HomeMy WebLinkAboutOrd 434-2009 Amending Article 48 PIR Estimated Costs.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 434-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES, PART 11 BY AMENDING ARTICLE 48, SECTION 5.01
WITH RESPECT TO REQUIREMENTS FOR A STATEMENT OF ESTIMATED COSTS
REGARDING DIFFERENT TYPES OF CHARGES FOR THE PROVISION OF PUBLIC
INFORMATION; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF
WHEREAS, the City of Anna, Texas City Council ("City Council") recognizes that public
policy requires public access to information regarding the affairs of government and the
official acts of public officials and employees; and
WHEREAS, the Legislature of the State of Texas, the Office of the Attorney General of
the State of Texas and the City Council have recognized the need for reasonable cost -
recovery rules and procedures related to locating, compiling, manipulating data, and
reproducing public information for inspection, duplication, or copying; and
WHEREAS, Chapter 552 of the Texas Government Code and Chapter 70 of Title 1,
Part 3 of the Texas Administrative Code authorizes governmental bodies to establish
policies regulating said activities relating to Public Information Requests; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City of Anna, Texas ("City") and its citizens to
amend Part 11, Article 48, Section 5.01 of The Anna City Code of Ordinances CAnna
Code"), establishing rules and procedures relating to the requirements for a Statement
of Estimated Costs;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part II by amending Anna Code, Article 48, Section 5.01 as
follows:
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Section 6. Statement of Estimated Costs
5.01 Estimate Required
Before complying with a Public Information Request, the City shall provide a
statement of estimated costs if:
(1) the City intends to impose a Personnel Charge;
(2) copies made to comply with the request will exceed 50 pages;
(3) the Public Information Request requires the provision of documents
from two or more separate buildings that are not physically connected
with each other;
(4) the Public Information Request requires the provision of documents
from a remote storage facility; or
(5) the estimated charges for complying with a Public Information
Request exceed $40.00.
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If the City intends to seek payment from a Requestor for a Personnel Charge,
a statement of estimated costs for such Personnel Charge(s) shall be
provided to the Requestor on or before the 1 & day after the date on which
the public information request was received by the City. If the City does not
intend to seek payment from a Requestor for a Personnel Charge, the City
shall endeavor to provide a Requestor a statement of estimated costs
otherwise required under this section as soon as reasonably practical, but in
no event shall the City charge a Requestor in excess of $40 if the City does
not provide an estimate of costs.
Section 3. Savings, Severability and Repealing Clauses.
Ail ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
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subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
III A NOW, 1110 MW NO all, 6
PASSED by the City Council of the City of Anna, Texas, this 24th day of February,
2009.
ATTESTED:
UP Secretary, irat kison ayor, Kenneth Pelham
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