Lea,

 

Bruce says that you sent him something that satisfied Item 8 in his list below.  Do you have something that addresses this?

 

8.	Provide written evidence that Ron Whitehead and Lea Dunn are authorized to sign the application for the applicant pursuant to Title 30 Texas Administrative Code (TAC) §295.14(5),
which states: 

 

If the applicant is a corporation, public district, county, municipality, or other corporate entity, the application shall be signed by a duly authorized official.  Written evidence
in the form of bylaws, charters, or resolutions which specify the authority of the official to take such action shall be submitted.  A corporation may file a corporate affidavit as evidence
of the official’s authority to sign.

 

Thanks,

Clay Barnett, P.E.

Town Engineer

Town of Addison

16801 Westgrove Drive

Addison, TX 75001-2818

Office: (972) 450-2857

 <http://www.addisongreen.info/> 

 

-----Original Message-----
From: Ext_mail John Hill 
Sent: Monday, March 22, 2010 5:37 PM
To: Clay Barnett
Subject: RE: TCEQ comments

 

Clay, I’ve taken a quick look at the City Charter and Code of Ordinances to see if I can find some authority that delegates to the City Manager the authority to sign an application.
 The closest appears to be the authority in Section 3.03(b) and (c) of the City Charter that empowers the City Manager to:

 

(b)        Direct and supervise the administration of all departments, offices and agencies of the town, except as otherwise provided by law or this Charter.

 

(c)        See that all state laws and Town Ordinances are effectively enforced.

 

If the application is required in order that State law be enforced, subsection (c) of Section 3.03 arguably gives the City Manager the authority to sign an application so that State
law is enforced.

 

The only other provision that I found is in Section 5.33 of the Charter, regarding purchasing.  Subsection (a) of that Section states that the Council can by ordinance give the City
Manager “general authority to contract for expenditure without further approval of the Council for all budgeted items not exceeding limits set by all the Council.”  The City’s purchasing
policies may currently do that.  However, if the application does not involve purchasing, then Section 5.33 wouldn’t apply.

 

Otherwise, the City Manager can be authorized to sign the application upon direct action taken by the City Council at a Council meeting.

 

John

 

________________________________

From: Clay Barnett [mailto:cbarnett@addisontx.gov] 
Sent: Monday, March 22, 2010 4:55 PM
To: John Hill
Subject: FW: TCEQ comments

John,

 

We are looking for No. 8 below.

 

Thanks,

Clay Barnett, P.E.

Town Engineer

Town of Addison

16801 Westgrove Drive

Addison, TX 75001-2818

Office: (972) 450-2857

 <http://www.addisongreen.info/> 

 

-----Original Message-----
From: Bruce Dunne [mailto:bdunne@icon-engineers.com] 
Sent: Monday, March 22, 2010 4:40 PM
To: Clay Barnett
Subject: TCEQ comments

 

These are the three remaining comments that we need to address:

 

6.	Submit signed and recorded conveyance documents showing the complete chain of title from Multivest Real Estate Fund Ltd Series V, current owner of record, to the applicant. 

 

7.	Clarify the name of the applicant.  The application is in the name Town of Addison, but there are multiple existing TCEQ permits under the name City of Addison (CN600741433) and none
under Town of Addison.  If the correct name is Town of Addison, complete the enclosed TCEQ Core Data Form and return it. 

 

9.	Provide written evidence that Ron Whitehead and Lea Dunn are authorized to sign the application for the applicant pursuant to Title 30 Texas Administrative Code (TAC) §295.14(5),
which states: 

 

If the applicant is a corporation, public district, county, municipality, or other corporate entity, the application shall be signed by a duly authorized official.  Written evidence
in the form of bylaws, charters, or resolutions which specify the authority of the official to take such action shall be submitted.  A corporation may file a corporate affidavit as evidence
of the official’s authority to sign.

 

 

BRUCE F. DUNNE, P.E.

President

icon Consulting Engineers, Inc.

Bicentennial Financial Center

250 W. Southlake Blvd., Suite 117

Southlake, Texas  76092

Phone: (817) 552-6210

Fax: (817) 552-3126

Mobile: (817) 707-9711

 

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