The city does hereby adopt and incorporate the provisions for the levying, assessing and collecting of taxes provided for the collection of taxes that are available in the Property Tax Code section 1.01 et seq., and all the amendments thereto; except, that no provisions in the state law that are inconsistent with any charter provisions are incorporated or adopted.
(Ordinance 1471, § 11; Ordinance 4902, § 1, adopted 2/20/1986)
When a tax certificate is requested and issued pursuant to section 31.08 of the Property Tax Code, a fee or charge as allowed by statute shall be collected by the director of taxation for the city and placed in the general fund of the city.
(Ordinance 205; Ordinance 4902, § 2, adopted 2/20/1986)
The City of Irving, Texas, pursuant to the authority vested in it by Article 179d V.A.T.C.S. as amended, hereby levies a one (1) percent gross receipts tax on the conduct of bingo games within the corporate limits of the City of Irving.
(Ordinance 4272, § 1, adopted 11/3/1983)
(a) 
For the current expenses of the city, and for the general improvements of the city and its property, there is hereby levied and ordered to be assessed and collected for the year 1996, on all property situated within the corporate limits of the city, and not exempt from taxation by valid law, an ad valorem tax at the rate of $0.3616 on the one hundred-dollar valuation of such property.
(b) 
For the purpose of paying interest and providing a sinking fund for the payment of each issue of bonds issued for various municipal purposes, including the various installments of principal falling due during the ensuing year on bonds issued for such purposes, and for the purpose of paying interest, there is hereby levied and ordered to be assessed and collected for the year 1996 on all property situated within the corporate limits of the city, and not exempt from taxation by valid law, an ad valorem tax at the rate of $0.1470 on the one hundred-dollar valuation of such property.
(c) 
The city council, by this section, hereby notifies the city tax assessor the tax rate adopted for the 1996 tax year is $0.5086 per one hundred-dollar valuation.
(d) 
The fact that the time for the calculation and determination of taxes to be assessed and levied in the city is rapidly approaching and it is necessary for the immediate preservation of the public health, safety and welfare of the general public an emergency is thereby created and requires that this section shall take effect immediately from and after its passage.
(Ordinance 2894, §§ 1, 2, adopted 9/23/1976; Ordinance 3742, §§ 1, 2, adopted 9/24/1981; Ordinance 5042, §§ 1—3, adopted 9/25/1986; Ordinance 5496, §§ 1—3, adopted 9/22/1988; Ordinance 5684, §§ 1—3, adopted 9/21/1989; Ordinance 5861, § 1, adopted 9/20/1990; Ordinance 6019, § 1, adopted 9/26/1991; Ordinance 6173, §§ 1—3, adopted 9/23/1992; Ordinance 6678, §§ 1—4, adopted 9/21/1995; Ordinance 6865, §§ 1—4, adopted 9/5/1996)
The city council hereby approves the appraisal roll and tax determinations contained therein submitted to it by the tax assessor and said document is hereby adopted as the 1995 city tax roll.
(Ordinance 5043, § 1, adopted 9/25/1986; Ordinance 6679, § 1, adopted 9/21/1995)
In compliance with the requirements of Section 11.13(n) of the Texas Property Tax Code, the city council hereby adopts a twenty (20) percent homestead exemption for the 1988 ad valorem tax year and each ad valorem tax year thereafter until changed.
(Ordinance 5417, § 1, adopted 4/14/1988)
Pursuant to Article VIII, Section 1-b, of the Texas Constitution, and Section 11.13(d) of the Texas Tax Code, forty five thousand dollars ($45,000) of the appraised value of the residence homestead of an individual who is disabled or is sixty-five (65) years of age or older shall be exempt from city ad valorem taxes when taxes are levied for the year 2018, and all subsequent levies, upon the owner's compliance with the requirements of the Texas Tax Code.
