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COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQU ST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: zommv Tomlinson
MEETING DATE: August z4, 1993
OFFICE: Auditor
TIME PREFERRED:
SUBJECT:	(PLEASE	BE	SPECIFIC) consider Qoinz out for bids for out-side
Auditors	for the fisca	l ye	ar ending 9/30/93.
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE CQURT:~ Auditor
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : r~
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation w111 be appreciated and contribute towards
your request being addressed at the earliest opportunity, See Agenda Request
Guidelines.
COUNTY AT'T'ORNEY
COUNTY OF KERB
STATE OF TEXAS
DAVID Money, co~a~y n.mm~y
IISE D. BAILEY, Assuewr Counry Aaomcy
HAROIDJ. DANPORD. Auinm~ Counry Aao~ocy
August 16, 1993
Hon. Judge William G. Stacy
Counry Judge, Ken County, Texas
Kerr County Courthouse
700 East Main Street
Kemille, Texas 78028
KexxcouNrrcouxTr~ouse
]00 EAST MAIN STREET
KERRVLLCE, TEXAS ]9019 N~4
]F.L. (1~0) 996~N38
FAX (LO) 15]-6]l6
Re: County Attorney Opinion 93-13: Time Frame For Notice for Outside Auditor For
County
Dear Judge Stacy:
You have asked us to identify the statutory time limits involved in publishing notice of
the county's intent to hire an outside auditor to review the county's books.
The applicable law can be found in the Local Government Code, Chapter 115,
Subchapter C. This subchapter provides that the commissioners' court may present a written
resolution at a regularly scheduled or called meeting, which resolution shall contain notice of
the court's intent to hire an outside auditor to review the county's books. Id., §115.031(e).
This notice is presented at the first meeting, but carries over to the next meeting before it is
adopted. Id. Our recommendation is that the agenda for both meetings should contain an
agenda item reflecting that this matter is to be considered.
The resolution must state that the court fmds the outside audit to be justified by an
imperative public necessity, and it must state a reason for the audit. The statute provides that
the court may fmd that it considers the audit necessary for the court to determine and fix the
proper appropriation and expenditure of public money or to determine and fix a proper tax levy.
Id., §115.031(d).
After presentation to the court at the first meeting, the court shall cause the notice to be
published once in a newspaper of general circulation in the county. Id., §115.031(f). The
statute does not state a time limit for when the notice must be published, unless there is no
newspaper of general circulation, in which case, the notice must be posted at the courthouse and
two other public places for at least ten days preceding the meeting at which the resolution is to
be adopted. Since the statute gives us no guidance as to time limits where there is a newspaper,
we recommend following the same time limits as would be appropriate where there is no
Judge W. G. Stacy
August 16, 1993
Page 2
newspaper, i.e., publication once after the resolution is presented, and at least ten days before
the resolution is to be adopted.
To be implemented, the resolution must be adopted by a majority vote of the four
commissioners and must be approved by the county judge at the next regular meeting of the
court. Id. §115.031(8).
I hope this answers your question. If you need any additional information, please let us
know, and we will try to assist you.
Yours truly,
_~~ ^ ' p
~-p 1
Davidcc....11M~/oiitiey
County Attorney
IB/ib
ce: Hon. Ray Lehman, County Commissioner
Hon. T. H. "Butch" Lackey, County Commissioner
Hon. Glenn K. Holekamp, County Commissioner
Hon. Bruce Oehler, County Commissioner
O)INW!lVSU.O)N
KERB COUNTY
REQUEST F'OR PROPOSAL
Kerr County is seeking to contract with a qualified certified
public accounting firm to perform an annual audit of financial
records for the fiscal year ending September 30, 1993, and a
single audit for the Texas Juvenile Probation Commission.
Information can be obtained at the Kerr County Auditor's office
at 700 Main Street, Kerrville, Texas or by calling 210/896-1337.
Please submit proposals with qualifications to the Kerr County
Clerk by 5:00 p.m., September 10, 1993.
Proposals will be opened during the regular meeting of the Kerr
County Commissioners' Court at 11:00 a.m. on September 14, 1993.
The County reserves the right to negotiate with any and all firms
that submit proposals.
Kerr County is an equal opportunity employer.
Please publish on these dates: Thursday, August 26, 1993
Thursday, September 2, 1993
Please send affidavit, tear sheet & invoice to:
Kerr County Commissioners' Court
c/o County Auditor
700 Main, Room 113
Kerrville, Texas 78028
ORDER NO. 21558
APPROVAL ~ ADVFI2TISE FOR PROPOSALS
FOR AN WTSIDE AUDIT FOR THE FISCAL
YEAR ENDING SEP'PEMBER 30, 1993
August 24, 1993
Vol T, Page 138