The city of Kyle is set to conduct its first-ever audit studying whether its facilities and programs comply with the Americans with Disabilities Act.



On June 3, Kyle City Council took a step toward approving the appropriation of $121,400 for the audit, which was not included in the city's FY 2014 budget.



A number of advocates informed the city it needed to conduct the audit, a claim that was reviewed by the city and found to be true, City Spokesman Jerry Hendrix said.



"It was brought to our attention that it was something we were supposed to have done," Hendrix said. "It's not because we didn't want to do it; it's because we didn't know about it. My understanding is we aren't the only city in that boat."



The city then sought bids from contractors wanting to conduct the audit and approved a contract, Hendrix said.



The June 3 approval of the ordinance's first reading was met with opposition from councilwomen Diane Hervol and Samantha Bellows-LeMense



Bellows-LeMense, who said she agreed with the council the audit needed to be done, said the council should wait until the budget season for FY 2015.



But with the U.S. Department of Justice taking action against municipalities that have yet to conduct an audit, the city would be wise to take swift action, Mayor Lucy Johnson said.



"I feel like we are completely open to any lawsuit at any time," Johnson said. "In terms of ADA lawsuits, we have shown very little in terms of coming into accessibility. The fact that we haven't started an audit makes us more susceptible to lose a lawsuit."



Kerry Urbanowicz, the city's parks and recreation department director, said that all municipal buildings were in compliance with ADA standards when they were built but, as the guidelines are constantly evolving, may have since fallen out of compliance, he said.



If the city is deficient in any area, Urbanowicz said, they are likely minor structural components.



"But we need to do the audit to find what those small things are," he said.



Small fixes can likely be budgeted for, city officials said. However, if the audit identifies serious shortcomings, alternative funding, such as a bond issue, could be considered, Hendrix said.



The contracted firm will not only audit the city's compliance with the ADA but also develop a transition plan for attaining full compliance.



"This audit will give us a snapshot in time of any areas we might be deficient and give us an idea of what we need to do to catch up," Hendrix said.