(Ordinance 2478, § 1, adopted 3/15/1973; Ordinance 3161, § 1, adopted 9/21/1978; Ordinance 3411, § 1, adopted 12/20/1979; Ordinance 3571, § 1, adopted 12/18/1980; Ordinance 2017-9954, § 1, adopted 6/22/2017; Ordinance 2018-10069, § 1, adopted 6/7/2018)
[1]
Editor's note—Former § 16-3.2, which pertained to homestead tax exemption for the disabled and derived from Ordinance 3455, adopted 3/20/1980; and Ordinance 3572, adopted 12/18/1980, was repealed 6/22/2017 by Ordinance 2017-9954.
(a) 
An additional penalty on delinquent taxes, as provided by section 33.07, TEX. TAX CODE, is hereby authorized and imposed for tax years 1986 through 2005 in the amount of fifteen (15) percent and for tax years 2006 and subsequent years in the amount of twenty (20) percent of the delinquent tax, penalty, and interest if the tax becomes delinquent on or after February 1 of a year but not later than May 1 of that year and remains delinquent on July 1 of the year in which they become delinquent.
(b) 
An additional penalty on delinquent taxes, as provided by section 33.08, TEX. TAX CODE, is hereby authorized and imposed for tax years 1986 through 2005 in the amount of fifteen (15) percent and for tax years 2006 and subsequent years in the amount of twenty (20) percent of the delinquent tax, penalty, and interest if the tax becomes delinquent on or after June 1 under sections 26.07(F), 26.15(E), 31.03, 31.031, 31.032, or 31.04, TEX. TAX CODE.
(c) 
An additional penalty on delinquent taxes for tax years 2009 and subsequent years is hereby authorized and imposed, as provided by section 33.11, TEX. TAX CODE, in the amount of twenty (20) percent of the delinquent tax, penalty, and interest if the tax becomes delinquent on February 1 of a year and remains delinquent on the sixtieth day thereafter.
(Ordinance 5211, § 1, adopted 5/14/1987; Ordinance 2009-9095, § 2, adopted 7/23/2009)
Pursuant to Subchapter B, Municipal Tax Abatement—Local Tax Code, as amended by the 70th Legislature, the city hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described by the metes and bounds in Exhibit "A" attached hereto by reference and depicted on the plat attached as Exhibit "B" and such reinvestment zone is hereby designated and shall hereafter be designated as Tax Abatement Reinvestment Zone No. One (1), City of Irving, Texas.[1]
(Ordinance 5541, § 3, adopted 12/1/1988)
[1]
Editor's note—Exhibits "A" and "B" are on file in the office of the city secretary. The city elected by Resolution 12-1-88-560 to become eligible to participate in tax abatement.
Pursuant to the authority granted home-rule cities by Section 1-j, Article VIII of the Texas Constitution to tax property otherwise exempted by said section of the Constitution and pursuant to Section 11.251 of the Property Tax Code, the governing body of the City of Irving, Texas, a home-rule municipality, hereby declares all freeport goods and tangible personal property and one hundred (100) percent of the appraisal value of said property exempted by Section 1-j(a), Article VIII of the Texas Constitution adopted as Amendment No. 5 by the statewide electorate on November 7, 1989, and Section 11.251 of the Property Tax Code shall be subject to and shall be taxable at one hundred (100) percent of assessed value by the City of Irving, Texas, effective December 15, 1989, for the tax year 1990 and each year thereafter.
(Ordinance 5731, § 1, adopted 12/14/1989)
(a) 
Definitions.
The following terms have the same meaning as defined in section 11.253 of the Texas Tax Code, as amended.
(1) 
The terms "dealer's motor vehicle inventory," "dealer's vessel and outboard motor inventory," "dealer's heavy equipment inventory," and "retail manufactured housing inventory" have the meanings assigned by subchapter B, chapter 23 of the Texas Tax Code, as amended.
(2) 
The term "goods-in-transit" is defined to mean tangible personal property that:
a. 
Is acquired in or imported into this state to be forwarded to another location in this state or outside this state;
b. 
Is detained at a location in this state in which the owner of the property does not have a direct or indirect ownership interest for assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property;
c. 
Is transported to another location in this state or outside this state not later than one hundred seventy-five (175) days after the date the person acquired the property in or imported the property into this state; and
d. 
Does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory.
(3) 
The term "location" means a physical address.
