SL Logo

City Council

Agenda Request

Agenda Of:

07-27-10

Agenda Request No:

ii-b

Initiated By:

Councilmember Russell Jones

Councilmember Donald Smithers

Responsible Department:

City Secretary

Presented By:

Councilmember Russell Jones

Councilmember Donald Smithers

Department Head:

Glenda Gundermann 

City Secretary

INITIAL

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

Official Newspaper Services And Circulation Distribution

Exhibits:

 

Clearances

Approval

Legal:

N/A

Executive Director:

N/A

Purchasing:

N/A

Asst. City Manager:

N/A

Budget:

N/A

City Manager:

Allen Bogard SIGNATUR

Budget

Expenditure Required:  $

 

Current Budget:  $

 

Additional Funding:  $

 

Recommended Action

Review of and discussion on official newspaper services and circulation distribution requirements. 

Executive Summary

The second year of the contract for official newspaper service expires on September 01, 2010.  The contract was bid in June 2008 with the option to renew for two additional years; the third year renewal is remaining under the same terms and conditions.

 

At the direction of City Council in 1998 contract specifications require a newspaper circulation distribution of 90% of the residential households, representing all four districts within the corporate city limits, excluding apartments.

 

Texas Government Code, Section 2051.044 requires the newspaper 1) devote not less than 25 percent of its total column lineage to general interest items; 2) be published at least once each week; 3) be entered as second-class (now referred to as “periodicals class”) in the county where published and 4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notices.  A weekly newspaper has been published regularly and continuously if the newspaper omits not more than two issues in the 12-month period.

 

Texas Government Code, Section 2051.045 states the legal rate for publication of a notice shall be the lowest published rate for classified advertising of that newspaper.

 

Texas Attorney General Opinion JC-0223 defines a newspaper of general circulation as: 1) a newspaper that has more than a de minimis number of subscribers among a particular geographic region; 2) has a diverse subscribership (requires a factual examination as to whether the newspaper serves a special or limited audience or whether it circulates among all classes and is not confined to a particular class or calling in the community) and 3) contains news, editorials, and advertisements of a general character and interest to the community.  There is no fixed number of readers or ratio to the population necessary for a newspaper to be considered one of general circulation, and a de minimis number of paid subscribers is a fact question to be determined by the public officials of the governing body.

 

The governing body may set bid specifications that specify the characteristics of the good or services it desires to purchase; distribution percentage within geographic area.  Specifications must be definitely and objectively related to matters of quality and competence and relate to the quality of goods or services the city desires to purchase.  Whether the specifications are in fact directly related to the quality of the item to be purchased is a fact question of the governing body.

Exhibits

 

N/A