Open Records Request - 1/16/05

Request for Results of Soil Testing at Concrete Plant Removal Site

Note:  Mayor Trevino located a cement mixing plant on public property owned by BISD.  At the end of his usage, the site was to be returned to its original state.  Soil testing is required to acertain that this has been done.  The results of such testing are public records.  T



-------- Original Message --------
Subject: Open Records Request #011605-3 - Environmental Concerns
Date: Sun, 16 Jan 2005 20:26:27 -0600
From: Ron West <rcw@ronwest.org>
To: Stephen_Waddell@birdville.k12.tx.us


Dear Mr. Waddell,

This is a request under the Texas Open Records Act, chapter 552 of the Government Code (formerly V.T.C.S. article 6252) as well as Article I, Sec. 8 of the Texas Constitution, the First Amendment to the United States Constitution, the common law of the State of Texas and any statue providing for public access to government information.

I request that I be sent copies of the following documents or, if there are a large number, be permitted to inspect the following documents and receive copies of the ones I would like:

    1)    A copy of all results of the soil testing for environmental hazards for the land provided to J. L. Steel Company for use as a cement mixing plant that has been done since J. L. Steel has vacated the property.  This request applies to the entire tract of land that was in use as a cement mixing plant for over two years.   I believe that such soil testing was a requisite of the agreement with J. L. Steel Company since the land in use was publicly owned land.  After such use, the land was supposedly to be restored to its original condition.

    2)   A copy of all results of the soil testing for environmental hazards for the land provided to J. L. Steel Company for use as a cement mixing plant that was done prior to the use of such land by J. L. Steel if such testing was done.  This request applies to the entire tract of land that was in use as a cement mixing plant for over two years.  After such use, the land was supposedly to be restored to its original condition.

   3)    If such testing has not been done, please provide a schedule as to when such information is expected to be available to fulfill this request. 
        

If you have any questions about the nature or scope of this request, please call me at the phone number listed below. If you determine that all or some portion of the information requested is excepted from required disclosure, I request that you provide me with the portions of the requested information that are public and reasonably segrable from that which you believe is excepted. If any records are in active use or in storage, please certify this fact in writing and set a date and hour within a reasonable time when the records will be available, as required by section 552.221 of the Act. If you determine that all or some portion of the information requested is excepted from required public disclosure under a particular exception, I request that you advise me as to which exceptions you believe apply. If you rely on previous determination, please advise me of the applicable court decision or Attorney General's opinion. If there is no such determination, please advise me of the request for such an opinion, as required under section 552.301 of the Act, and a dated copy of your letter to the Attorney General. I call your attention to section 522.353 of the Act, which provides penalties for a failure to release public records. I am prepared to pay reasonable costs for copying, within the guidelines set by sections 552.261, 552.262, 552.263, 552.267, 552.268, 552.269.

Thank you for your attention to this and I expect to hear from your office within ten days.

Sincerely,

Ron C. West

Compliance:   None to date.