(4) 
The term "petroleum product" means a liquid or gaseous material that is an immediate derivative of the refining of oil or natural gas.
(b) 
A person is not entitled to an exemption from taxation of the appraised value of that portion of the person's property that consists of goods-in-transit. A person's property consisting of goods-in-transit is hereby subject to ad valorem taxation pursuant to section 11.253 of the Texas Tax Code, as amended.
(Ordinance 8902, § 2, adopted 12/13/2007)
(a) 
Findings.
(1) 
The facts and recitations contained in the preamble of the ordinance from which this section derives are hereby found and declared to be true and correct and are adopted as part of this section for all purposes.
(2) 
The city council finds and declares that the proposed improvements in the zone will significantly enhance the value of all the taxable real property in the proposed zone and will be of general benefit to the city.
(3) 
The city council finds the area within the zone meets the criteria for designation of a reinvestment zone and satisfies the requirement of Section 311.005 of the Act, in that the area in its present condition substantially impairs and arrests the sound growth of the city, retards the provision of housing accommodations and constitutes an economic liability and a detriment to the public health and safety because of (i) a substantial number of substandard, deteriorated, and deteriorating structures; (ii) the predominance of inadequate sidewalk and street layouts; (iii) faulty lot layout in relation to size, adequacy, accessibility, and usefulness; (iv) unsanitary and unsafe conditions; (v) the deterioration of site and other improvements; and (vi) conditions that endanger life and property by fire or other cause.
(4) 
The city council finds and declares:
a. 
The proposed zone is a contiguous geographic area located wholly within the corporate limits of the City of Irving;
b. 
The total appraised value of taxable real property in the proposed zone and in existing reinvestment zones does not exceed fifteen (15) percent of the total appraised value of taxable real property in the city;
c. 
Ten (10) percent or less of the property in the zone, excluding property that is publicly owned, is used for residential purposes (defined as any property occupied by a house with fewer than five (5) living units); and
d. 
The development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future.
(b) 
Designation of zone.
The city council hereby designates the zone described in the boundary description and depicted in the map, both attached hereto as Exhibit "A"[1] and made a part of the ordinance from which this section derives for all purposes, as a reinvestment zone pursuant to and in accordance with Texas Tax Code Chapter 311. This reinvestment zone shall be known as "Tax Increment Reinvestment Zone Number Two, City of Irving, Texas—Irving Boulevard."
[1]
Editor's note—Exhibits A and B are on file and available for inspection in office of the city secretary.
(c) 
Zone board of directors.
A board of directors for the zone ("board") is hereby created. The board shall consist of thirteen (13) members who shall serve for terms of two (2) years each. Of these thirteen (13) members, each taxing unit other than the city that levies taxes on real property in the zone may, but is not required to, appoint one (1) member to the board. After each taxing unit other than the city designates either the name of the member that the taxing unit wishes to appoint or the fact that the taxing unit wishes to waive its right to appoint a member, the city council shall appoint whatever number of members are necessary to fill the remaining positions on the board. The mayor shall annually nominate and appoint, subject to city council approval, a member to serve as chair for a term of one (1) year beginning on the anniversary of the effective date of this section. The city council authorizes the board to elect from its members a vice chairman and such other officers as the board sees fit.
The board shall make recommendations to the city council concerning the administration, management, and operation of the zone. The board shall prepare and adopt a project plan and a reinvestment zone financing plan for the zone and submit such plans to the city council for its approval. Subject to approval of the city council, the board shall perform all duties imposed upon it by Texas Tax Code Chapter 311 and other applicable law as necessary and convenient to implement the project plan and reinvestment zone financing plan. Notwithstanding anything to the contrary herein, the board shall not be authorized to (i) issues bonds; (ii) impose taxes or fees; (iii) exercise the power of eminent domain, or (iv) give final approval to the zone's project plan and financing plan.
(d) 
Term of zone.
The zone shall take effect upon the adoption of this section and terminate on the earlier of (i) December 31, 2040, or an earlier termination date designated by an ordinance adopted after the effective date of this section or (ii) the date on which all project costs, tax increment bonds, and interest on those bonds have been paid in full.
(e) 
Determination of tax increment base.
