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HomeMy WebLinkAbout10-16-1979 1 AGENDA CITY OF DENTON CITY COUNCIL October 16, 1979 C Regular Meeting of the City of Denton City Council, Tuesday, October 16, 1979 at 700 P.M. In the Council Chambers of the Municipal Budding. Broadcast live on KNTU Radio, 98.5 F.M. 1. Consider the minutes of the Regular Meeting of October 2, F 1979 and the Special Called Meeting of October 9, 1979. 2. Public Hearings A. 2-1416. This is the petition of Mr. Jerry Cheatum k requesting a change of zoning from General Retail (GR) to Multi Family Restricted (MF-R) classification on an irregular shaped tract approximately 5.59 acres i' In size which begins immediately north of Hercules Lane, approximately 300 feet west of the Intersection of Hercules Lane And Stuart Road. 3. Consider an appearance by Tony Krause representing the InterFraternity Council of North Texas relative to their offer to provide voluntary services to the community. 4. Consider the request of Good Samaritan Village seeking { assistance under the k+rovisions of the Texas Housing Finance Corporation Act. ~ S r 5. Ordinanceas , A. Consider an ordinance amending the zoning map of the City of Denton changing the zoning from Agricaltural a (A) classification to Single Family (81-16) on 10.45 acres of land located south of tha intersection of Teasley Lane and Pennsylvania. 2-1415. Mr. Robert Nichols. P B. Consider an ordinance providing for final action on the petition of Dale Cunningham (Texas instruments) f for annexation and Light Industrial (L.I.) zoning 1 classification on 295 acres located on the north side• of Highway 77, adjacent and east of Bonnie Brae 1 Road. 2-1408. I r I gip,,,..-. _ I ! I City Council Agenda October 16, 1979 Page Two i 6. Resolutiones A. Consider a resolution presented by Ms. Martha Robbins relative to her request that the city act as I co-sponsor of the Denton Redbud Festival. 1 B. Consider a resolution closing off Oak Street between Locust and Elm on Sunday, October 28, 1979 from 12100 Noon to 800 P.M. as requested by the Sponsors of the Denton Art and Energy Fair. i C. Consider a resolution authorizing the transfer of the controlling stock interest In Cox Cable of Texas, inc. to General Electric Company. } r 1 u. Consider a resolution giving notice of Intention to issue City of Denton, Taxes Certificates of Obligation fo. & Central Fire Station. I E. Consider approving a resolution purchasing approximately 7,000 square feet of land located on East Sycamore Street from First State Bank of Denton, Trustee and Lorene Sheppard Darrow CoTrustee. 7. Consider a report on TMPA activities. 1 t 8. Consider a progress report on the Charter Revision. j 9. Consider quitclaim of a utility easement located in the Denton Center parking lot near University Drive. 10. Consider disposition of property adjoining the Right of Way proposed for Mingo Road extension. ! 11. Consider a re.ommendation from the Planning and Zoning Commission regarding subdivision requirements for paving of .3treets adjoining a subdivision. ; 12. Consider amending the contract with Denton County for ambulance service. 13. Consider letting bids for a park development near the Phoenix (Dreamland) apartment complex. 11. Consider letting bids for the Robertson Street Underpass. 1 i City Council Agenda October 16, 1979 Page Three i 15. Consider letting bids for drainage improvements for two sections of Pecan Creek between Bradshaw and Ruddell Streets, 16. Consider setting the October 23, 1979 Study Session Agenda. 17. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each Item in accordance with the staff recommendations. f A. Referrals f 1. Z-1419. This Is the petition of Mr, H. S. f Osborne requesting annexation and Agricultural The zoning classification on a .38.7 acre tract. property has approximately 40 feet of frontage along the ea,%t side of Country Club Road (FM 1830) and begins approximately 1800 feet south of the intersection of Hobson Road and FM 1830. C 2. Z-1420. This is the petition of Mr, Tom Jester j requesting a change of zoning from Single Family (SF-7) t0 Multi Family (MF-1) zoning classification on a 4.8 acre tract, The parcel is located along the east side of Mockingbird Lane and begins approximately 175 feet north of j the intersection of East McMinney Street and Mockingbird Lane. 3, Z-1421. This is the petition of Mr. James Dentico requesting a change of zoning from Agricultural (A) to Single Family (SF-13) zoning classification on a 32,75 acre tract located j approximately 290 feet east of the Monteeito Del Sur Subdivision, 4. 2-1422. This is the petition of the City of Denton seeking Annexation and Agricultural (A) ; zoning classification on a 1456 tore area beginning at the present City limit line and I ~ I' I 4 i I i City Council Agenda October 16, 1979 Page Pour I, extending north 600 feet beyond the centerline of the proposed North Loop 289. Proposed North Loop 288 ! i extends from Highway 380 east to I-35 north, along the northern perimeter of the City. B. Bids/Purchasa Orders 1. Bid 48685 Traffic Signal Poles a Arms. 2. Bid 48689 Tires, Tubes, & Tire Service. 3. Bid 48691 Batteries. 4. Bid 48693 Cast 6 Ductile Iron Pipe. 5. Bid 48694 Clay pipe and Fittings. 6. Did 48697 Side Loading Refuse Truck Body. 7. Bid /8698 4 yd, Refuse Containers. C. Plates M 1. Consider final subdivision plat of Good Samaritan Addition. f 2. Consider final subdivision plat of Wimbleton Village Phase I. s 3. Considex final subdivision plat of shady Oaks f Industrial Park. r 4. Consider final subdivision plat of East McKinney Street Addition. ; Is. Executive Session I A, Legal Matters B. Real Estate fC Personnel a { 0. Board Appointments i 19. Consider Board Appointments I i D I I n, 4 I City Council October 2, 1979 , Regular Meeting of the City Council of the City of Denton, Toxas, Tuesday, October 3, 1979 at 7:00 p.m. Us the Council Chamber of the Municipal Building. PRESENT: Msyor Nash, Mayor Pro Tem Stepphens, Members Stewart, Vols. { and Hensley1 City Manager Chria Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt, 1. Motion was made by Stewart, seconded by Stephens that the minutes of the regular meetlne of September 1, 1979, the special celled meeting of September 11 1919 the regular ■s ting of September 11, 1919 and the special cattail meeting of September 25, 1979 be approved with corrections. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held an 2.1415, the ppetition of Mr. Robert Nichols, requesting a change in coning from AgelCultural (A) to Single Family (SF•10) elsssifieatiou on a 10.15 sere tract located immediately south of the intersection of Teasley Lane and Pennsylvanis Street, and beginning approximately 710 feet east of the Nontecito Addition. Mayor Nash a ened the public hesrinl. After hearing one + speak in favor and none in apposltton, eM hesrin` was closed. City planner 'ohn Lavretta stated that water and sewer can be extended to the property. The planning and toning Commission approved the request unsnimous y, I1 I ' Motion was made by Stephens, seconded by Yeta that the petition be approved. Motion carried. E 3. The Council considered a report by Jim Nash from NTSU concerning utility construction in the NTSU area. Following a briefing by the City Manager, Mr. Nash statei 1 C es followat (A) All excavation activities are virtually complete. B The paving contractor will be saving in and hope- fully Vatching material would be ltyed. (C) It his Deen difficult to get eontraeters on the job, (D) 4aterials have been difficult to obtain. (B) The contractor is having difficulty patching water tines, particularly on Avenue C, (F) The contractor is filling holes as fait as he can. G Contract shows no requirment for temporary back fill, such as crushed rock. f (H) Mr. Nash used slides to show loeitiens of various k utility lines, including electrical, 1. The Council considered a staff report on the request of Golden Triangle Mall Company to improve Loop 281. A rtpresentaeive of the Mall Company requetred approval of a motion by the Council for the Mall to fund up to t rsximum of 1300,90 for improvements or assets alt or part of the construction either now j or at a later date. The City 4anager reviewed three alternatives: (A) City to accept offer of the Mail to fund up to a maximum of 53000000 for s Texts U-turn on 1.359. (B) Assets 111 or part of the construction now or later for widening of Loop tag from t•3SE to Solarsdo Or, (C) Leave the Loop as it is and deal with the problem at a toter data. Finance Oirentor 3111 4cNary projected •Se prsb 'it City sales tax for the first year from sales st the Nall. The figure was 1 October 2, 1979 Continued Motion woo made by Vela seconded by Nash to accept in 1 princiyyle the widening of Loop 2Sb from I•SSB to Colorado Drive and that tAa City wait for details to see if the Mall Company will pay 510.00 per font assessment on the project. Motion carried. S. The Council considered a contract with the Denton Chapter of Southwest Football Officials Association for services of referees. Motion was made by Stephens, sacoaded by Hensley to approve a contract with the Denton Chappter of Southwest Football Officials Association for services of referees at a cost of 51,560 annually. Motion carried. 111 e. The Council considered a contract with the Denton Soccer Association for services of officials. Motion was mad: by Stephens, seconded by Hensley to appprove a contract with the Denton Soccer Association for services of off totals at a cost of $1,500 . Motion carried, 7. The Council considered site plan approval for a portion of Planned Development 11, j Following a briefing by the City planner motion was mado by Stewart, seconded by Vela to approve the site pan of PD 17. Motion i + carried. B. The Council considered the request of the Texas Municipal League to contribute to the defense of the U. S. Steel lawsuit attack- ins the tons titution,:ity of the Taxes City Sales and Use Tax Act. Motion was made by Stewart, seconded by Vela to contribute ` Denton's share in defense of the sales tax. Motion carried, 9. The Council considered a request for the purchase o" ewer- ` it linty radio equipment for Civil Defense. i John Maxwell Civil Defense Director, advised that radio !I equipment would be uses in conjunction with the Civil Defense Skywarn Program. Maxwell advtsed that the following iteas were included in { the supplemental package of the 1950 budgets (A) A synthesized tva•meter radio to use when we haw severe weather star* warnings to live us the capa- city of using different base repeater stations in case one gets knocked out by a storm ...110500 ti (B) A ham radio to replace the one now being usal which is owned by Asxwell....11,100 (C) A spare antenna mast to have an hand in case • severe f storm destroys the existin tower on City, Nall which has antennas on it for police, Utilities, Sheriff ; and Civil Defense radio systoms..... $500.00 1 Motion was made by Stepphens, seeopdad by Hensley to request j the County, along with the City to work with Maxwell to procure !mer• lency radio equipment for Civil Defense, Motion carried. } j 10. The Council eonstdersd a report on the proposal of the i Charter Revision Committee relative to revising the City Charter. Dr. Charidian Newell, Charter Revision Committee Chairperson, was unabis to most with the Council. Howoyeri Jim Riddiesparger spoke for the minority of the Committee and Marvin loveless for the pajority. Both pointed out that many chanlaa word approved for recoeua• } endation to the Council. l Burt Solomons, Acting City Attorney, stated thst he had contacted the law firm of Sonar, Jack, Shcinger Nichols in Dallas relative to charter revision, that they expreese a willingness to help as an "independent consultant". This firm has in excellent iff reputation in the area of municipal law and they topresent several cities in this arcs (i.e., Richardson, Carrollton, Plower Mound, etc.). ~ 4 , j i I ~rli October 2, 1979 Continued Motion was made by Nash, seconded by Stewart to accept the recommendation of the Acting City Attorney to hire a law firs to draft a ballot as proposed oy the Ccuncll, to oat a data for the charter election and for the City 'a band attorneys to work with attorneys hired to work on recommendations of tha Charter Revision Committee. Motion carried. 