Ordinance No. 10,739Published in the Baytown Sun on
October 30, 2007 and October 31,2007
ORDINANCE NO. 10,739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING THIRTY-SIX (36) HOURS AS A REASONABLE
LIMIT ON THE AMOUNT OF TIME THAT PERSONNEL OF THE CITY
ARE REQUIRED TO SPEND PRODUCING PUBLIC INFORMATION TO A
REQUESTOR WITHOUT RECOVERING ITS COSTS ATTRIBUTABLE TO
THAT PERSONNEL TIME; AMENDING CHAPTER 2 "ADMINISTRATION,"
ARTICLE V "FINANCE," DIVISION 2 "ADMINISTRATIVE FEES AND
CHARGES," SECTION 2-616 "PUBLIC INFORMATION' OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO
BE NUMBERED SUBSECTION (H) TO ESTABLISH A REASONABLE
LIMIT ON THE AMOUNT OF TIME THAT CITY PERSONNEL ARE
REQUIRED TO SPEND PRODUCING PUBLIC INFORMATION FOR
INSPECTION OR DUPLICATION BY A REQUESTOR, OR PROVIDING
COPIES OF PUBLIC INFORMATION TO A REQUESTOR, WITHOUT
RECOVERING ITS COSTS ATTRIBUTABLE TO THAT PERSONNEL TIME;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council supports and upholds the ideals of the Texas Public
Information Act (the "Act")-- namely that each person is entitled, unless otherwise expressly
provided by law, at all times to complete information about the affairs of the City and the official
acts of its public officials and employees; and
WHEREAS, the Act establishes no limit on the number of requests a particular requestor
may make during any prescribed period of time; and
WHEREAS, many types of requests require a substantial amount of employee or
personnel time with which to comply; and
WHEREAS, the Act provides that a governmental body may establish a reasonable limit
on the amount of time that personnel of the governmental body are required to spend producing
public information for inspection or duplication by a requestor, or providing copies of public
information to a requestor, without recovering its costs attributable to that personnel time; and
WHEREAS, the City Council deems it advisable to establish a reasonable number of
hours per fiscal year that personnel of the City will be required to spend producing public
information for inspection or duplication by a requestor, or providing copies of public
information to a requestor, without recovering its costs attributable to that personnel time; and
WHEREAS, once such amount is exceeded, the City Council believes that personnel
costs should be recoverable to the extent authorized in V.T.C.A., Government Code §552.275;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true by the City Council of the City of Baytown, Texas.
Section 2: That pursuant to and subject to the limitations in V.T.C.A., Government
Code, §552.275, the City Council of the City of Baytown hereby establishes thirty-six (36) hours
as a reasonable limit on the amount of time that personnel of the City are required to spend
producing public information for inspection or duplication by a requestor, or providing copies of
public information to a requestor, without recovering its costs attributable to that personnel time.
Section 3: That Chapter 2 "Administration," Article V "Finance," Division 2
"Administrative Fees and Charges," Section 2-616 "Public information" of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new subsection to be numbered
subsection (h)," which shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 2. ADMINISTRATIVE FEES AND CHARGES
Sec. 2-616. Public information.
(h) Personnel Charges in Excess of 36 Hours. Notwithstanding any provision contained
herein to the contrary, any requestor of public information will be charged personnel
costs in accordance with V.T.C.A., Government Code, §552.275 for all time in excess of
thirty-six (36) hours spent by personnel of the city in producing public information for
inspection or duplication by a requestor, or providing copies of public information to a
requestor during a twelve-month period commencing on October 1 of each year. The
public information officer designated in section 2-691 is delegated all duties of the city
council in V.T.C.A., Government Code, §552.275.
Section 4: 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 5: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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.
z
Section 6: 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
n, this the 25`h day of October, 2007.
0`
1 _ . STEP EN I-
LORRI COpDY, City Clerk
APPROVED AS TO FORM:
ACI) kAMIREZ, Sr., i Attorney
RAKarenTilesWity CouncillOrdinances120071October 2SWolumeRequesiorsRevised.doc
3
of the City Council of
RLOS,