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 --------
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.