1 it. The Council considered a report on Conflict of Interest. Acting City Attorney Burt Solomons made the following statementsi i (A) You have requested my opinion regarding whether a possible "conflict of interest" may exist in your situation of serving as the Mayor the City of Denton And (1) the performance of engineering services for i clients on tracts of land which came before the City Council for a change in toning or final Plat app- roval; and, (2) being a landowner requesting a change in toning or annexation by the City. (B) This sort of reasoning, therefore, leads me to find that in both situations which you describe a dis- s i qualifying interest is present= however, such a 7 conflict of interest may be cured by sispl Abstain- ins from the discussion and voting on the issue before the Council. It would be unreslonable to hold otherwise in the absence of an explicit prohibition or restraint by statute or city ordinance. (C) Abstention from discussion and voting on the parti- cular matter constitutes, in effect, a temporary resignation for limited purposes and would cure the potential for conflict. furthermore, it would be improper to personally appear before any board or commission in which you participate in appoint- M I i ing, (D) In the absence of a state statute, Charter Provision, I or City ethics ordinance specifically construing or restricting the situations described the rules of common law and public policy on "conflicts of interest" by public officials apply, and therefore, abstention from discussion and voting sufficiently cure whatever potential conflict exists. 124 The Council considered a progress report and issues rotating to the Wastewater rreatment Plant design. j The City Manesacr advised that the State has agreed to let Denton proceed with bidding the construction of the Wastewater Trost- want Plant without secondary filters. The State has not reached a j decision as to whether they will reduce affluent quality standards from the present 10 bODJ1S TSS. ; 13, The Council considered payment of enflneeriag fasa to Preece and Nichols for Wastewater Treatment Plant des go. Motion was made by Stewart, seconded by Hens U y to pay Prose and Nichols the total foe earned in the uaount of S2B3,e22.0D. Motion carried. 31. The Council considered a report on proposed annexation. The City Manager stated that annexation would be lnitlsto~d for the total 1500 acre area at the same time, i ! The City Planner stated that the annexation would be consider- ed by the Planning and !oning Commission on October 17. He further explained that the annexation of the area proposed being 800 feet north of the center line of Loop id! would cross tracts lesving same parcels ; i partly in the City and partly in the County. This would apply to j ''r October 2, 1979 Continued the 200 acre tract on the west side of Sherman Drive. :About So acres near the top of the hill on this tract would not be annexed, follow. ing the present criteria, is, The Council considered a contract with J 6 M Aviation for a temparary lease at the Municipal Airport as recommended by the Airport Advisory Board. M,irtin Miller of J I M Aviation said he was making applies- tlon for a temrorary lease at the Airport. there was Wright, Chairman othstethAirport eydesired a Board, 6 advsed contract with a 6 months option for 2 acres of land on which will be placed a small Morgan Building for use as an office, but no hangar space, Least will bf X270 rev month. Wright advised that the Airport Board recommended accepting lease contract, contract withiJndwMfAviation ate$210 pe-Cmonth as racomm ndedrby the Airport Board. Motion carried, i 16. The Council considered matters related to the Municipal 7 Airport. 1 J Council Member Vela stated that he has been doing some soul `f searching relative to the 1979 revised Airport Contract. He added that the 1979 Contract is f:% superior to the 1975 Contract and that the agricultural lease was erious impediment. i E Motion was made by Vela, seconded by Nash to follow the recommendation of the Airport Board to fay aside the matter of the R Airport agricultural lease and to forget the past. Notion carried, I 17. CONSENT AGENDA: Motion was made by Nash, seconded by Vela to approve the following consent agenda. Motion tarried. (A) REFERRALS: The following petitions were referred to the Planning and zoning Commission for its recommendattons i i t (1) 2.14171 the petition of Mr. J. R. Jonas, request. t int a ehan`e of tonin ■t 24t! Denison Strul, from Single Family > • to two Family ~2•F) giasaifieation an A lot maasurift 6 (SF 7) I feet a by iS feet. j (3) 2.1418, the petition of Me, Hardy Burke III and 4r. William Johnson reqquestins a change in toning from Sin le Family (SP-10) to Two Family (t•F) classification an lots 13 and ld.1t i Block 4056F located lions the fast side of Bonnd• Brae and beginning approximately 200 feet north of the into section of Bonnie grse and s Crescent Street. (B) BIDS AND PURCHASE ORDEASt (1) Bid 48663, aluminum wire, awarded to the low bidder, Temple, tnt., in the amount of S43,SOO. 1 (2) Bid 46687, telescoping work platform, awarded to Up-Right Scaffolds of Dallas, the only bidder, n the amount of (S,1S2. (31 Bid 46686 janitorial service at recreation center, awarded to Betty s Wald Service of Denton at SB00 per month fot a one year contract. { (4) Bid 45662, side loading refuse collection vehicles, awarded to Maxon Industries at 9164,070. y 3 E i j Pws October 2, 1979 Continued {S) Bidem 1 016tYo'7, Pr tirantesformers pply , awarded as foIIOwe esr Su at It !34,029.90! Item 2 to Westinghouse at !t/ 737 I tem 3 to Priester Supply at 1S0 112.70 Item Item S to WPololine estinghotoo Suiclatat~ld0420 Item 6 to Westhin house Supply at 5 S Item a to Cummings ats$11,~9'2',S6t l9,Sf9<1 Item 9 to Westhinghouse at !19 751 Item 10 to Cummins at !11,112.10 Item 11 to Oraybar at 112,221,75 Item 12 to Priester Supply at !1 1 Item 13 to Priester Supply at !2.,151307,52 (6) Purchase Order 039971 approved to Bailey Meter { Company in the amount of !34121.15. Company in the(7) Purchase, Order 04OS42 a PD roved to Ja;oe Public Am nt of 1 87S. i i (1) Purchase Order 04OS43 approved to Claude 'smith Excavating in the amount of IS,330. j ~ (9) Single source purchase of a Perkins D.ssel angina j from Cummins Sales 1 Service approved in the amount of 81,2SO. (C) PLATS; I final subdivision plat of the Motor Addition approved. 11. The Council recessed into i to discuss legal matters, real estate, personnelSean3ssion boa ogrs O=Op pI 01, ~ person a 1 , 19. The Council reconvened into public Session at 1p;1S Ao ntment . announce that no official Attica was to be taken. P'S' t4 Meeting edJourned at 10;41, } i . F t 1 i i r 4. i + l yr City Council October 9, 1979 Special Called MeetiR of the City Council of the City of Denton, Texas, Tuesday, October 9, 1979 ■t 7:00 p.m, in the Council Chamher :f the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stepphens, Members Stewart, Vela and Hensley; City Manager Chita Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. 1. The Council considered the following Resolution nominating a reyresentative from the City of Denton to the Board of Directors of the Denton County Single Appraisal Dlatrictr k AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DEITCH TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9TH DAY OF 66OBEQ. A.D. 1979. R E S 0 L U T 1 0 N i i WHEREAS, at the regular session of the 66th Legislature of the State of Texas passed Senate Bill 621 relating to ad valorem taxation of j ?roperty; and k YHEREAS, Senate Bill 621 establishes a single appraisal district in each county of the State of Texas which is responsible for appraising property in the district; and WHEREAS, the said appraisal district is to be governed by ■ Board of Directors= and WHEREAS each taxing unit in the county may nominate one candidate for a position on the said board of Directorsf NOW THEAEFORB, BE IT RESOLVED BY THB CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: i SECTION I. the City Council of the City of Dentin, Texas hereby nominates Raymond P1tts to fill a position on the Board of Directors of the County wide appraisal district. SECTION II. That this resolution be effective Immediately from and upon its pfissage and approval. PASSED AND APPROVED this the 9th day of October, A. D. 1979. i f ' DILL. NAZ H, MAYOR CITY OF DENTON. TEXAS ATTESTi BRT~YS'AdL~'CITp"SLCRg1"A1IY'""-" CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: s , CITY OF ^ENTON, TEXAS T04NEY i Motion wes made by Stephens, seconded by Stewart that the Resolution appointing Raymond Pitts as the representative from the City of Denton be passed. On roll call rote Hensley "aye", Stewart "Aye", Stephens "aye", Stephens "eye" and Nash "aye". Motion carried. { i I II October 9, 1979 Continued 7• The Council Considered the acquisition of property for drain. oeEast imements purposenoflthisrisuto pssthe vicinity market value as follows; tim toe fair i Byrd Iract•-17,187,76 sq. feet, At e flier market value of 87,250, Motion was made by Stewart, seconded by Yale to consider establishment of Just compensation of Sherman Byrd Tract -17,/x7.76 sq. feet at 82,750, and authorize the City Manager to negotiate for acquisition of this tract. Motion carried. The Council considered discussion on the application of penalties on utility bills. v Stewart -Citizens have called of billing relative to ern gular times . If a customer has more than one bill a month , theta should I1 be no Penalty. Hartungg••The present ordinance cannot be changed unless the Council changes it. Stewart asked that the City Staff look into this natter. Nash--The best thing is mono., to get the bills out on time each Hensley--Averaging bills could be the best method. i. The Council considered a progress report on speed and load E limits on Sherman Drive. trucks on Sherman Drive eraghaulin;eload$ fairlycclaseatoRttbe (Sells, tomPlaceta loadslimitmon theastreet6e However,ethishwouldnbelatffleult since this is a State road and about the only route into the City from that area of the County, Stephens--Could we make occasional checks on these trucks} Hsrtung-•"Yes, we will, and we hove in the past." grant fromttheCfederalcAviationdAdministration andotheiTexascAeronau- f tirportimialioa for a Lighting control project at Denton Municipal L OF H AT A ELD INETHELMUNICIPALOBUItD1NGTOPC5AtDIC1TY ONBTHECITY 9THFQAY OF DENTON VLAS A.D. 1979. R E S O LU T I O N t WHEREAS, the City Council (hereinafter termed "Body" of Denton, Texas, ■ home rule municips) corporation ofgtherStateaofity aperatIonrofntheeDentoneNunicipal AlryortI ndlch is responsible for WHEREAS, the texas Aeronautics