HomeMy WebLinkAbout1698 08-16-2005ORDINANCE NO. 1698
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED
"ADMINISTRATION" OF THE CODE OF ORDINANCES, CITY
OF EULESS, TEXAS, TO AUTHORIZE CERTAIN AUDITS TO
BE UNDERTAKEN AT THE DIRECTION OF THE CITY
MANAGER OR THE CITY MANAGER'S DESIGNEE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City of Euless utilizes employees of the city to conduct internal
audits of programs, funds, departments and /or divisions of the city; and
WHEREAS, recent Legislation enacted by the Texas Legislature authorizes the non-
disclosure of an auditor's working papers when such audits are authorized by an ordinance
or charter provision of a city; and
WHEREAS, the City Council of the city of Euless, Texas, finds and determines that
maintaining such auditor's working papers as confidential promotes and encourages
cooperation, disclosure and assistance to the auditor in conducting such audits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
SECTION 1
THAT ARTICLE VI, entitled "RECORDS MANAGEMENT" of Chapter 2, entitled
"ADMINISTRATION" of the Code of Ordinances City of Euless, Texas, is amended, by the
addition of the following new language following Sec. 2 -325 thereof:
"Secs. 2 -326 — 2 -340. Reserved."
SECTION 2
THAT Chapter 2 entitled "ADMINISTRATION" of the Code of Ordinances, City of
Euless, Texas, is herewith amended by the addition of a new ARTICLE VII to be and read
as follows:
ARTICLE VII. INTERNAL AUDITS
Sec. 2-341. Definitions
The term "audit working paper" has the same meaning, which is given to such term
in Sec. 552.116 of the Texas' Government Code.
Sec. 2 -342. Audits Authorized
The city manager, or the city manager's designee, has the authority to require one or
more employees of the city of Euless, authorized by the city manager or such designee, to
conduct audits, as directed by the city manager, or the designee, of any program, fund,
department or division of the city as the city manager, or such designee, shall direct. The
person or persons conducting such audit shall deliver a final audit report to the city manager
and/or such other employees of the city as the city manager or the designee of the city
manager shall direct. While the audit working papers of the person or persons conducting
such audit are exempt from disclosure under applicable provisions of state law, the final
audit report of such auditor shall be a public record.
SECTION 3
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall
be declared invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4
SAVINGS CLAUSE. That Chapter 2 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended by
this ordinance.
SECTION 5
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the State of
Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular
meeting of the Euless City Council on the 16th day of August, 2005, by a vote of
7 ayes, 0 nays and 0 abstentions.
APPROVED: APP A T
Mary Lib S.oleh, Mayor Bo McFarland, City Attorney
ATTEST:
Susan Crim, CMC, City Secretary