Open Records Decision No. 348
December 31, 1982

	Re:  Purchase price of lease of land for sanitary landfill

Mr. Roy Rutland, III
Assistant City Attorney
P. O. Box 1088
Austin, Texas  78767

Dear Mr. Rutland:

	You have requested a decision under the Open Records Act, article 6252-17a, 
V.T.C.S.  The facts, as stated in your request letter, are as follows:

The city of Austin, Texas currently has pending before the Texas 
Department of Health an application for a municipal solid waste 
disposal site permit in accordance with the Texas Solid Waste 
Disposal Act, V.T.C.S. 4477-7.  In connection with this pending 
permit application, the city has entered into an option agreement to 
lease a large tract of land on a long-term basis for a certain monthly 
rental payment.  The city received on July 14, 1982, a written 
request from . . . an attorney representing landowners opposing the 
issuance of the proposed permit, for copies of the option agreement 
and the proposed lease agreement, together with associated 
correspondence, pursuant to V.T.C.S. 6252-17a.  It is the city's 
position that such portions of the requested documents as divulge 
the price to be paid for the lease in question fall under the 
exceptions to the Open Records Act's disclosure requirements as set 
out in section 3(a)(4) and 3(a)(5).

	We first discuss the scope of your request.  You have indicated that the formal 
request for information that you received was quite comprehensive.  Indeed, in his letter 
to you, the requestor stated that he wanted:

All documents, writings, letters, reports or other written, printed, 
typed or copied material dealing with the option contract or lease 
agreement on the Pearce Lane landfill site as described in an 
application pending before the Texas State Health Department.

In your request letter, however, you stated that the city's position is “that such portions of 
the requested documents as divulge the price to be paid for the lease in question” are 
excepted from required disclosure.  We infer from this that you only seek to withhold 
this information, and that you are willing to release everything else that was requested.

	Section 3(a)(5) of the Open Records Act excepts from required public disclosure:

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.

	This section is clearly applicable here.  It excepts from required disclosure 
“information pertaining to [the] purchase price of real . . . property,” and we have no 
doubt that this language was intended to embrace the lease price of real property as well.  
We therefore conclude that you may withhold those portions of the requested materials 
that “divulge the price to be paid for the lease in question until the formal award of the 
contract.”  We have marked the relevant portions.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger
Bruce Youngblood