Commission [TAC) has made arrangements with the Federal Aviation Administration (FAA) to obtain Airport F Development Aid Program (ADAP) Funds to partially pay for installation of a radio control on the runway lighting system at said Airport{ and s, h WHEREAS, the TAC has agreed to provide the remainder of the east of obtainyfunds andwlnstelitea said stem withoutadirectnlnvelvement oof the I its(( of, and without direct cost to, this Public Agencyt and I talnEsaidtsysteniandAoperate(It,endcthehAirportmInsaa ordance,withn- applicable TAC and FAA itemlards, E i I 1 October 9, 1979 Continued 9. The Council returned to Executive Session to consider board appointments. "r 10. The Council reconvened into Public Session to ■nnounce that no official Action was to be taken. Meeting adjourned at lOt4S p.m. y CLTY SEC 3 a ► s ; i ? f i I i ~ f 1 F i t s I . i 4 PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL i Z-1416 October 16, 1979 Identity: Z-1416 This is the petition of Mr. Jerry Cheatum requesting a change in zoning from General Retail (GR) to Multi Family Restricted (MF-R) classification on a 5.59 acre tract of land. Locationi This is an irregular shaped tract approximately 5.59 acres to size, which begins Immediately north of Hercules Lane approximately 300 feet west of the intersection of Hercules Lane and Stuart Road, and has approximately 300 feet of frontage along Hercules. The property also fronts along Stuart Road for a distance of approximately 390 feet. i Renorti f A preliminary plat for this site has previously been submitted and approved which subdivides the land into 20 lots and shows a street bisecting the development. The petitioner proposes duplex, triplex and four-plex housing for this tract of land. The site in this request is currently zoned General Retail (GR); a multi family use is permitted under the General Retail classification because it is a more restrictive use. Nevertheless, the petitioner is requesting a change in zoning so that future property owners/tenants in this development will not be able to operate a business out of their residence. J f Single Family housing is found immediately to the north and west of }I the site in this request, and undeveloped land on the south side of Hercules and east of Stuart Road. The Planning and Zoning Commission felt that a low density multi family development would provide a better transition to possible future development of General Retail immediately northwest of the inter- section of Hercules Lane and Stuart Road. Water and sewer can be extended to support the proposed land use and there will be adequate capacity in he lines. The proposed street will have immediate access to Stuart Road and Hercules Lane ! i The Planning and Zoning Commission unanimously recommends approval of zoning petition Z-1416. 1 {I ".U +r 't'~". ~1/i . w,•f . ] : •7}x.1 f1 11 ♦'-•1~~r^ f Wit...., d,I •.:~W'r 61 7 1 1'• ~ ~ b1 r rl r~ ]~f', L . a N~ . r,. i 17. ri '~'~M.. -OW r. j ! S ~'~(i'+1'~~.1 ~'1l~11'..;~+~lireyi7 ,I: t 0.T• `b ~ + y r i~}~t<tir'`* zft • ft~6 '•lr IVVIfIo,rA ~y y.; JN~~~ r t1,~•{.,1... ~,l •~•I IP I iA ~n1.T.<;1" . ! ~r~i♦r♦•~ ~ , Y. r M:~...w ' F 1 ,1..~~L i` rijtr~ ! ,111 • lea , ~ ; r~4.ir er t ~ ~,,".r..e 1.2r.•UI•„w.~ • s1+' tr i rw , h lop °w1-YA ..w •o .1 1 ♦R^",vier. ' Ift' i~ f~yra `~'rli..f.~j,S .rr 1, 1. j t ,1~ t C~• + ,r.~ ~,rr of 44 t. e ~ M,1 .~.1. l .r Af r.t,• r ~ 4 ll~}1d 1 r t 1 HERLCUL Xri 4 4 r 1;..x/14, 1, f+ ~•P~~ni ~..r .a'3 •r •r,,-R•'f,Y ..~'~j ~s a.,~, ;J. 1 ~ ~ • i.~{--+,~,~ M. ~ ~ ~ ` III r } f .!♦~yi,y 1i• / ' / / y, 1 t.4 lam, / •rI' t r ♦ Sl4V VALLEY. AIV ~I iv, , f:• Ytilt' a ' , . 4 11, a • ' AJL~ I Minutes Planning and Zoning Commission September 19, 1979 The regular meeting of the Denton Planning and Zoning Commission was held on September 190 1979, at 5 p.m. in the Council Chambers of the Municipal Building. PRESENT: Bill Brady, Robert LaPorte, Don Ryan, Andy Sider, and Richard Taliaferro. Staff members: John Lavretta, Charles Watkins, Rick Svehla, Steve Fanning, and Secretary, Sue Wigand. ABSENT: Marilyn Gilchrist and Linnie. McAdams. 1. Approve the minutes of the September 5, 1979 meeting. Motion made by Sider and seconded by Taliaferro to approve the minutes as written. Motion carried unanimously. (Don Ryan not present at this time.) II. Public Hearing i A. Z-1416. This is the petition of Mr. Jerry Cheatum requesting a change in zoning from General Retail (GR) to Multi-Family , Restricted (MF-R) classification on a 5.59 acre tract which begins immediately north of Hercules Lane and approximately 300 feet west of the intersection of Hercules and Stuart Rd. Jerry Cheatum, owner of the above property, stated the desire to develop duplexes, triplexes and fourplexes on the property. He would like a change in zoning to protect future property owners and tenants. i Bud Jennings, resident of 601 Sun Valley, also representing his mother, spoke in apposition, stating that he moved to the %rea i E because there were no apartments. He stated that he would prefer j Caneral Retail zoning to apartments. He felt apartments would f bring more children and ovarct^!!d the nearest elementary school. Commissioner Don Ryan arrived at this time, ~ t Lewis Murphy spoke in opposition, stating that he agreed with i I Bud Jennings. He felt traffic would increase with apartments. ` Commisstv,,.r LaPorte clarified that Mr. Cheatum would be able I to build apartments as the area includes MF-R zoning now. Lewis Murphy stated that he would not like apartments built is the area. Bud Jennings spoke again in opposition stating that the value of homes near the said area would go down if apartments were built. t Eddie Johnson, resident of 608 Juno, spoke in opposition. His desire was to see the said area toned completely residential. -2- Bill Brady pointed out that this case represents the desire of the petitioner, Jerry Cheatum, to build duplexes, triplexes, and four- plexes, not apartments. Richard Taliaferro suggested that 4f the residents were concerned about the value of their homes, it would be in their best interest /I for the area to be zoned Multi Family Restricted rather than J` General Retail, since property values are affected more by General Retail than by Multi Family Restricted. i Jerry Cheacum states tart the lots for his duplexes, triplexes, and fourpiexes have to be 8,000 to 10,000 sq. feet, and these buildings would not detract from the value of the surrounding homes. He also stated that $110,000 to $130,000 would be the cost of the buildings. He had talked with the school official and the official had assured him that the extra children would not be a piobiem for the school. Commissioner Robert LaPorte asked Jerry Cheatum if, in his experience as a developer, homes would be hurt more by a Multi Family Restricted zoning or a General Retail Zoning. Jerry Cheatum replied that they would be hurt more by a General Retail zoning. { Commissioner Bill Brady asked if there were any questions about the classification type of the said property. Bud Jennings asked if there would be any tpartments built. Commissioner Bill Brady stated that there would be fewer apartments built under Multi Family Restricted than could be built under the existing zoning classification. Bud Jennings asked what type of General Retail could be built there now. ~ John Lavretta stated the exceptiont. John Lavretta stated that of the 52 mailiad reply forws to surrounding property owners, 3 were returned in favor and 11 were returned in ` opposition. He also stated that the Community Development and Planning Department felt that Multi Family Restricted zoning would be f 4tter than General Retail zoning for everyone involved, Motion was made by Richard Taliaferro and seconded by Andy Sider to approve Z-1416. Motion carried unanimously. i III. Considerations I r A. Consider site plar+ approval of section PD-17. j Motion made by Robert LaPorte end seconded by Andy Sidor to approve the site plan of section PO-17, Motion c.:rr:ted,unanimously. B. Consider the final plat of Motor Addition, Motion was-made by Robert LaPorte and seconded by Andy Sider to approve the final plat of Motor Addition. Motion carried unanimously, I 1 -3- ~ C. Consider the final plat of Wimbleton Village. Wimbleton Village requires water and sewer extansion and the , Electric Department needs an overall plan as well as additional easements. Motion made by Bill Brady and seconded by Don Ryan to deny the final plat of Wimbleton Village. Motion carried unanimously. ' Consider the final plat of L-e Summit. This item was not ready for Commission action at this time. Motion made by Bill Brady and seconded by Don Ryan to deny the final plat of the Summit. Motion carried unanimously. i E. Consider the site plan of the animal shelter. Motion made by Robert LaPorte and seconded by Andy Sidor to approve the site plan of the animal shelter. Motion carried unanimously. F. Consider report on annexation in the area of Norc,h Loop 288. I John Lavretta advised the Commission that the City Council had given the go ahead for annexation of approximately 1500 acres in the ares of North Loop 288. Mr. J. Coffee stated that-he was opposed to this annexation, gad if the City continued to try to annex the area he would file suit against the City; and if necessary he would locate a feed lot on that property. 0. Consider status report on the Capitol Improvement Plan. John Lavretta informed commissioners that they would have copies of the plan within a few days. i H. Consider report from the staff on upcoming planning projects. I , John Lavretta spoke about the Study of Denton "800s" Committee. He stated that the staff was particularly interested in the Land Use Plan. j John Lavrette also stated that the City Council allowed the petitioner i in the Golden Triangle Subdivision to handle the paving issue through assessment. Therefore, the staff will recommend that paving should be taken care of through asseasment on future subdivisions. Steve Fanning, a new staff member, was introduced. The new sign, created because of the Sign Ordinance, was shown. ` j The meeting of the Planning and Zoning Commission was adjourned at 6112 p.m. i E I PROPERTY OWNER REPLY FORMS IN FAVOR IN OPPOSITION UNDECIDED TOTAL. 3 TOTALi 12 TOTAL. none Jerry Cheatum Lewis M. Murphey 1213 N. Locust 3808 Atlas Denton, TX Denton, TX Jimmy Brown Eugene W. Hupp 405 W. University 909 Edgevood Dentoe, TX Denton, TX (owner of 716 Juno) Kathleen Lackmiller Rt. 1 Box 216K Ronnie Crawford Flugerville, TX 3300 Dunes (Owner of 3804 Atlas) Denton, TX (Formerly K. Klaerner) (owner of 3820 Atlas) Mr. and Mrs. DC Smith 3720 ".alas Denton, TX C.S. McDaniel 612 Juno tn. Denton, TX { Teddy Yalmore 3000 Croyden Denton, TX (owner of 708 Juno) J. P. Abbott 1221 Stemmons Denton, TX (owner of 605 Juno) Robert Zimmerman ! 1014 Kings Row Denton, TX (owner of 609 Juno) j Floyd Vest 1103 Brightwood Denton, TX (owner of 3909 Atlas) Mrs. Burch 3716 Atlas Denton, TX Henry Webb 3809 Atlas Denton TX Emma LaVarns Jennings 3801 Atlas i REPLY FOR THE PLANNING AND ZONING COMMISSION I Case No. 2-1416 The Planning Commission would like to receive your comments on this j c the ase in order tha,. they may make a better informed recommendation to Counci thisCrepyly formlandireturnditito theefollowing addresss'byltheedatep the ofte public hearing. 