The tax increment base for the zone, as defined by Section 311.012(c) of the Act, shall be the total appraised value of all real property in the zone taxable by a taxing unit for the year 2010, the year in which the zone was designated as a reinvestment zone.
(f) 
Tax increment fund.
A tax increment fund for the zone (the "TIF Fund") is hereby established. The TIF Fund may be divided into additional accounts and sub-accounts authorized by resolution of the city council. The TIF Fund shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a) of the Act, that each taxing unit which levies real property taxes in the zone, other than the city, has elected to dedicate to the TIF Fund under an agreement with the city authorized by Section 311.013(f) of the Act, plus (ii) sixty-five (65) percent of the city's maintenance and operating portion of the tax increment, as defined by Section 311.012(a) of the Act, subject to any binding agreement executed at any time by the city that pledges a portion of such tax increment or an amount of other legally available funds whose calculation is based on receipt of any portion of such tax increment. The TIF Fund shall be maintained in an account at the depository bank of the city and shall be secured in the manner prescribed by law for Texas cities. In addition, all revenues from (i) the sale of any obligations hereafter issued by the city and secured in whole or in part from the tax increments; (ii) revenues from the sale of any property acquired as part of a tax increment financing plan adopted by the board; and (iii) other revenues dedicated to and used in the zone shall be deposited into the TIF Fund. Prior to the termination of the zone, money shall be disbursed from the tax increment fund only to pay project costs, to satisfy the claims of holders of tax increments bonds or notes issued for the zone, or to pay obligations incurred pursuant to agreements entered into to implement the project plan and reinvestment zone financing plan and achieve their purpose.
(g) 
Tax increment agreements.
Subject to approval of the city council, the city manager and city attorney are hereby authorized to prepare tax increment agreements with taxing units that levy real property taxes in the zone.
(Ordinance 2010-9229, §§ 1—7, adopted 12/9/2010)
[1]
Editor's note—Former Art. II pertained to similar subject matter and derived from Ordinance 6778, adopted 4/18/1996; Ordinance 6895, adopted 10/17/1996; Ordinance 7442, adopted 3/25/1999; Ordinance 7505, adopted 8/5/1999; and Ordinance 7721, adopted 10/12/2000.
(a) 
The division of purchasing shall have the authority and the duty to purchase or contract for all goods, materials, services, or supplies for the use of any department of the city in accordance with the procedure as prescribed by this article and such rules and regulations as adopted for the internal management and operation of the division of purchasing.
(b) 
The division of purchasing shall not be responsible for those contracts made by the city attorney's office in connection with its provision of legal services on behalf of the city, its employees or representatives, or other types of purchases not amenable to competitive bidding.
(c) 
Procurement authority with respect to certain supplies, services, or construction may be delegated to other city officials when such delegation is deemed necessary for the effective procurement of these supplies, services, or construction.
(d) 
The city manager, or his/her designee, shall have the authority to:
(1) 
Utilize any procurement procedure or method for the construction or installation of any public work that is authorized by law;
(2) 
Determine which procurement procedure or method for construction or installation of any public work provides the best value to the city; and
(3) 
Determine what financial security is acceptable for bonding a construction manager-at-risk or design-build firm prior to commencement of construction.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2023-10816, § 1, adopted 10/12/2023)
Except as otherwise provided in this article, it shall be unlawful and contrary to city policy for any city officer, department head, or employee to order the purchase of any goods, materials, services, or supplies, or make any contract within the purview of this article other than through the division of purchasing and any purchase order or contract made contrary to the provisions hereof [shall be unlawful] and the city shall not be bound thereby. Policies and procedures shall be adopted by the financial services department in conjunction with the city manager or the city manager's designee.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2024-10922, § 3, adopted 5/30/2024)
(a) 
The division of purchasing shall obtain and secure with the cooperation of the using city departments standard written specifications for goods, materials, services, and supplies used by the various departments of the city.
