Open Records Decision No. 234
February 1, 1980

	Re:  Whether plans, locations and estimates involved in a proposed reservoir 
project are available under the Open Records Act.

Honorable John C. Ross, Jr.
Lubbock City Attorney
P. O. Box 2000
Lubbock, Texas  79457

Dear Mr. Ross:

	You have requested our decision as to whether plans, locations and cost estimates 
relating to a proposed reservoir and water line project are available under the Open 
Records Act, article 6252-17a, V.T.C.S.

	You explain that the project is presently in the planning and negotiation stage.  
No decision as to location has been made and no property has been purchased.  The 
project has not been presented for approval to the City Council.  The city's engineering 
department recently prepared a tentative revised cost estimate to assist in negotiations.  
You suggest that all information relating to plans, locations and costs is excepted from 
disclosure under section 3(a)(5) of the Open Records Act, as

information pertaining to the location of real or personal property 
for public purposes prior to public announcement of the project, and 
information pertaining to appraisals or purchase price of real or 
personal property for public purposes prior to the formal award of 
contracts therefor . . . .

	In Open Records Decision No. 222 (1979), we said that a private consulting 
firm's study of possible sites for a sludge treatment plant was not excepted from 
disclosure after a site had been purchased.  Relying upon the reasoning in Open Records 
Decision No. 5 (1973), we said that a study could be withheld if it was still the basis for 
good faith negotiations regarding the purchase by the city of the particular property in 
question.  So long as negotiations regarding the purchase of a site for the reservoir and 
water line have not been completed, we believe that the city may withhold all proposed 
plans, locations and cost estimates under section 3(a)(5).  When the transaction has been 
completed, all factual information relating to the project will become available to the 
public.  See Open Records Decision No. 222 (1979).  See also Open Records Decision 
No. 5 (1973).

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Ted L. Hartley
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

C. Robert Heath, Chairman
David B. Brooks
Bob Gammage
Susan Garrison
Rick Gilpin
Bruce Youngblood