1 MA City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights co attend the public hear- ing and we encourage all interested parties to attend and comment if .they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If-you have questions pertaining to the case, please call the Planning Office at 566-8350. I I;I REPLY (X) I am in favor of this zoning request. ( ) I am opposed to this zoning request. ( ) I am undecided about this zoning request. t My comments are as follows; { ih I Signature Address i Phone ~ P ` E i RE7LY FOR THE PLANNING AND ZONING COMMISSION Case No. 2-1416 The Planning Commission would like to receive your comments on this case in order thet they may make a better informed recommendatiork to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. i City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if .they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it.' If you have questions pertaining to the case, please call the Planning Office at 566-8350. UPLY RE(',~Iii~R QCT 197.1 I am in favor of this zoning request. ( ) I am opposed to this zoning request, i ( ) I am undecided about this zoning request. ~1 1 My comments are as follows: This is to state: I am in favor of the re ueec to change the zoning from General Retail G to u t - am y on the 1 a roximate 5,59 acres. This a down zonin on this sub act ro ert to a I `use w c is needed much greater t an t.a genera retall, s s, as I j understand it, to be used for owner occupied four- lexes. Denton is cr ca yy s or on ous ng un s an t ese our-p exas w e pp e m Kato some of the problem we presently have for housin and at it will rovide future income in Later yearetor e owners as we as permng toTiam- EE to occupy a unit which they would not normally be allowed to finance. f Signature s address ~`t Phone . M REPLY FOR THE PLANNING AND ZONING COMMISSION wool Case No. 1-1416 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and wry encourage all interested parties to attend and comment if they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call the Planning Office at 566-8350. li REPLY RECEIVED Es') 1 •3 1979 I am in favor of this zoning request. ( ) I am opposed to this zoning request. ( ) I am undecided about this zoning request. My comments are as follows: ( i cl `t - - Signature Address Phone _ _vr/.z~t75~f per„- _ _ _.._..._,._.._~„~r,S„ PEPLY FOR THE PLANNING AND ZONING COMMISSION Case No. Z-1416 The Planning Commission would like to receive your comments on this case in order that they may make a. better informed recommendation to the City Council, If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building i 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if they wish. If, 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, thu City Council must attain a four-fifths (4/5) vote to approve i.t. If you have questions pertaining to the case, please call the Planning Office at 566-8350. REPLY ( ) I am in favor of this zoning request. (r'Y I am opposed to this zoning request. J ( ) I am undecided about this zoning request. My comments are as follows : G 1 t L C! / ~ . c Z/O Cal e Coe ! i e- ce + i k Sigri 'ure A ss Phones REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. 1-1416 The Planning Commission would like to receive your commenus on `his case in order that they may make abetter informed recommendation to the City Council, If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building . uen~~"owag4.je s 76201 This reply form in no way affects y your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if they wish. If 20% or more of the properly owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (415) vote to approve it. If you have questions pertaining to the case, please call the Vinnning Office at 566-8350. REPLY ( ) I am in favor of this zoning request. (fit) I am opposed to this zoning request. ( ) I am'undecided about this zoning request. My convents are as follows: i Signature Address Phone REPLY FOR THE PLANNING AND ZONING COMMISSION Case No, Z-1416 The Planning Commission would like to receive your comments on this case in order that they may make a. better informed recommendation to the City CoUneil, If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal 3uilding 215 East McKinney Denton, Texas 76201 j This reply form in no way affects your rights to attend the public hear- ing and we encaarage all interested parties to attend and comment if they wish. If 20% or more of the property oomers receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call tha Planning Office at 566-8350. i REPLY ( ) I am in favor of this zoning request, I am opposed to this zoning request. ( ) I am undecided about this zoning request. My contnents are as Follows; ;;J,_ l , . 1 I Y 1 Y. ~ I Signature Address Phone may. • I I I REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. Z-1416 The Planning Commission would litre to receive your comments on this c ase in order that they may make abetter informed recommendation to the thisCrepylyoforsnlandlreturnditito theefollowing address,byltheedatepofte the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we .sncuurage all interested partien to attend and comment if they wish. If 20% or more of the properry owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4!5) vote to approve it. ffyou ahav te questions pertaining to the care, please call the Planning i Oice 566-6350. V(J REPLY ( ) I am in favor of this zoning request. I am opposed to this zoning request, fI ( ) I am undecided about this zoning request. E My comments are as follows: L r4 j Signauire Address Phone I I WWI REPLY FOR THE PLANNING AND ZONING COMMISSION i Case No. Z-1416. The Planning Commission would like to receive your comments on this case in order that they may make a•1,etter informed recommendation to the City Council If desire you to express an opinion, lease complete this reply form and return it to the following address by the date of the public hearing. r 1 ~ City Planner Mnnirinal n-.r+J1._ 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if they wish. If 20% or more of the property owners receiving thia notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (415) vole to approve it. If you have questions pertaining to the case, please call the Planning Office at 566-6350. REPLY 1 ( } I am in favor of this zoning request. I am opposed to this zoning request. ( ) I am undecided about this zoning request, j I My conmients are as follows: { I ; 3 r Signature Address r Phono - i I i I wwr a~ REPLY FOR THE PLANNING AND ZONING COMMISSION I Case No. Z-1416 The Planning Commission would like to receive your comments.on this case in order that they may make a better informed recommendation to the City Council, If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing, I AsnAwk 11 • rjunicipa Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if i they wish. If 20% or more of the properly owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it, if you have questions pertaining to the case, please call the Planning Office at 566-8350, I I REPLY J ( ) I am in favor of this zoning request. I am opposed to this zoning request. ( ) I am undecided about this zoning request, 1 My continents are as follows: > > I or 140 L[i~~(i~ ~E.~ .l-stGil&~tdit ~~C~.e'7 ~ Ci!✓ ~'i1't•t..he.rG1J/ rL2 //mot i AL 4-CL~ra c , „l~,C'~tio,.'^ G✓ 'OIL. .e "411 A vt-lut yw T k Vgnature x &et-~_ E Addrass _ :~CCt% _C'•k~~~~z y'1.c'~ r~ SSG Phone 32..1.,- i I CAS REPLY FOR THE PLANNING AND VNING COMMISSION Case No. Z-1416 i The Planning Commission would like to receive your comments on this , case in order that they may make a better informed recommendation to A the City Council. If you desire to express au opinion., please complete this reply form and return it to the following address by the date of the public haaring, City Planner Municipal Building 215 East McKinney Denton, Texas 76201 i This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if .they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it.' I If you have questions pertaining to the case, please call the Planning Office at 566-8350, REPLY I I am in favor of this zoning request. I I am opposed to this zoning request. ( ) I am undec+ded about this zoning request, 1 My comments are as follows; 1 ~ I r , ..tea c. 9. :~2 c r` ' r 1 ai :ns!t,>r Q~ ~ sAignatwre- ter', '.~.u x II ~:j AP y- CIO oAddres ...I i L Phone i • -7,J J r . I REPLY FOR THE PLANNING AND ZONING COMMISSION ` Case No. 21416 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if .they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it.' If you have questions pertaining to the case, please call the Planning Office at 566-8350. i REPLY j I am in favor of this zoning request. I am opposed to this zoning request. ( ) I am undecided about this zoning regitest. My comments are as follows: Av '4~ 4, 09 j I Signature Address Phone -.~C~ REPLY FOR THE PLANNING AND ZONING COMMIS JON Case No. Z-1416 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to. the Ctty Council, If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. J, City Planner ,Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to atten3 and comment if they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to appro•re it. If you have questions pertaining to the case, please call the Planning Office at 566-6350. REPLY BOO ?l~ I am in favor of this zoning request. I am opposed to this zoning request. ( ) I am undecided about this zoning request,' My corcents are as followst I I r , f I ~ Signature ti Addross Phone 2L 1. ~ i -T- I I REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. Z-1616 i The Planning Commission would like to receive your comments on this case in order that they may make a better infoimed recommendation to the City Council If you desire to express an opinion, please complete , this reply form and return it to the following address by the date of the public hearing, 11 City Planner Municipal Building 215 East McKinney Denton, Texas 76201 i `this reply form in no way affects-your rights to attend the public hear ing and we encourage all interested parties to attend and comment if they wish, If 20% or more of the property owners receiving this notice 1 return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you have y questions pertaining to the case, please call the Planning Office at 566-8350. j REPLY I am in favor of this zoning request. T am opposed to this zoning request. ( ) I am undecided about this zoning request. My comments are as'follows: J• Signature ` Address Phone REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. Z-1416 The Planning Commission would like to receive your comments on this c the ase in order that they may make a better informed recommendation to i this Orepplyoformlandxreturnditito exress an address,bythe please date comp the public hearing, r . 1 City Planner Municipal Building 215 East McKinney i Denton, Texas 76201 This reply form,in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if .they wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call the Planning Office at 566-8350. 1 I REPLY i I am in favor of this zoning'request, bQ I am opposed to this zoning request, r ( ) I am undecided about this zoning request. , My comments are as follows: a i f, Signature 1 Address ~ I Phone REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. z-1416 The Planning Commission would li4e to receive your comments on this cas3 in order that they may make. a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building ; 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public bear- ing and we encourage all interested parties to attend and comment if they wish, Yf 20% or more of the property owners receiving this notice return this reply form in oppoaition to the proposed c'nange, the city Council must attain a four-fifths (4/5) vote to approve it. If you have questions •per_taining to the case, please call the Planning Office at 566-8350. I REPLY a I am in favor of this zoning request. (405 I am opposed to this zoning request. 