(b) 
All specifications shall be definite and certain and shall permit competitive bidding whenever possible except for those items not required to be competitively bid or competitive proposals secured by the terms of this chapter and state statute.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
All using departments, either by or with the authorization of the head of the department under which the using department operates, shall file electronically or by paper with the division of purchasing detailed requisitions or estimates of their requirements and goods, materials, services, and supplies, and contractual services in accordance with the purchasing manual to be adopted pursuant to this article.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
The division of purchasing shall not issue any order for delivery on a contract or open market purchase until the chief financial officer or the chief financial officer's designee shall have certified after preaudit that there is to the credit of the using department a sufficient unencumbered appropriations balance, in excess of all unpaid obligations, to defray the amount of such order, except in emergency situations.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
Any purchase order or contract within the purview of this article in which any employee of the division of purchasing or any appointed officer or employee of the city is financially interested, directly or indirectly, shall be void before the execution of a purchase order or contract, except the city council shall have the authority to waive compliance with this section when it finds such action to be in the best interest to the city and its citizens as a whole.
(b) 
However, chapter 171, Texas Local Government Code, as amended, shall be applicable to conflicts of interests in purchasing and shall control when there is a conflict with this section.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
The division of purchasing employees and all appointed officers and employees of the city are expressly prohibited from accepting, directly or indirectly, from any person to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except when given for the use and benefit of the city.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
Except for property, goods, services, and items exempted from the competitive bid requirements by the Texas Local Government Code, all purchases of and contracts to purchase goods, materials, nonprofessional services, and supplies when the estimated cost thereof exceeds the amount of money specified in section 252.021(a) of the Texas Local Government Code shall be based on competitive bids from the lowest responsible bidder or offeror.
(b) 
The purchasing procedure should encourage the use of products made of recycled materials as set forth in section 361.426, Texas Health and Safety Code.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
Generally.
All sales of personal property which have become obsolete and unusable shall, except as specifically provided in this article or by applicable state law, be based whenever possible on (1) competitive bids and sold to the highest responsible bidder after due notice inviting proposals, or (2) public auction to the highest bidder.
(b) 
Sale of issued weapons and badges to retired peace officers and firefighters.
(1) 
Notwithstanding subsection (a) above, the division of purchasing, upon the direction of the chief of police or fire chief, shall sell to a retired peace officer or firefighter, or to the estate of a deceased peace officer or firefighter, that officer's city-issued weapon and breast badge.
(2) 
An officer qualifies as retired for purposes of this subsection if the officer:
a. 
Is receiving a disability pension from the city; or
b. 
Has completed ten (10) years of service with the city.
(3) 
The price of a weapon or badge sold under this section shall be the fair market value of the item as determined by the division of purchasing, or its original cost depreciated by ten (10) percent for each year of service of the officer, whichever is less.
(c) 
Sale of obsolete, excess, or damaged library materials.
Upon the determination by the director of libraries, with the concurrence of the city manager or the designee of the city manager, that certain library materials are obsolete, excess, or damaged, said materials may be transferred to an organization selected by the city council for the purpose of selling said materials to raise funds, which proceeds shall be expended solely on behalf of the Irving Public Library for the purchase of library materials, equipment, or other Irving Public Library System enhancements, including special library projects. For the purposes of this subsection, materials or library materials shall mean printed works, audiovisual and electronic recordings, puzzles and games, and other materials included in the library's collection.
(d) 
Sale of memorabilia to retiring city manager.
(1) 
Notwithstanding subsection (a) above, the division of purchasing, upon the approval and direction of the mayor and city council, shall sell to a retired city manager, or to a group of department heads and employees for presentation to said city manager, certain items of office memorabilia, including, but not limited to, a chair, flag, or photograph used by said city manager during his or her tenure.
(2) 
The city manager qualifies as retired for purposes of this subsection if said city manager:
a. 
Is receiving a disability pension from the city; or
b. 
Has completed ten (10) years of service with the city.
(3) 
The price of such items sold under this section shall be the fair market value of the item as determined by the division of purchasing or its original cost depreciated by ten (10) percent for each year of service of the city manager, whichever is less.
(e) 
The division of purchasing shall be designated to perform the property disposition duties.
(f) 
Sale of retiring police dog to handler.
