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19-B Paris News Waiver of FeesDRAFT J:\Attorney\ALICE\RESWORK\CiJRRENT\Waiving Fees Paris News.wpd July 5, 2002 RESOLUTION NO. 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'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 findings 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 J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney CITY OF PARIS CHARGES FOR PUBLIC INFORMATION REQUESTS Date July 3, 2002 Person/Agency Requesting Information: The Paris News Address: 5050 Loop 286 S.E., Paris, TX 75460 Telephone No.: (903) 785-8744 Description of Information: Documents relating to the operation of the City of Paris Emergency Medical Services. Number Total Standard-size Copies 1,788 @ $.10/page $ 178.80 Nonstandard-size Copies Diskette @ $1.00 ea. $ Magnetic Tape ► 4 mm. @ $13.50 ea. $ ► 8 mm. @ $12.00 ea. $ ► 9-track @ $11.00 $ Data Cartridge ► 2000 Series @ $17.50 ea. $ ► 3000 Series @ $20.00 ea. $ ► 6000 Series @ $25.00 ea. $ ► 9000 Series @ $35.00 ea. $ ► 600A @ $20.00 ea. $ Tape Cartridge ► 250 MB @ $38.00 ea. $ ► 525 MB @ $45.00 ea. $ VHS Video Cassette @ $2.50 ea. $ Audio Cassette @ $1.00 ea. $ Oversized Paper Copy (i.e.: 11" g 17"; greenbar/bluebar) 1,913 @$.50/page $ 956.50 Mylar ► 3 mil. @ $.85/lf $ ► 4 mil. @ $1.10/lf $ ► 5 mil. @ $1.35/lf $ Blueline/Blueprint Paper (all widths) @ $.20/lf $ Other (actual cost) $ Personnel Charges Programming Personnel 2 @ $26.00/hour $ 52.00 Other Personnel 2 @ $15.00/hour $ 30.00 Overhead Charges 20% of Total Personnel Charges $82.00 x 20% $ 16.40 Microfiche or Microfilm Charges Paper Copy @ $.10/page $ Fiche or Film Copy (actual cost) $ Computer Resource Management Mainframe 10 @ $10.00/min. $ 100.00 Midsize @ $1.50/min. $ Client/Server @ $2.20/hour $ PC or LAN @ $1.00/hour $ Other Charges (actual cost) Description: $ Description: $ Postage & Shipping Charges (actual cost) $ TOTAL CHARGES $ 1,333.70 Apri12002 Phillip L. Hamilton Managing Editor The Yaris News p.o, soX 1078 Paris, Texas 75461-1078 903-785-8744, Ext. 243 FAX 903-785-1263 . ~ Michael Malone Ciry Manager Ciry of Pazis P.O. Box 9037 Paris, Texas 75460-9037 Deu officer of Public Records, ~ VV. 4 2002 CiTY OF PAV21S C!T'( C! F°K objt~.,t a4, aoc) I. ~Nk This request is made under the Texas Public Information Act, Chapter 552, Texas Gavernment Code, which guarantees the public's access to information in the custody oFgovemmental agencies. I respectfully request copies of the following records for the period from Oct. 1 through Sept. 30 for the years 1998-1999, 1999-2000, 2000-2001 and 2001-current: 1. City bud~ets and year-end financial statements for each fscal to date financial statement for the current year; 2. Extemal audits performed by the city of Paris; 3. Summaries of the tota] number of dispatches of Paris EMS for each fiscal yeaz; 4. Aocuments or records showing the total number of dispatches of Paris EMS for each fiscal year; 5. Documents or records showing the total number of dispatches inside the city limits of Paris in each fiscal year; 6. Documents or records showing the total number of dispatches outside the city limits of Paris in each fiscal year; 7. Annual operating statement relating to revenues generated by the Paris EMS; 8. Documents or records showing the total amount of revenue generated by Paris EMS during each respective fiscal yeaz; 9. Documents or records showing the sources or revenue generated by Paris EMS during each respective fiscal yeaz (i.e. medicaze, insurance, private payment, county contribution etc.); 10. Documents or records showing what amount of billed, but uncollected fees were chazged off in each fiscat yeaz; 11. Documents or records showing what amount oE billed, but uncollected fees chazged off were related to calls inside/outside the city limits of Paris; 12. Documents or records showing what percentage of annual revenues were generated within and without the municipal limits of the city of Paris; 13. Itemized annual statements of expenses incurred in the delivery of EMS services; 14. Please identify any and all city departments or budget line items that are included in any calculation of costs subject ro counry contribution; 15. Annual statements oE call statistics for EMS services both within the municipal boundaries of the ciry of Paris, and simitar annual statements of call statistics for EMS services outside the municipal boundaries of the city of Paris; 16. Documents or records showing how many actual "transfers;" as opposed to "dispatches" or "runs' were incuaed in each fiscal year (For purposes of this inquiry, a transfer is u dispatch ' I or run which actuallr res4lts in the physical transport of an actual individual to or from one locution to another m an EMS vehicle operated by the city of Paris; 17. Documents or records showing how many actual "transfers" were within the city of Paris in each fiscal yeaz; ~ 18. Documents or records showing how many actual "transfers" were outside/inside the city of Paris in each fiscal yeaz; ' 19. Annual statements of the status of delinquent ancUor uncoltected accounts billed for EMS services; 20. Any periodic reports pertaining to the delivery of EMS services filed with the Texas Department of Health, or any other govemmental entity to whom the city of Paris reports EMS data, pertaining to EMS services; 21. Documents or records showing what number of actual EMS service runs and/or transfers were conducted by the city of Paris EMS outside the municipal boundaries of the city; 22. Documents or records showing what number of total dispatches were administered by the city w dispatch department in each fiscal yeaz: 23. Documents or records showing what number of dispatch calls were related to the dispatch oF EMS services in each fiscal yeaz; , . 24. Itemized account of all costs attributablw to the delivery oFEMS services for each fiscal year; 25. Non medical records pertaining to the number of individuals actually transported by the Paris EMS ambulance service to local or azea hospitals, nursing homes, inter-hospital transfers, or transfers to and from local clinics and/or doctor's offices; 26. Non-medical records pzrtaining to any and all amounts billed to any person, entity, insurer, or other financially responsible party for such EMS service; 27. Non-medical records pertaining to all sums collected by the city of Paris for EMS services. Disclosure of this information is in the public interest because providing copies of the information primarily benefits the general public. I therefore request a waiver of all fees and chazges pursuant to Section 552.267 oF the Texas Public Information Act. I shall look fonvard to hearing from you promptly, as specified in the law. Thank you for your cooperation and attention [o this matter. Kindest regards, Phillip L. Hamilton, Managing Editor The Paris News • CC: Mike Graxiola, Publisher, The Paris News