40-1 ( ) I am undecided about thia zoning request. My comments are as followai Signature CIA f Addreas Phone b E i t _ III /q/b 7/F F ~ /L Qs - nom. !w 7~C ~i r 3 7 y + i i I G f, ~ q ~ L i ~ 1 J t . 11. nlLit~s--~ 3 ~t gar. k , • r L CA d e /I A-41 L , x ' f w r ' Lam. ~e { / f i Knrq { 3f D/ A~IJf l~~ q , lee" 9 'of r. r 41 e ~I IC 3 ' F 4 AILW_9-,12 /`~JI / 1I~~ 1Lli trY!t .1'G 7n,NA.Ah ~~••+tf ~i rVi Lath f 7<1i/ fi? V I II 7'A AA LA J{ &irmg. E Q n -(JGn 1AA 7/ AA l r' _'reG_Lode ntr lhfnfr ~-7p 7l.A1 L e J e A i J r rte.E nf'_~fhJAw 7c 1eI -tp AA 4m . n p_ r OD I } i I r~ameal~ 3 9 w 1 4^ 4~ I 1 A (ls„ i Ii I rr 17 < /e Alt', xed. 4 i CG I~ j j I + .Sly/sue ~ /fia/. _ 7i ~ r1 1 I'd e j 7 P r /l. r. J. •7! 't~ 2 e4il-fe P, l if 4+ N y dJ /f r 7 40 e , i 7 1 7 ~}fel 1~ Jr 7~,_~.l 1 { r r l.~ rY ..wgi i i i l i • ~ ^9a, SG,p r ~c9~`P og ~NUIIAON[ 0 r 11110470"[ ROAD ~ /r ~ q • tl r! S t ■ t ■ ■ j q CAC Ur CIA. • II I q ! = i MAN TRAIL D . ~ i ~ . r + a I ! tl ! n ATLA$ O11lV[ ATLAI DMIV[ ! i~1u'' I ''~-d~"a"rMtT"n r 1 s Y r M a■■ l s■[ VAryL[Y Vl[M ROAD • i + . Y + ' . Ir 7 SUNNYDALt IAMB ~ ■ V' I O ' 1 ■ + Y ~ A a ITUAAT. LAN[ r 27- N 1 y2{~ I 1 E C r. lx 1 CITY OF DENTON MEMORANDUM TO: Mayor and Members of the City Council FROM: Bill Angelo, Wministrative Assistant DATE: October 11, 1979 SUBJECT: Agenda Item #3 - Appearance by Tony Krause This item was placed on the agenda at the request of Mr. Tony Krause of the Interfraternity Council of North Texas and will involve their organization's offer to provide voluntary services to the community for one week. Specifically, they are cffering to donate the llbor of some 600 individuals for work on a City or community rroject. Most often, voluntary service of this nature is used on litter j clean-up projects and other such assignments. Members of the staff are currently investigating those projects which would best uti:ize this voluntary service if the Council should choose to accept the offer. j I E ` iAngelo BA: jm } i 3 i ; R I I LAW orric[s Mrr CALL. PARKHURST & NORTON 1400 M[FCANtl" BANK SUIL04NO eJ MCI/T M. MCCALL PAUL MOATOM DAllA5,7EIU5 76201 JOHN V. MOCALL rlnrAnul 1 •1r1A M. TAAr AgACOCt2M PAl-0:o1 MILLARD PAAAMVA1T 11001.11/!6 NOT M. ACINIRTT CLAAINCI C, CNOWa'1603-11821 I NICMA rO C. PORTER C, tMAALt%PO11 September 21, 1979 s Mr. Chris Hartung City Manager 215 E. McKinney St. Denton, TX 76201 RE: DENTON GOOD SAMARITAN VILLAGE FINANCE AUTHOR10-Y Dear Chris: I Enclosed is a draft of a resolution by the City Council of the City of Den o ton, Texas approving. formation of Denton ~ Good Samaritan Village Finance Authority which has attached j as Exhibit A the Articles of Incorporation. If the City determines to adopt this resolution/ prior to the adoption of the resolution, Article B, Article 9 and Article 10 should be completed. As to Article 90 as you are aware from our earlier discussions, the directors can be officers and/or employees of the City or can be other residents of the City, or a combination thereof. The same goes for Article le (the incorporators). i After you have had a couple of days to consider this resolu- tion, I will call you to discuss these points in more detail. If you have any questions or comments in the meantime please do not hesitate to call me. ° Yours very truly, M7ALr-PARKHURST 6 HORTON B ~ RMPsetl ' enc. cc: Mr. Frank Medanich wisnc. pgc IV F y 4 SEP 24 1979 9 1 I CITY Or DEVON MANAGER'S OFFICE 1 I I 1 • I THE STATE OF TEXAS , COUNTY OF DENTON CITY OF DENTON RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING FORMATION OF uk.N-xuN ~j` D SAMARITAN VILLAGE FINANCE AUTHORITY WHEREAS, an application in writing seeking the incorpora- tion of a housing finance corporation under the provisions of the "Texas Housing Finance Corporation Act" has been filed f with the City Council of the City of Denton (the "City") by at least three individuals, each of whom is a citizen of the State of Texas, of the age of 18 years or more and resi- dents of the City; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That, the City Council of the City has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the corporation be. formed. Section 2. That, the City Council of the city hereby approves the form of articles of incorporation proposed to be used in organizing the corporation, a copy of which is attached hereto as "Exhibit A", and hereby grants authority for the incorporation of the corporation. Section 3. That it is hereby officially found and deter- mined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emergency being that the adoption i of this Resolution is necessary for the incorporation of a housing finance corporation under the "Texas Housing Finance Corporations Act"; and that the proceeds from the issuance of such corporation's bonds are needed as soon as possible and Li j without delay for the benefit of necessary and urgently needed residential housing for persons of low and moderate income within the City; that said meeting was open to the public as required by law; and that public notice of the time, place, and purpose of said meeting was given as required by Vernon's Ann.Civ.St. art. 6252-17, as amended. Section 4. That all Ordinances and Resolutions and parts 4 thereof in conflict herewith are hereby expressly repealed in- 4 sofar as they conflict herewith. Section S. That this Resolution shall take effect immediately from and after its adoption, and it is accord- ingly so resolved. I ~ ( ~ s { ADOPTED AND APPROVED, this the day of 1979. Mayor, C ty o Denton, Texas ATTEST: O ty ecretary, ty o Denton r Texas i 5 i ii I i 1 1 1 i i { jy3{i I jjj, { i ARTICLES OF INCORPORATION 1f11IIlDI1 A OF DENTON GOOD SAMARITAN VILLAGE FINANCE AUTHORITY THE STATE OF TEXAS COUNTY OF DENTON WE w THE UNDERSIGNED, natural persons of the age of eighteen (18) years or more, citizens of the State of Texas 1 and residents of the City of Denton, Texas (the "City"), acting as incorporators of a public instrumentality and i non-profit corporation (the "Corporation") under the Texas Housing Finance Corporations Act, having been granted auth- ority by the governing body of the City as evidenced by the + resolution attached hereto as Exhiuit "A", do hereby adopt f the following Articles of incorporation for the Corporations ARTICLE ONE The name of the Corporation is Denton Good SamaritAn Village Finance Authority. ARTICLE TWO The Corporation is a public instrumentality and non- profit corporation, p ARTICLE THREE The period of duration of the Corporation is t i perpetual. s ARTICLE FOUR j 3 The Corporation is organized exclusively for charitable I purposes, including, for such purposes, the making of distributions to organizations ghat qualify as exempt i organizations under Section 501(c)(3) of the Internal Revenue t Code of 1954, as amended (or the corresponding provision of a,ty future United States Internal Revenue Law), The ) Corporation is organized solely to carry out the purposes of the Texas Housing Finance Corporations Act, i.e., exclusively for the purpose of benefiting and accomplishing a public purpose of, and on behalf of, the City, by financing the cost of residential development that will provide decent, safe and sanitary housing for residents of the City at prices they can afford. It has 'been determined and declared by the Legislature of the State of Texas that such residential development will (a) provide for and promote the public health, safety, morals, and welfare; (b) relieve conditions of unemplo}anent and encourage the increase of industry and commercial activity and economic development so as to reduce i the evils attendant upon unemployment; (c) provide for efficient and well-planned urban growth and development including the elimination and prevention of potential urban blight and the proper coordination of industrial facilities with public services, mass transportation and residential development; (d) assist persons of low and moderate inccme in acquiring and owning decent, safe and sanitary housing which they can afford; and (e) preserve and increase ad valorem tax bases of local gover=ental units; and the foregoing have been determined and declared by the Legislature of the State of Texas to lessen the burden of government and to be public purposes aad functions. ARTICLE FIVE The Corporation shall not have the power to make or acquire home mortgages or make loans to lending institutions under the Texas Housing Finance Corporations Act. i i f ARTICLE SIX The Corporation has no rembers. ARTICLE SEVEN /I These articles of incorporation may at any time and from IJ time to time be amended so as to make any changes therein and add any provisions thereto which might have been included in the article.R of incorporation in the first instance. Any such amendment shall be effected in either of the following manners: M the members of the board of directors of the Corporation shall file with the governing body of the City an application in writing seeking permission to amend the articles of incorporation, specifying in such application the amendment proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is wise, expedient, necessary or advisable that the proposed amendment be made ar,d shall authorize the same to be made, and shall approve, the form of the proposed amendment,.then the board of diractors of the Corporation may amend the articles of incorporation by i adopting such amendment at a meeting of the board of di- E rectors and delivering articles of amendment to the Secretary 3 of State, or (ii) the governing body of the City may, at its sole discretion, and at any time, alter or change the structure, organization, programs, or activities of the Corporation (in- 'h cluding the power to terminate the Corporation), subject to any limitation on the impairment of contrasts entered into by the Corporation, by adopting an amendment to the articles of incorporation of the Corporation at a meeting-of the governing body of the City and delivering articles of amendment to the Secretary of State. w ARTICLE EIGHT I The street address of the initial registered office of the Corporation is 215 E. McK.: iey Street Denton , Texas 76201 and the name of its initial r9gistered agent at such address is ARTICL'' NINE The affairs of the Corporation shall be managed by a j board of directors which shall be composed in its entirety i of persons appointed by the governing body of the City. The number of directors constituting the initial•board of directors is five (5). The names and addresses of the persons who are f to serve as the initial directors, and the dates of expiration of their initial terms as directors, are as folloos: l DATE Or NAMES ApDRESSES EXPIRATION OF Ll r Each of the initial directors resides within the City. