HomeMy WebLinkAboutR2011-035RESOLUTION NO. R2�11-�35
A RESOLUTION OF THE CITY OF DENTON, TEXAS, 1N SUPPORT OF THE PASSAGE
OF LEGISLATION DURING THE 83`a STATE LEGISLATIVE SESSION THAT WILL
ALLOW THE RELEASE OF INFORMATION TO THE PUBLIC PRIOR TO ACTION BY
THE GOVERNING BODY, AND ALLOW THE DISCUSSION AND PRESENTATION
CONCERNING REQUESTS FOR PROPOSALS 1N AN OPEN MEETING; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a duly incorporated municipality located in
Denton County, and created in accordance with the provisions of Chapter 8 of the Local
Government Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the Texas Government Code 552.104 provides statutory exemption from
public disclosure, "information that, if released, would give advantage to a competitor or
bidder;" and
WHEREAS, the Texas Local Government Code 252.049 provides that Requests for
Proposals shall be opened in a manner that avoids disclosure of the contents to competing
offerors and keeps proposals secret during negotiations, and these proposals are open for public
inspection after the contract is awarded; and
WHEREAS, the Texas Local Government Code 252.042 also allows for local
government entities to seek "best value" through discussions and additional negotiations with
offerors who have been determined to be reasonably qualified for the award of the contract, but a
contract is not deemed awarded until action has been taken by the "governing body," and
therefore details of the proposal or ongoing negotiations should not be made public until after the
contract has been awarded; and
WHEREAS, the City of Denton believes that the Texas Local Government Code 252.049
prohibits disclosure of contents of Requests for Proposals in an open session meeting with city
council, because the information becomes accessible to the public and competing offerors, prior
to any action talcen by the governing body; and
WHEREAS, the City of Denton thinks that under current statue, the only possible
alternative for discussions on proposals is to hold any discussion in a closed session meeting
with the city council, which may not be possible under the current state statutes; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas, does hereby support the
passage of legislation during the 83rd State Legislative Session that will clarify a city's process
for releasing and discussing information related to Requests for Proposals to the public and
competing offerors, which may not be allowed under the current statutory language.
SECTION 2. City staff is directed to take all necessary steps to obtain the SUPPORT of
the Texas Municipal League (TML) and the inclusion of this matter on TML's legislative
agenda.
SECTION 3. This Resolution shall be effective from its date of adoption.
PASSED AND APPROVED this the �� �/G day of f'IZ 6� , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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MARK : B OUG S, MAYOR
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