(1) 
Notwithstanding subsection (a) above, the purchasing manager, upon the approval and direction of the chief of police, shall sell a police dog which has been retired due to a diminished ability to perform duty to the employee on the police department who was the dog's handler.
(2) 
Inasmuch as a retired police dog has a negligible market value, and due to the fact that the city would otherwise have to incur an expense of continued maintenance or euthanizing the animal, and insofar as preserving the life of the dog can be a humanitarian gesture and have significant positive impacts on the morale of the police K-9 units, the price of such an animal to the handler shall be one dollar ($1.00).
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2016-9843, § 1, adopted 9/8/2016)
(a) 
Newspaper advertisements.
Newspaper advertisements shall be in accordance with the requirements of chapter 252 of the Texas Local Government Code when this requirement is legally applicable.
(b) 
Bidders' or proposal list.
The division of purchasing should solicit sealed bids or proposals from all responsible prospective suppliers who have requested their names be added to a bidders' or offerors' list, which the division shall maintain, by sending them a notice which shall sufficiently acquaint them with the proposed purchase or sale. Names may also be removed from the bidders' or offerors' list due to nonresponsiveness to bid and/or failure to fulfill their obligations to the city.
(c) 
Evaluation requirements.
The notice or invitation to bid or propose shall contain the evaluation requirements, some of which are set forth in section 16-20 of this chapter.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
By this section, bid or proposal deposits may be prescribed in public notices inviting bids at the discretion of the division of purchasing.
(b) 
If a bid or proposal deposit is deemed necessary, unsuccessful bidders or offerors shall be entitled to return of surety after award of the bid or proposal. A successful bidder or offeror shall forfeit any surety required by this section and by the written notice and specifications upon failure to enter a contract approved by the city attorney, within ten (10) days after the receipt of the contract.
(c) 
If a bid or proposal deposit is not required, a successful bidder or offeror shall be liable in damages to the city to the extent of the difference in the original bidder's or offeror's contract and the next available bidder's or offeror's contract upon failure to enter into a contract approved by the office of city attorney within ten (10) days after the receipt of the contract.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
Except as provided by subsection (b) below, bids and proposals initiated by the purchasing division shall be submitted sealed to the purchasing division and shall be identified as a bid or proposal on the outside envelope.
(b) 
Electronic bids and proposals shall be submitted pursuant to the purchasing division's electronic bid submission rules and procedures as approved by the city council pursuant to chapter 252 of the Texas Local Government Code, as amended.
(c) 
Bids shall be opened in public at the time and place stated in the public notices.
(d) 
Where provided in the request for proposals, proposals shall be opened so as to avoid disclosure of contents to competing offerors and kept secret during the process of negotiation; however, all proposals received by the city shall be open to public inspection after contract award, but trade secrets and confidential information shall not be open for public inspection pursuant to chapter 252 of the Texas Local Government Code, as amended.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2016-9798, § 1, adopted 4/28/2016)
(a) 
Discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
(b) 
As provided in the request for proposals, discussions may be conducted with the offerors who submit proposals determined to be reasonably qualified for selection for award.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
The division of purchasing shall have the authority to recommend to the city manager that the city council reject all bids and proposals, part of all bids or proposals, or all bids or proposals for any one or more suppliers or contractual services included in the proposed contract, where the public interest will be served thereby.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
Recommendations.
With the consent of the director of the user department, the purchasing manager or the purchasing manager's designee shall recommend to the city manager that the award of contracts with a contract value less than or equal to the threshold amount as approved by the city council shall be awarded and signed by the city manager or the city manager's designee, and contracts with a contract value greater than the threshold amount as approved by the city council shall be awarded by the city council and signed by the city manager or the city manager's designee, be made within the purview of this article.
(b) 
Award to lowest responsible bidder.
Contracts resulting from competitive bidding shall be awarded based on the recommendation of the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the recommendation may consider:
(1) 
The ability, capacity, and skill of the bidder to perform the contract and provide the service required.
(2) 
Whether the bidder can perform the contract to provide the service or make delivery within the time specified, without delay or interference.
(3) 
The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(4) 
The quality, workmanship, or performance of previous contracts or services.
(5) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.