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing ' body of the City, for cause or at will, and must not be appoint- ed _!or a term in excess of six (6) years. Any vacancy occurring on the board of directors through death o resignation, or other- wise, shall be filled by appointment by the governing booty of the City to hold office until the expiration of the term for { s . _ .maxi which the vacating director had been appointed. ARTICLE TEN The name and street address of each incorporator is: Name Address Each incorporator resides within the City. ARTICLE ELEVEN A resolution approving the form of these articles of incorporation has been duly adopted by the governing body of the City. The date of the adoption of such resolution is A copy of the resolution is attached hereto as Exhibit A. i ARTICLE TWELVE No dividends shall Lver be paid by the Corporation and no part of its net earnings (beyond that necessary for re- tirement of the indebtedne-es of the Corporation or to imple- want the public purpose of the City for which the Corporation has been created) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corpora- tion, or association except in reasonable amounts for services 1 rendered. No substantial part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in f Mill THE STATE OF TEXAS s COUNTY OF DENTON I~ 1, the undersigned, a Notary Public, do hereby certify that on this day of 1919, personally appeared before me and , who, each being by me first I duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and se;1 the day and year above written. Notary Public in an or Denton County, 111 Texas (NOTARY PUBLIC SEAL) My Commission Expiresi C i i i s opposition to any candliate for public office. ARTICLE THIRTEEN If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or Nixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City, after satisfaction or provision for satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands, this day of , 1979. i i i Incorporators a f , k j t 3 1 p y 3 79 1 Fl.N3 ~tnilifaxlti Building Tai Stan;ucue ANcnuc Atinncapoiis, N1inncxlta SfS03 612i371-6111 ( t Piper, Jaffray& f{opwoW 11 WCON w Ifo Eo4DR,hod 1895 MemDU Nor York Stock k,chlAge. Me City Council City Manager Director of Finance City Hall Denton, Texas Gentlemen: Thank you for giviti:g us the opportunity to represent The Ev. Lutheran Good Samaritan Society concerning the proposed $31590,000 Retirement Center Revenue Bonds to be issued ;,y a Housing Finance Corporation to be set-up by the Denton City Council. The Denton Good Samaritan Village and the debt to be refinanced are described in The Project attached to this letter. I Would like to point out several features of this facility and this proposed financings, 1. The Denton Good Samaritan Village is a non-profit, non-pro- prietary rejidential retirement center served by a nursing home - open to all. It has an annual budget of $1,330,000 spent in Denton and I employs 100 full and part-time employees. 1. Tax-exempt bonds would be issued by a Housing Finance Corporation which would acquire the Denton Good Samaritan Village j ; and lease it back to The Ev. Lutheran Good Samaritan Society. 3. Theme bonds would not be an obligation of the City or the Housing Finance Corporation, They would not affect the City's bonding power and would be issued at no cost to the City. ` 4. Vases bonds would be guaranteed by The Ev. Lutheran Good Samaritan Socir!.y, an A-rated, $100,000,000 operating revenue corporation with n!; revenues in excess of expenses of some $4,470,000 in 1978. .set revenues are estimated at $5.2 million this year. 5. The income of the apartment residents appears to fall within low and moderate limits to be Set by the Housing Finance Corporation under the Texas Housing Act. 6. These apartments and subsequent retirement units planned by this facility provide extra housing for the community by providing a I f M caring environment for the elderly which sllova them to vacate their larger residences which can then be used by younger families in the community. 7. fax-exempt financing at an estimated rate of 8.002 would save some $184,000 in annual interest costs over an estimated lit taxable rate, directly benefiting the imraing home patients and the elderly residents of the Village by helping hold down escalating inflationary living and health care cotta to the elderly. All these benefits would accrue to this facility in this community. I am enclosing information on the Project to be financed and The No Lutheran Cood Samaritan Society's finances and operations as the Society is the ultimate guarantor of these nonds• Thank you for yoir kind consideration of this mutter. Sincerely, PIPER, JAFFRAY i /ROPWOOD INCORPORATED % /1 V • V OZ I / i karjorI* A. Loeffler Public Finance Department MAI.h r I ~ J Enclosures cci James Flader Roy Poinestt Frank Manich Dort Tirlatoft I i The Pro_ect / It is proposed that a Housing Finance Corporation to be set up by the City of Denton, Texas to issue tax-exempt retirement facility bonds to acquire the Denton Good Samaritan Village to be leased back to The Ev. Lutherco Good Samaritan Society and to have the facility revert to the ownership of the Society when the bonds are finally retired. Proceeds from the sale of these Sonde will be used to refinance the out- standing debt of the Denton Good Samaritan Village in Denton, Texas. The Village opened in August, 1976 with a retirement apartment complex now comprising 77 apartments, ranging from one room to two bedrooms in site. Serving the apartment building is a 92 bed nursing care facility. All apartments have emergency call features in every room. The apartments are purchased with an endowment fee depending on the size of the apartment. These fees are amortized over 50 months at 21 per month. If the tenant leaves or dies prior to the 30 months, the unamortized portion of the fee is returned as soon as the apartment is resold. Endowment fees range from $10,000 to $26,300 per apartment. In addition, monthly rental fees are charged based on apartment site and include one meal a day, twice monthly maid service, flat linen service, all utilities except telephone, carpeting, drapes, kitchen appliances, mini-bus transportation service and ten days free room rent per year in the nursing home. (The one room apartments without kitchens receive three meals per day.) The apartment building hag separate lounge and game rooms, free laundry facilities on each floor, and a separate dining room but shares kitchen facilities with the nursing home. See Exhibit A. The nursing home is the only skilled care facility in the Denton area. It is licensed for 92 skilled beds. Presently, 67 beds are used for intermediate care and 25 for skilled care. Approximately 561 of the patients are on medicaid. Rates for medicaid patients per day are j $28.66 for skilled care beds and $72.64 for ICF beds. Private patients pay from $30.75 to $39.00 per day. In addition to its own patients, the nursing home center provides physical therapy to out-patients. The nursing health care center has lounges, a physical therapy rooms hobby room, dining room, kitchen, laundry, a beauty and barber shop and a minibus for patient uses The residents of the Village must be 62 ~J years old or over. The average age in the nursing home is 82 and in the apartments is 79. See Exhibit 8. The attire retirement and nursing facility comprising the Denton Good Samaritan Village was built at a cost of $3,800,000. The Estimated proceeds of the bonds to be issued by the Housing Finance Corporation will be used to refinance outstanding debt as follower li 1 Use of Proceeds (Estimated) To be Refinanced First Mortgage Bonds $2,600,000 Home Federal S d L 549.216 First State Bank Loans 230,000 United State Bank Loses 23.584 Total to be Refinanced $3,402,800 Issuance Costs 167.200 Total Bond Issue $3,590,006 i it 4 EMBIY A DENTON OOOD SANARITA14 VILk AGR 2500 Hinkle Drive, Denton, Texas 76201 G SCHEDULE OF ENDOWMENT FEtSt MONTBLY SERVICE`FEES EFrtCTIVE FEBRUARY It 1979 ON APARTMENT RESALES Full Payment Plan AP':. TYPES 60. FT, ZMWMENT FEES MONTHLY FEES one person "A" Manor (No Kit-) 297 $100000.00 $303.00 "8" Manor (No Zito) 352 110000,00 315.00 i "BR" Efficiency 418 13,000.00 295600 "C" One bedroom 542 17,000.00 355,00 OC2" One Bedroom 770 21,500.00 385.00 "D" Two Bedroom 838 22,500600 390.00 it Two Bedroom 869 23,500.00 400.00 ••"tl" Two Bedroom 894 Ht S00.00 410.00 See us about our Deferred Payment Plan ABOVE RATiS INCLUDE= meals one mosI ppeer day, except'Apt. Types ■AS and 024 receive. roe meals per day. I maid service twice Monthly Flat linen service ' Utiiitiei (except telephone) Carpeting, draperies, kitchen appliances ' Transportation service (Mini Sus) Ter days free room rent in the Village Health Center annually r ? (non emulative) emonthly fee for saoond.porson in unit, including one swal per day, $123.00 additional Rates subject to fthange with thirty (30) says prior notice. E i 1 i BILUNG I?F=ZDUR8s Denton Ooad SaeaRltan Vtltage j 1304 Htnkte O*tue i The daily charge is payable on a Monthly I Denton, Taw 11101 basin and will be billed in advance with the ' exception that Medicaid recipients are billed I11-!I!-!b!1 according to the requirements of the Depart- meat Of Human Resources. The daily charge'is*based on actual cost ' of providing the level of care needed by the resident. HEALTH CARE CENTER i The daily charges are regularly re- 111E011E OF'CHANGES I ! exssuiaed and, revised as needed. ' . ' Iloocunta that are 60 dayi -)Id will be charged interest at the rate of 19 per moeth on the unpaid balance. •t , 7 r , 11 i l i i i i EAIIIBIT B We offer the following nursing care programs: SERVICES PROVIDED IN THE DAILY RATE: SKILLED NURSING CARE for residents who Room requ re individual care, skilled nursing Heals te:hniques, intensive medical therapy or !laid Service skilled rehabilitative services 24 hours Laundry (no dry cleaning) each day. The skilled nursing unit is Recreation and Social Activities staffed to meet the needs of residents who Routine nursing care require the highest level of care provided- Rehabilitation Services of a routine nature in a nursing home. (Physical Therapy and Occupational All skilled pursing beds are in semi- Therapy - two treatment* par week b private rooms which are equipped with Physician's order) by private bathroom facilities. Social Services, including casework Chaplaincy Services SKILLED NURSING DAILY CHARGE Semi-private.$34.50 Private $39.50 SERVICES NOT PROVIDED IN THE DAILY RATE! INTERMEDIATE NURSING CARE for residents Hedicationso will lie billed direct! who require care, on a ay- y-day basis, y of subh a nature as to necessitate services to the resident or responsible party either by, or under the supervision of, by the pharmacy licensed nursing personnel. The nature Physician Services of the needs of these residents may be Dry Cleaning ` f physical, social, or psychological, some Nursing supplies and special devices All intermediate nursing beds are in Beauty and Barber fees either septi-private or private rooms which Laboratory fees are equipped Frith private bathroom facilities. Ambulance Service E Rehabilitation Services (Physical and IMRRIEDiATS NURSING DAILY CHARGE occupational Therapy - more than Semi-Private 830.75 two treatmants per week) i Private $35.75 IMDICAID RECIPIENTS The facility REFUND PROVISIONRs presently holds con racti with the Depart- ment of Human Resources for both Skilled Refunds will be issued within 30 and tnterlnediate III nursing cars. Medicaid days.after the room has been released by recipients will be charged consistent with the resident or responsible party. the rates established by the Department of Ifuman'kesources. The Ev. Lutheran Good Samaritan Society i established 1922 4 ~ 1I ~J j 1 Locations of Good Samaritan Centers 1 ' • II k~dl i ~y,? ~fi 4h '11 ~ S ~K.,1 r, 4~ p ..r , 1 * * Or * *M*# * ~ti + { it * # * ~ * * # * _ ~ J; ~ * * * * A F~'/ Y T * i iYn i i I 1 I I Montana No. DOWN NlMnaada Oray~ Npi'to~ wlaeonalr< .l. ~ I !o. DOWI AfaAo I Mypnln/ AMT" WON bwa I Ncboasks 0* way UIaA ,~InM cataneo Kanaaa 1Ala xaa><1 MIAMI M.O a Adeananq~ Now Mai," ap~la MhaNdPV~ Ada TORN LaAa1Ma ~ ~ 1 I A1ada 0 0 NawMl S 5 l'+ I f - - I i 1 4-1 Hospital & Nurt.