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Ordinance No. 10,296Published in the Baytown Sun on March 28, 2006 and March 30,2006 ORDINANCE NO. 10,296 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 2 "ADMINISTRATIVE FEES AND CHARGES," SECTION 2 -616 "PUBLIC INFORMATION," SUBSECTION (A)(2) "NONSTANDARD COPY" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO UPDATE THE CHARGES FOR NON - STANDARD COPIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 2 "Administration," Article V "Finance," Division 2 "Administrative Fees and Charges," Section 2 -616 "Public information," Subsection (a)(2) "Nonstandard copy" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE Division 2. Administrative Fees and Charges Sec. 2 -616. Public Information (a) The charges for public information shall be as follows: (2) Nonstandard copy. The charges for non - standard copies are: (A) Diskette -- $1.00; (B) Magnetic tape -- actual cost; (C) Data cartridge -- actual cost; (D) Tape cartridge -- actual cost; (E) Rewritable CD (CD- RW)-- $1.00; (F) Non- rewritable CD (CD- R)-- $1.00; (G) Digital video disc (DVD)-- $3.75; (H) J'AZ drive -- actual cost; • (I) Other electronic media -- actual cost; • (J) VHS video cassette -- $2.50; (K) Audio cassette -- $1.00; (L) Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper- -See also §111.69 of this title )- -$.50; (M) Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic- - actual cost. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 23rd day of March, 2006. CALVIN MUNDINGER, May ATTEST: I,O O` O , City Clerk APPROVED AS TO FORM: _ G ACID RAMIREZ, SR., Attorne • RAKaren\Files \City Counci1\0rdinances\200 arch 23\ EstablishCos tsForNonStandardCopies.doc 01 •1 r Westlwx I TX ADC § 1 1 1.61 I TAC § 1 l 1.61 Tex. Admin. Code tit. 1, § 111.61 C TEXAS ADMINISTRATIVE CODE TITLE 1. ADMINISTRATION PART 5. TEXAS BUILDING AND PROCUREMENT COMMISSION CHAPTER I11. EXECUTIVE ADMINISTRATION DIVISION SUBCHAPTER C. COST OF COPIES OF PUBLIC INFORMATION Current through February 28, 2006 § 1 11.61. Purpose (a) The Texas Building and Procurement Commission (the "Commission ") must: (1) Adopt rules for use by each governmental body in determining charges under Texas Government Code, Chapter 552 (Public Information) Subchapter F (Charges for Providing Public Information); (2) Prescribe the methods for computing the charges for copies of public information in paper, electronic, and other kinds of media; and (3) Establish costs for various components of charges for public information that shall be used by each governmental body in providing copies of public information. (b) The cost of providing public information is not necessarily synonymous with the charges made for providing public information. Governmental bodies must use the charges established by these rules, unless: (1) Other law provides for charges for specific kinds of public information; (2) They are a governmental body other than a state agency, and their charges are within a 25 percent variance above the charges established by the Commission; Page 2 of 2 Page 1 (3) They request and receive an exemption because their actual costs are higher; or (4) In accordance with Chapter 552 of the Texas Government Code (also known as the Public Information Act), the governmental body may grant a waiver or reduction for charges for providing copies of public information pursuant to §552.267 of the Texas Government Code. (A) A governmental body shall furnish a copy of public information without charge or at a reduced charge if the governmental body determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the general public; or (B) If the cost to the governmental body of processing the collection of a charge for a copy of public information will exceed the amount of the charge, the governmental body may waive the charge. Source: The provisions of this § 1 1 1.61 adopted to be effective September 18, 1996, 21 TexReg 8587; amended to be effective January 16, 2003, 28 TexReg 439; amended to be effective February 11, 2004, 29 TexReg 1189. 1 TX ADC § 1 1 1.61 END OF DOCUMENT 0 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. https: // print. westlaw .com /delivery.htmI ?dest =atp& format =HTMLE &dataid= AO05580000... 3/17/2006 El • V Q., 64 m m Q 0 N V a c. ti O O¢ CD ro F 03 N 7 N n C1 0 s.. 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