(6) 
The sufficiency of the financial resources and ability of a bidder to perform the contract or service.
(7) 
The quality, availability, and the adaptability of the supplies or contractual services to the particular use required.
(8) 
The ability of the bidder to provide future maintenance and services for the use of the subject of the contract.
(9) 
The number and scope of conditions attached to the bid.
(10) 
Prior experience or knowledge of the bidder concerning a particular field or piece of equipment.
(11) 
The safety record of the bidder.
(c) 
Award to other than low bidder.
When the recommendation to the city manager that the award is to be given to other than the lowest bidder, a formal and complete statement for the reasons of this recommendation for placing the order elsewhere shall be prepared by the director of the user department and filed with other papers relating to this transaction to be sent to the city manager.
(d) 
Tie bids.
(1) 
Local vendor. When there are tie bids, quality and service being equal, the director shall recommend to the city manager that the bid be awarded to the local bidder.
(2) 
Multiple local vendors. If two (2) or more of the bidders submitting identical bids are local bidders, the director of the user department shall recommend to the city manager that the award of the contract be made to one (1) of the tie bidders by drawing lots by the purchasing division.
(3) 
Where the above sections are not in effect, the director shall recommend to the city manager that the award of the contract be made to one (1) of the tie bidders by drawing lots by the purchasing division.
(e) 
Competitive sealed proposals.
Contracts resulting from competitive sealed proposals should be awarded by the city council on the division of purchasing's and user department's recommendation to the responsible offeror whose proposal is determined to be the most advantageous to the city, taking into consideration the relative importance of price, other evaluation factors specified in the request for proposals, and the relative weight to be given each factor as specified in the request for proposals. The recommendation may also consider the following:
(1) 
The ability, capacity, and skill of the offeror to perform the contract and provide the service required.
(2) 
Whether the offeror can perform the contract to provide the service, within the time specified, without delay or interference.
(3) 
The character, integrity, reputation, judgment, experience, and efficiency of the offeror.
(4) 
The quality or performance of previous contracts or services.
(5) 
The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services.
(6) 
The sufficiency of the financial resources and ability of an offeror to perform the contract or service.
(7) 
The quality, availability, and the adaptability of the supplies or contractual services to the particular use required.
(8) 
The ability of the offeror to provide future maintenance and services for the use of the subject of the contract.
(9) 
The number and scope of conditions attached to the proposal.
(10) 
Prior experience or knowledge of the offeror concerning a particular field or piece of equipment.
(11) 
The safety record of the bidder.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2024-10922, § 4, adopted 5/30/2024)
The division of purchasing shall have authority to require performance or supply bonds, liquidated damage clauses, or any other types of surety in such amount as it shall find reasonably necessary to protect the best interest of the city.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
All purchases of supplies, goods, materials, and services that do not exceed in estimated value the amount of money specified in section 252.021(a) of the Texas Local Government Code may be made in compliance with such rules and regulations as the financial services department in conjunction with the city manager or the city manager's designee shall adopt for the internal management and operation of the division of purchasing and other such rules and regulations as shall be prescribed by the city manager and the city council. The open market procedure is as follows:
(1) 
Award of contract.
The user department or purchasing manager shall award the contract for purchases to the lowest responsible bidder if the award is in the best interest of the city as determined by the user department or purchasing manager; otherwise the user department or purchasing manager may recommend rejection of the bid.
(2) 
Recordkeeping procedure.
The division of purchasing shall keep a written record of all bids solicited, received, and awarded under this section, which record shall be open for inspection by the general public.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2024-10922, § 5, adopted 5/30/2024)
(a) 
By division of purchasing.
In the case of an apparent emergency which requires immediate purchase of supplies or contractual services as authorized by the Texas Local Government Code, the city manager or the city manager's designee shall be empowered to authorize the division of purchasing to secure by open market procedure, as herein set forth, at the lowest obtainable price, any supplies, goods, materials, and services regardless of the expenditure. A full report of the circumstances of an emergency purchase shall be filed by the using department and the division of purchasing with the city manager, who in turn shall file same with the city council, and it shall be entered in the minutes of the council and shall be open to public inspection.
(b) 
By head of departments.
In case of an actual emergency, with the consent of the division of purchasing and the approval of the city manager when possible, the head of any using department may purchase directly any supplies or services where immediate procurement is essential to prevent delays in the work of the using department which may vitally affect the life, health, or convenience of the citizens. The head of such using department shall send to the division of purchasing, city manager, and chief financial officer a copy of the requisition and a copy of the delivery record together with the full and written report of the circumstances of the emergency. The report shall be filed with the city council, and it shall be entered in the minutes of the council and open to public inspection.
(Ordinance 2009-9089, § 1, adopted 7/9/2009)
(a) 
Except for contracts made by the city attorney's office in connection with its provision of legal services on behalf of the city and its employees or representatives, all proposals for professional services, personal services, and high technology procurements shall be secured in accordance with such rules and regulations as established by the division of purchasing in conjunction with the city manager or the city manager's designee and applicable state law.
(b) 
The awarding of contracts for professional services and personal services with a contract value greater than the threshold amount as approved by the city council shall be awarded by the city council and signed by the city manager or the city manager's designee, otherwise the contract may be approved and signed in accordance with section 16-27 of this chapter.
(c) 
Any award of a contract for professional services shall be done in accordance with applicable state law.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2023-10749, § 1, adopted 3/17/2023; Ordinance 2024-10922, § 6, adopted 5/30/2024)
The city manager or city manager's designee is hereby authorized to sign the following agreements when approved as to form by the city attorney or the city attorney's designee:
(1) 
Fire line service agreements.
(2) 
Agreements, including purchase agreements for goods and services, contracts for professional services and personal services, and grant agreements, which in total, represent a contract value less than or equal to one hundred thousand dollars ($100,000.00).
(3) 
Amendments, addenda, or change orders to agreements, including purchase agreements for goods and services, contracts for professional services and personal services, and grant agreements, which have previously been approved by the city council and which amendments do not exceed the amounts set out in sections 252.021 and/or 252.048 of the Texas Local Government Code, and as amended.
(4) 
Agreements permitting the use of city facilities and property.
(5) 
Real property acquisitions within the following guidelines:
a. 
Real property acquisitions negotiated to a settlement of five thousand dollars ($5,000.00) or less, regardless of appraised value/staff valuation.
b. 
Real property acquisitions negotiated to a settlement above five thousand dollars ($5,000.00) but not more than two hundred thousand dollars ($200,000.00), with an appraisal and/or staff valuation.
c. 
All real property acquisitions negotiated to a settlement above two hundred thousand dollars ($200,000.00) must be approved by council action, unless otherwise provided in this section.
d. 
Real property acquisitions for the Lake Chapman Water Supply Project and outside of Dallas County negotiated to a settlement of fifty thousand dollars ($50,000.00) or less, regardless of appraised value/staff valuation.
e. 
Payments for damage to land and/or seasonal crops during surveys, preacquisition activities, construction, repair, or maintenance for the Lake Chapman Water Supply Project caused by vehicular and/or construction equipment access through the easement area and/or adjacent routes to and from public roads or other points of entry may be negotiated up to a settlement amount of fifty thousand dollars ($50,000.00).
f. 
In eminent domain cases where the special commissioners have entered an award, the city manager, or the city manager's designee, is authorized, but not required, to deposit the award of the special commissioners into the registry of the court, and the city attorney, or the city attorney's designee, is authorized, but not required, to file an appeal of such award.
(6) 
Irving Arts Center's grants under the Founders Fund Financial Assistance Program provided that such grants are approved by the Irving Arts Board and that the total amount of all such grants each year are at or within the amount approved for such grants in the annual budget approved by the Irving City Council.
(7) 
Municipally owned service pole collocation attachment license agreements.
(Ordinance 2009-9089, § 1, adopted 7/9/2009; Ordinance 2014-9644, § 1, adopted 12/11/2014; Ordinance 2018-10029, § 1, adopted 2/15/2018; Ordinance 2023-10749, § 2, adopted 3/17/2023; Ordinance 2023-10802, § 1, adopted 9/14/2023; Ordinance 2024-10922, § 7, adopted 5/30/2024)