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2002-114-RES WAIVE FEES AND CHARGES INCURRED BY COP FOR OPEN RECORDS REQUEST FILED BY PARIS NEWS i' ---- ~ RESOLUTION NO. 2002-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, WAIVING ALL FEES AND CHARGES INCURRED BY THE CITY OF PARIS IN RESPONDING TO AN OPEN RECORDS REQUEST FILED BY THE PARIS NEWS, AS SUCH WAIVER IS PERMITTED PURSUANT TO SECTION 552.267 OF THE TEXAS PUBLIC INFORMATION ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris was in receipt of an open records request dated May 24, 2002, from The Paris News newspaper, by and through Mr. Phillip L. Hamilton, Managing Editor, whereby The Paris News sought information of a similar nature previously requested by the County of Lamar related to the City's operation of a county-wide emergency medical system pursuant to an interlocal agreement between the City and the County; and, WHEREAS, in responding to the request from the County of Lamar, the City of Paris has incurred $1,540.10 in cost, which the City of Paris has or intends to bill to the County of Lamar; and, WHEREAS, unlike the County of Lamar, the Paris Newspaper has requested and sought a waiver of all fees and charges incurred by the City of Paris in responding to the Paris News open records request, as such waiver is authorized pursuant to Section 552.267 of the Texas Public Information Act, on the basis that providing such information in response to The Paris News's request benefitted the general public; and, WHEREAS, Section 552.223 of the Texas Public Information Act provides that the officer for public information of any governmental entity covered by said Act shall treat all requests for information uniformly without regard to the position or occupation of the requester, the person on whose behalf the request is made, or the status of the individual as a member of the media; and, WHEREAS, because of the City I S intent to bill the County of Lamar for the cost incurred by the County of Lamar and taking into consideration the request by the newspaper for such waiver, it would appear to be a conflict in the language of the statute as applied to the circumstances described herein; and, WHEREAS, only the governmental body, the same being the City Council of the City of Paris can authorize the waiver or reduction requested by the newspaper pursuant to Section 552.267 of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: ~ -- Section 1. That the fmdings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council does hereby find and determine that the waiver or reduction of the charges incurred on behalf of the Paris News in responding to that request for public information filed by The Paris News by and through Mr. Phillip L. Hamilton, Managing Editor, as same was filed on May 24, 2002, said cost being incurred in the amount of $1 ,333.70, was in the public interest, and such cost should be in all things waived. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of July, 2002. ~~~~ Michael . Pfieste ay ATTEST: ~i~"~~'~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: