESS; PROVIDING
A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine (the "City") is mandated by State law to
comply with the Texas Public Information Act (the "Act"), Texas Government Code,
Chapter 552, for public access to governmental records; and
WHEREAS, it is the policy of the City that all persons are, unless otherwise
expressly provided by law, at all times entitled to full and complete information regarding
the affairs of government and the official acts of those who represent them as public
officials and employees; and
WHEREAS, it is the policy of the City to provide suitable copies of public records
and routine information within a reasonable period of time after the date the records or
routine information is requested; and
WHEREAS, the City Council hereby finds and determines to waive the charge for
copies for less than 50 pages of standard size paper requests for public information;
and
WHEREAS, upon approval of the City Council, Chapter 2 Administration, Article
IV Access to Public Information of the Grapevine Code of Ordinances shall no longer be
applicable and should be repealed in its entirety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble are found to be true and
correct and are incorporated herein for all purposes.
Section 2. That the Grapevine Code of Ordinances, Chapter 2 Administration,
Article IV Access to Public Information is hereby repealed in its entirety.
Section 3. That the City will comply with the Texas Public Information Act to
provide access for the public to governmental records.
Section 4. That the City shall waive the charges for copies of less than 50
pages of standard size paper requests for public information.
Section 5. That the City shall comply with the Texas Building and Procurement
Commission for charges imposed for nonstandard copies, or access, to public
information.
Section 6. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 7. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of February, 2002.
in
ATTEST:
ORD. NO. 2
■
APPROVED AS TO FORM: