ORDER N0.31056 ANNUAL AUDITS FOR ESD #1 AND ESD #2 Came to be heard this the 27th day of October, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously approved by a vote of 4-0-0 to: Authorize, by Court Order, for the County Auditor to do the ESD #1 & #2 audits as required, including the limited qualifying language. ~31 D Sb ~.~ COMMISSIONERS' COURT AGENDA REQUEST MADE BY: Bruce Oehler, Pct.4 MEETING DATE: October 27, 2008 OFFICE: County Commissioner TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to authorize the County Auditor to prepare the annual audits for ESD #1 and ESD #2 pursuant to Health and Safety Code section 775.0$2. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Oehler, Pct. 4 EST]MATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. SeC. 775.082. AUDIT OF DISTRICT. (a) The county auditor of a county that contains any part of the district shall have access to the. books, .records, officials, and assets of the district. (b) A district shall prepare and file with the commissioners court of each county that contains any part of the district on or before June 1 of each year an audit report of the district's fiscal accounts and records.. The audit shall be performed and the report shall be prepared at the expense of the district. The county auditor, with the approval of the commissioners court, shall adopt rules relating to the format of the audit and report. If a district is located in more than one county, the county auditors, with the approval of the commissioners court of each county in which the district is located, shall adopt uniform rules relating to the format of the audit and report. (c) The person who performs the audit and issues the report must be an independent certified public accountant or firm of certified public accountants licensed in this state, unless the commissioners court by order requires the audit to be performed by the county auditor at least 120 days before the end of the district's fiscal year. (d) The commissioners court, on application made to the commissioners court by the district, may extend up to an additional 30 days thedeadline for filing the audit report. (e) If the district fails to complete and file the audit report within the time provided by Subsection (b) or (d), the commissioners court may order the county auditor to perform the audit and issue the report. If a district is located in more than one county, the commissioners court of each county in which the district is located shall designate by joint order a county auditor of one of the counties to perform the audit and issue the report. (f) The district shall pay all costs incurred by the county auditor to perform an audit and issue the report required by this section, unless otherwise ordered by the commissioners-court or by joint order of the commissioners courts, if the district is located in more than one county. Added by Acts 1993, 73rd Leg., ch. 195, Sec. 2, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 392, Sec. 5, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 120, Sec. 1, 2, eff. Sept. 1, 2005. PUE'~c~C PARTICIPATION FORS r` ~~~ FOR ti~ 0' KERB COUNTY COMM`fSS1ONERS' COURT INStRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the. COUNTY CLERK rior to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please make sure you have one extra copy for the Clerk to ensure that one is put into the record. Nam ~N e TRH K I f Address: ~ ~ Telephone: ~30 _ 3~P7-' ~ ~-t Place of Employment: (~- ~~ ~~ r -~ ~~ Employment Telephone: Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name,, address and telephone number of such group or organization: re5r o~ ~r ~. Q _ Whieh Agenda Item (or Items) do you wish to address: ~ In general, are you. for or against such Agenda Item (or Items)? For ~ A ainst Signature NOTE:.This Public Participation Forrn must be presented to the County Clerk prior to the'time the agenda item(s) are discussed.