-Ang Home Revenue Bond Issues Managed or Co-managed By Piper, Jaffray & Hopwood Incorporated Since 1971 r Montana Arizona i { i I EN. a Minnesota New Mexico Iowa Hawaii ' Wisconsin Arkansas Colorado i AMA "I i I y } r~'`f 6•~5~~.,~ 0','~`fir,~(*~~,Sd'ls~#C+.7j,1"~~~~~~~r-►!'~-:, ~tv• I T ► i,y Cf ~ t J i.~'k eft' ti. {,~i •t? y~yj , Sa ~l~ -F - ov Y;J;~4P~ t1 •.J••✓vl-~ . I ••a .L iI•I } i. .f~+ ~~TT rrj•~'{~i F. J r aL,ji s iZ a { .t. o ■ y +s- ! Sys n v. 14 a - ~~_~'•'~yi.~`..lJ'►t`.r:r'irt'y!'e~+ ..a''~'''~~" "~'~jYf6.'~S;•~~1~~ i ~!I11 Y~ _ .t 7,;~ }JAI OP sirx,/ y _ 1 ' I • ~~1 1 h d' ' d7' i■ l ' r i4 Hastings. Nebraska B-A 1958 Alp" . r..:X • 1 ILI, ' ~~1 1µi' a ~ ~ • ~ ^ . ~ y ~ ~e t ~ • r ~ "Zak Ar, r .7 . `r ♦ • 1 0reefs y, Colorado Duplexes 1951 •'68 Bulldings'69- 87,'74 I ~T f Moscow, Idaho lr~ opened September, 1976 i Loveland, Worado opened 197, ~~Y• Lrt~ ,icy. S r • 446 j TFr~ f. ~~I• {f.,~ I l Mt. Home, Arkansas projected July, 187 B ' a fAw MI Sun DNy, Arizona opened Seiitember,1076 -At w ' + Denton, Texas opened August, 1076 "Owl I awe AfINN. Eo r., :~sT ' I 1 A KE OK N0. i S.14f8T U ~ [Eel- . NE ILJf MOEO. Q t j ~ jl OWNED MCED, Flo LT I ~I i Summary of Land Improvement and Building Costs by Date of Acquisition December 31,1978 i Acquisition Date Cost 1940 and Prior $ 95,000 i 1941-1950 - 1946-1950a 9 a o 6 0 116,000 1951,1955 511,000 1966a1960 31731,000 1961,1965 12,2389000 i 1966-1970 25,444,000 # 1971 1975........ 47,478,000 1976 -1978 (3 years) 31,980,000 i $121,5930000 I A.. J { r Total Property Inthousande 4473 1914 _ 197b 1978 1977 4E78 ' 120,000 110,000 510$,266 $103,072 100,000 sae,710 - { a ~ 90,000 SSNCO41 rj~ 80,000 576,083 - -70,000-- .60.000-- 60,000 fnFund Balances Equity I thousands 1073 1974 1416 1474 107/ 1476 1 -60,000- $'fl.17t .45,000. I I 40,000 a3o266 36,000 $33808 30,000 930,782 $28,218 2 11 1 26,000 ' k an n00a eoprecWbn 5 w11 vofw if p►opoNoo tGk&,O In doaoloe of $6,247,000.00 WIWI- Total Operating Revenues r' In Ihouandt 1979 1074 1975 4078 4077 1178 100,000 $104,402.000 90,000 ieo,a^6ar3 80,000 - - 70,000 a►e,e01,a, 0 l" 60,000 534,718,2AS 60,000 ~ 112 a , 06,765 40,000.- 30,0w. Excess of Revenues over Expenses Inlhouundi 1979 1974 1975 lore 4077 lore 6,000 044,470,000 I i 4,000 ry4,~se,,oo J 3,000 12,59,,04,7 2,000 041,986 603 11,732,bre I 11,631,014 1,000 I I owl I 1 APPENDIX 1 THEM LU'I'IIERAN GOOD SAMARITAN SOCIETY i TA11LE OFCON'ITN'1'S Voilltalicid nl A•7 slatelnentof lteeemw alldE%lien.-Ac6 A'1i Interim VinAndoll Data A•J hianaltement'x biscum.4ion and Analyailtof the ' ,talemCntlf Revenues and Fll lienae>' .......i A•9 I 1 Olkralione A•li i'rnlwrliee A•11 i I.Itigation M19 F.i,llnn+li1111 Policy and 1'iaxK i ~ A•I3 . A1Anagemea1 A•1.1 Financial5latelnenU A•14 i, i ; A•1 I 'PIiR RQl'dE'f1' l The F.. Lutheran Orxxl Namatitan Mlclety (the "Society") Is a non-profit corporation, founded in F 1922 under the laws of the State of North 1}eltols. The Sotlety Is engaged primarily in operating nursing homes and also opcratco n(hor health care facibliest. Nurxing home operations conntitilted more than 9077 of the Sixiety's operating revenue for each of the five years ended December 31, 1978, t As of June 30, 1979, the Sticitty owned ICA health rare facilities, managed 16 health care facilities owned by others, and leased four health care facilities, In try stater. 'rho table helow sets forth the health rare facilities owned, managed and leased by the SAwItty im of June 30, 1979: t t Society Facilities Moys i ~uning tiponmrnt Girir ; Ilmn~ ri i'omririr~' tlwneo '1~lal Owned 155 33 12 7G8 Managed 14 2 - 15 Leased 4 _ 4 Total 171 tri 12 IM7 I 'With two exceptionx, apnrlinrnl c,nnplrxca have cutnnton l4writirmrm with nurAnt: hones and are consideoed a single facility. The foiluwink table srls Grrtls rrrlrtin stal!stiral Int.-rnmilt n ronrcnsing health rnre facilities cmiled and leased by the Swscicty Cur the flour yratx ended lkcembrr 31, 1979. Facitittea Owned land Leased by the Society t r~ IltS ~ lelR Ib!! I!!x ' Numberof farmats, aaof illecetnberll 111111 107 169 171 Avail .'t beds, its orUecemiser,ll I.%:01 In'417 111,Ult 1101ln Annual resident days (in th(iusnndx) . •I,w111 hjed1 r1,12W A.3.1I ru . . Ut1,unt7r ttcrrnrtage' . • to),! 1, M11.1114 97,T s AIR; j Averogodailyal,eralIngrew•nLit, 111113.002 $1's.41 11111. IN fla.tiq Average rlnilyoa)(•II1IMKCILIWIse I111.41i ltlfi.11 $iQ.IGI $IH.M f 'tlcctslsnney ;xvrrnlsKr is role+sl nr,1 in Ihr 1r,tlowiuK bongos t: nnaunl trsidt•nt dny+t divi.led by the avnhsbly lsedr sI 119-1-111111f 1114' ycnr by Ilia l isr yell r.'I'bIs nsrl hrsl of raicub,tirlit has the effect of undol..tstinlt the tx rul,anry lx rceotnKt l>crausc h oswumes thot all lwwdx added during Ilse ycat.wtre availahte the entire year, The nursing horses olx•ralod by Ibv ti.s•icly prrn•Idv Ix•nhlr rnre lrcallnrrd unrl Ntvnlc+rriol • fnrilitles flit In•patitnt adults. Inrhxltog lhoxe whit are adtni ed as nn irtltrlntalinle xlel> after E hlo ithalixatioo and before returning lit their Isunrs. AdmissirNS is ordinatily under the rujtcrvision of the pntient'a perwsnal phyxiclan• Charges fot oervices rottrnnliy tsnotIP1 td n Iter diem hMSnt rote. ' TIM lMxcirly'x execuliveoCfirrx are Irs•elyd at Ilaxt%Vt,%l ArPUUe NurlIt. Sir,ux Falls. Stall h Ihiltsda X71(14. and Ito telephone nutobct is (Glt',) 3:I6•21r•IM, Al CAPITALIZATION The capitalization of the Society as of dune 30, 1970, and as adjusted to reflect the iaforth bb of the Z nce Series 1979 Bonds and other long-term debt anticipated by the society in 1979, is se! forth elow: i As or aunt 70. As 1170 Ad uated Long-term debt (Including current maturities) (1) (IniAoussnds) (IntAeuunds) Mortgage notes Murtgages, bonds and capitalized leases . . . . . . . . . 531,761 i 31,74 Unsecured notes payable ' 62,266 60 a Other long-term liabilities 9,334 11994 1'- 1,948 Bonds offered hereby lRefinnnceddebt) , " Other anticipated long-term debt In 1979•SU (2) 1.445 Total long-term debt I = 2 f Fund balance . ag~ 1 i $48 5 11 (1) For the range of Interest rates and (ermx of long-term debt as of December 31, 1978, see Note (6) of Notes to Financial Statements, Exhibit I. i 12) The Society anticipates Incurring additional long-term debt during 1979.80. The terms thereof wlIJ be dependent upon market conditions at the time offered. The amount shown Includes $9,100,000 bonds sold since June 30, 1979, and $10,600,000 bonds authorized for a project in the southeast, In addition, the society rany refund mitetanding debt, but the Siowlely d(>ca not anticipate that any refunding would significantly affect the principal amount of such debt. Information is to scheduled maturities of long-term debt (s Included in Note 16) of Notes to Financial Statements. Shown below are required princlpst payments for the years 1979 through 1983of all long-term debt outstanding as of December 31, iP78, Year F adI na I Bnvmae r ! I keQu IMd Prlnetosl l'ayinemis 1979.., $ 7,697,378 , , 10, TI 10811.11 0. I I (,,111,681 1942. 4,140,470 E 19M. 4,167,761 The Society has various lines of credit, used primarily for financing cnnstruellon 4 new projects prior to long•letm debt finnnciog. As of June 30,'1979, auvh linex ofrredit Aggregated frralir"Imntt y 517,000,000 and had been drawn upon in the amount of approximately $2,200,000,'Che terms of the lines of credit range from I he prime rate to two percent plus the prime rate. Some lines of credit rey,itre compensating balances es In outwtnBiding amonnta. Auch aggregate lines of credit in the approximate mount of $14,(XX),(Xx) Includeone line Mcredit in the amount of =10,800,000, obtained for the purchase of a facility in the Southeast to be refinanced with Oonded debt, See "Expansion Policy and Ilene" below. t STATFMLN'P OF 1t1131ENUEN AND EXI' NMS The following statement of revenues and expenses of the Soclely for the years ended December 11, 1978, 1977 and 1978 have been audited. The statement of revenues and expenses for the year girded December 31, 1976, It unaudited. The statement of revenues and expenxea below slawld be read In , A-1 a ' r I 1 conjunclinn with the nudilyd tinnnrinl slnlew -,,IK ur lire s4wicly, and nctonspnnyirrg audit rels.rt nr Henry Schuhen and Coinprrtry, Sioux Fa! Iii, South I IUkraa, rcrlWitt' puhl it, $VCnUlllantx, which rvmtnin the statement of revenues and expenscs rot the years ended 1kremher M. 1977 amt 1978, inrhuled herein as Exhibit 1. A previuuo audit reprrrl of henry Scholten and Company contalns such a sulemenl for the year ended December 31, 1976. CirSts of services providrrl at'cerlaln Society rncmitirl, arcs rrimbursrd by third party payorn nn the basis or the principle or reimhursement or the resperlivr third parkas In the slatesi In which the fucilitiesare lrKnied.TheweprogromKrrquitethellltngornnnunlvositebnhursemcalreptulr<whichnrr r subject to audit by third early payers. t lkcause the resuiling Kltifements will not be determinable unlEl ouch lime es the records linvit ► been examined by the lhir.l party pnywit. It is the Ix,licy ur the SIu!ely not to accrue Amounlrr ircelvable or paynbir wile" a materkil bolnnrr ix known, it 1-4 111e opinion or mnnagemenl or the Society that the sell1,-men!e will have no slgnificanl affect tin the rinoinrinl stalementa or'the Soc'irly. In the opinion of mnnnpcrttent of the Sociely, the xtnleauol tor to%enucx and capenses pretirnl+ foirly the results of upcrations or the Soclely in conformity with generally aim-tpted accounting principles applied nn it consistent basis. I REVEN(JM AND EXIIENSL8 Ye.rr Y:ndrd Iletrmhrr~l I~nrrudilld Audited I~ It}S IYT4 tYTf 19T+1 fin rhnuund.l Itirrntint Hvvenurs..,..,.. ;"16,4!12 t"MIMi7 011401111619 Adminki.rntive 91143 111,941 12,'Itla, 1i,142 Nutsing , 23,lM.e1 2M,41 J :12,M!11 !1MAIA LAUndry •IhatskeepEn4 h,(W:l to,mA ^ r Dietary . 12.L !l 11,119 1$4(112 Krim Plant Op ralionanddllainteannce /,swig 5,9N) 6.!141 M,IM)2 Depreciation ll,tfiM 4,271 .1,1477 it,14A Intrnsl .111,2A.1 p, r, 18 h,• 12i} li,lltl (filter Opera IIIIg Nip rt.r,c ^I_a~1 1,191 I,li7ri 1.947 'fain 01wratingK%IK-1t+rr ~IC'i.1211 iH119 ~+17,li74) lh1,I1 F:xcev+of lllx'rA11nit ltrtrnurK liver Operating rxliensrr 1.271 1.678 :4,11417 ,5,17:1 Non•11IwrAling Iteventic erect Sstr r 017 li2 5 ' 011rrrlnrontr.Net _1117 _ 411 lilt 772 h.x1YM~lrrltll'1'full'M111wl.elrrnw's..,,.,.,.,,, J'Yt'I h Y 1U ra,2 .112`if 71 feral:+n~s l~+n t ltnliurrrhirrringslul'Exrv11'luuear,', M.nw~tiir ~r ~ r~~ • For putlwr+cs or thr ratio a ennongx to rifted rlurrgeo. "vorningK',cvrrvri•t~f 11W rxriw.y ref rrveuure ovr'r rxlncu.rn plu+ fixed chart+,rst IEtrd thnrgrs rtgrrrwlfil hslrrrA ralN-rswr utrly. ' i Alnungenienl or the brr,-rrly Im,lit'vrrs Ihn! any rrnlnl rxikaiw Er imsuutterinl. 1 A4 (EQt ..d !1 i I INTEMNI FINANCIAL DATA Interim rinanci,d dntn of the Fnciety for the six months ended .awls 1u, 19#8 and 1979, are presented below. The figures are unaudited hut, In the opininn of manogemenl of the &Ixiety, the statement of revenues and expenses presenls fairly the results of nperatlons nr the SaKiety In conformity with generally accepted accounting principles, applied on a consistent basis wish the . audited finencisl stalemeots attached hereto, e2cvpl as to certain clal+sification of operating revenue, uperating expenses and nnn•ollerating revenue, t1 1 Interim Operating lirsults (Unaudited) 1 I (In Thousands) I 812 stonthr_Ended Jun 30 I 1074 1170 l'naudired l~Naadiled i TWO Opcratingltevensacs $49,W2 $57.I&9 Total Operating hlapenses 48,b57 AM !:seeps nr Operating Itevenuom over OwatingExpensca,,,,,,,,,,,,,,,,,,S VA S I,ti81 , Non-Operalingltevenue S &A Lfilt7 :xcess of kevenues over Rxpenscs I .K11 "1100 I The condensed baWice Am of the &xiety As of dsit e,N1,19711, is presented helow.,rite rixtiw are unaudited hut, In the npininn of managomcnI of the trtiely, to resort I fairly the flnantlol)NNlitlan of the ' tialciety in conformity with gi-nerally accepted accuunt)ng principles, elcept as to clAmiticatiuna presented below. Cond,mscd Balance Sheet(Unaudlled) As *:June 36, 1979 (In Thousands) Ae,rh Idahllitiea anA fund 11410nee Cash S 20.411 12nhilitiea APraluntsltrccivubit .6.471 Correa! I'(1rlPon 141oho-Terrn Inventory . . I.4R4 Ueht And Short-Teern Debt S 9,ra8 PeolmidFijwnreK fill) Aci'omIN 1'A)'11111e ...1...,.,..,... 11121.1 1 l ralsrrly (Net of Atrtlnudnled ArernAg raid 01har lJobilil ieN.... 7,04) Ihysre,61111(1n) IIKI/nM I'mig-Ternllh-hl M.W2 OIlarAsnclN K,811 Totilll.Iilliililit'" S11011459 • h'und kldnnr , , a a e . 4 1614 1 TotnI 1.111hilitleN And 3 $1 NIP I I L I F1111d llallilwe..,,..1~. 5t( loin) Assrls.... ~ St,, JUI i I kesulls fair the Nis ntnniha ealdrd .lour tNt, 19711, nre ratol mict Naril)' indicative of tha results which may he arhieVell far the yt•nr rndinK 1Arr1111lrt 111, 1978. M,1 I 1 A•S I I I t INANA(1F:,MENT'S DISCUSSION AND ANALYSiS ON TIIE STATIZIEN'f OF' I(EVCNUESI AND EXPENSES , Year Failed 1976 For the year ended December 31, 1976, operating revenues increased 17,1x0 as compered In the year ended December 31, 1975. This Increase in operating revenues was due to: la) in increase in the average doily operating revenue from $13.72 during 1975 In $1!5.44 during 1976, an increase of ia,;; (b) on increase in the 10tal number of resident days from apprnNimsttly QX91,IN!(I in 1975 to approximately 5,056,(Rxl in 1976, an ins rease of CW;. The higher total IcNidenl days in 1971; resutied primarily from an Increnw• in Ile number of 101411 beds livid lxble As of December 111, IU76, of 10,417 us cumpar'd to 15,320 beds avuiloble as of December 31, 1975. r Operating expenses increased 16.8'1, principally from suhstantiai increases in salary and ctnplnyee heneGt cmts, increascs in the number of enmployess due t0 additional residents and government requirements for slatting, and Increases in the rest of supplies, Unrestricted gift income rernalned at appruximately the same level in 1976 its In 1975. In addition, t dunor restricted gifts o, boom) and other supplies, clan,+ified as other operating revenue, decreased from i I 474,946 to $13,694 In 1975 In 1976, respectively. Other Income ine.tosed frurn $107,00 in 1975 to Ii4l,OW in 1976 due to increased investment income. 1 Year Ended 1977 For the year ended December 111, 1977, operating revenues Increased 16.0'; as compared 10 1970. This increase in nperat ing revenues wait due to: (a) an Increase in tLv average daily gperaling revenue from $15.44 during 1976 to $1712 during 1977, an increase of 1 L'r'i; (Ill an Increaso In they total number of resident days from opproximutely fi,W,ri,WU in 19711) In approximately 5,2ty:,000 in 1977, an Increase ( # of 4.1r? and the occupancy rate increased from 84.11i In 197010 87,214 in 1977. Operating exppenscs lucriosed 14.111!, prinripldly from subslnnlinl incremea in salary and catployee benefit costs, increases tit the number of employees due to more residents still government - 1 requirements for staffing, and increnses in the CIO of supplies. 'I'utal other income Including unrestricted gifts InereaAed from u125,1xx11 in 197010 g1,120,tsx1 it, 1977. The twit largest sources ti this additional income were gifts and Interest Income, Year F:nded 1978 For the year ended Decvmbcr 31. 11078, operating revtnum lncrrased 15.4"1 as rompared to the yenr ended December :;1, 11171. This Increase In operating revenues was due to: (a) on increase In the 1 average daily operating revenue from $17,22 during 19771n $19,54 (luring 14701, an Inrrenst of 13.611, (I) an Intrense In the 110101 number 0f resldonl days (ram approximately 6.262,IKO In 1977 to I appruximately S,:It7,IXxl ht 11171, nn Increase of J Operating txl*nsts inrren;ed I5.77, These increasrs resnllcd principally from the Muhstontln) inrreases in salary and enlpllwee benefit rup1a. Two] other Intomc rinse =171.09) fruits 81,Iht,tgsf Ill I977 t0 31,2t07,lxxl in the year cndid Devemlrer 111, 1978. Thr Iwo lorgesl vlurcb; it Mix sddilf401101 invoine were gifts linrtoding unreetr' iw: gifts) anti IntenMl i..ti(me, which dint JID. 191 nad.8.M12,txx1, resi(ectively. during the year, 1111E:IIATION.ti The Soclely Isrlwldes ht0lt11 in re and verl ni1114her scevirca to rho rrilidral0it its 14,40 84111InritIll) Crnleric (the, "Centero'I. as de+crilped below. The SlIdely employs V4.111 fill numngcmenl lx-r.Imes to rls,rdinrlla And control each Cenler and Ito i supply ouplw,rt services, Including finnncinl, ate0unting, dnln pnreMSing, runvinl strvirrs, conslnation anti building maintenance, personnel recruilmtut and tradning, pnrchnshlg, printing, and public Ael M relations. Charges for renlrul mnn+,gemeni srrvirrx are made to rnch Cornier, bring 2.1/417 err n ~i Crnler'a filierllling exprns; (luring the yrvlr ended l IrcvOwr 11, 141N, hrvtltrnte is Alxrr provided fur each Center through a blanket policy for on ndclitlsnsl rhnrge, Each Center Is mm.aged by an adrnin! arntor rexf+cmrible In a rrglonn( director of the ticKieiy who reports to the President. AA of tune no, IU79, there were 11 regtonst directors, Efich ('enter [A I proressionalty siaffed to I eel federal and slate reyuiremenls. Aurh stufimr. may Include nurses, f nursing assislants, phYRICni Illersplata aides, f,xxl service speeinli~ts, nrtlvity directors and wx,ln) wnrkem, The Inrgcsl Center has uvcr IAXI residents and 376vtupln;eeo. 'I'll(, smaliat 1'enlcr hnoi 22 residents and 14 employees. Ah,st centers have a local advisory bol.rd wisich pew WOR e: ilxtanve still supisnrl, 1 Each Center :a expected to aprrste nn n srlr•sutficienl hasis and each Is alinaed operating and I'manciol nnlonomy under the direction of the .sm ivty,.% cc-trul onire. The SiK;aty'r national uffire ossists Individual Centers which need temporary financial rid by gunranteellg debt (slued for the benefit of the Center and by making advances of i5riciety funds or excess resources of other Centers, 'fhe l;oeiety owned or leased 119 Centers which had an excess of revenues aver txlsenditurex, Its( Wing other Income, and 42 ('enters which had an rxccm tsf exile-dit urea over reveau^a for theyear ended December 31, 1976, as shown in the table below. um brr of I'en ten 1:aDr rlcnrln IL .:seer st F;ateae or Revenues 15saendisurn Ilprralina aver ever e; e M r ienc a Kasen dt l up of Ilrv„ enu__e Ilnder$I0,(1()1 21(1) 19 S eI1Q/(yN1y0 $ SON I I I M 11 ' S 50A)0-$I(XVXN.......... I , . . , , I.......... 29 7 StfN1AOSI MAlll........... • •I ; 5175,INI(3 f2'I(I,INNI . II _ D(2) 4201 III Includes the I2 faci!ilies ill 0n0ifornio owned by the'4iwiely (Irnaled alxrve all fine facility). The financial rrlx,rls of sisrh rm.llitirs are auregaled and relx.rled an excess of revenue cover exlxnses of oppmilnuitely $2,l110 fur the yenr eudrd Ifrcefitber 31, 1979. 1:) The aggregate excess of revenue river rxprnse by such I l9 Crolrrs was Al+pnrximaiely 54,4 NI,lNY1. tai The aggregate excess of exiienditures over revenues txlrr)eoced by such 42 Cenwit will appruximnlcly S1,4N9,INNI, The central office ur the N.k9ely exlscricurne an exreas ur revenues over expenditures of apprusimelely S1,b29,(XNI rut The year ended Uecrmher :11, 19,M. Nursing llonte 1lperati•fns r1a of .1unr ;41, IU19, the slay bwaed IMP rurslnq hoops. Iea4rd four nursiny hunnw nod wonriged 14 uthrr hotnvs, which plus „1r:r n Inla1 of 1.1,9 Of nursing honer heclx tvmsistitsg Ill xkilte,I, E hstrnned)nte nod bash rare hrd+. Savls Crssl ers provide Iung•trno hrnlih rare Irrnlowtil for the nl ivl, '1•I•- rollowing Inhle sots forth nuraiug hums rove ral+nr)ty !ry Ivvrl c,r rnrn, told by nosh of 1 cavrttrahip; Nit Wife Ilumr hole Aa,dduae 1a, latY NkIlled arid Itilk lalrrmrdlale fare I Ileda 1101% TOW Ilwncd ~I2,7ol lids 1:1,644 .1lanaged P21 l 245 1,067 l ousel . , V4 1:14 fatal.. I.a:47 LI NN 1y;+;l A.7 i ! ' .awe...... . i Thr table below owls forth Ihr disl6131ittlnl of the IM.)11nItic 8 UN 11141 tit III Iv Ilse, IIl!I or•IIlilt, M, 11,104.1. by number of beds: II*n"tand IesneIl NurrlnR IlRole Focililirw Oy site Numberoflteds 1.39 I0-79 R).119 114159 IWArlduver Number of Homes 6 89 41 W 10 A Center's beds are licenArd l,umtwril to sit Me reguliok la which prescribe a rryuired icvei ureare; the terms used to define leveis or care vary by state. The Society refvrr to skilled and intermedini c core Lodi, though slleci is states may liertlse Ir rN under a different title, as bedx that receive ^onsiderahle nursing care. Basic core beds teveive mir. ,um or no nursing care. r The Centers chnrge for tomcat normnlty cons'.l of A per diem rate which includes all services except the ousts of a privnle physician, certain minor ancillary services offered by solar Venlers, and drugs. 'rho daily rate varies deprndiug ulson The sllreific blrcral irlg orsts of the ('enter rold lrv;i of care provided to the rtsidcnt. Residents either tiny from privnle sourrvx or the (.1141 of Illcir rare is reimbursed to the Center by stale or federal programs, The daily rate is generally intended to meet anticipated caxh requiremtots of the tenter, The budget for each Center is prepared in September preceding the subject years by the Center's odministratnr. The unaudited financial statement a as of August 91 are adjusted to project income and expense for the subject your. The administrator prnjects the rates which must be charged residents of the Center. The forerattltd statemenl of Income and expense and roles are reviewed, modified if necessary, and approved by the Center's regtonsl director. In some ewes, rates and budgets are adjusted during the year. Other Operations As or June 30, 1979, the Socirty owned I,M housekeeping alignment ur.Sls end managed 57 apartment units. These fntilitie% have it total of 1,11141 dwellings And, haled upon on estimated 1.5 residents tier dlvelling, pruvidrd 1015 trsidrnts with aprlrlmeeik, Aporuncntn have line or two htctrnrlnts and may have cooklog focilitivs. All but ono of the trpnrtnenl conydcxlw ore located in proximity to a Scwicty nursing lulme. Itesidentn of the eparlinenl ronlplesrs normally have acceKA lu r the amenities of the nursing halite. { The Sowiely owns 12 homes which provide live-in vote for problem children, primst0y having severe emotional or physltnl problems. Sources of Payment for Pollent Services The Kocloly providrs servicew Ito residents nn a non-denominotiomll and non•dixrtiminatory NW-4. A majomy or the residents in Ihr Sorirtv's nursing loorntx are rovered by state and route V welfort programs pnlviding for ruil or partial paymtnts, which vary orrording to the program but which are generally estublishtd through a relmhursohle cord formula. Voider the hleditald prognlm, the federal 'government provides tondo to pnrifripnling eagles fur medical.assistnnve to " mcdicnllyindigenl" persluls. Brimhur+emenl under ~lydicaidlwvlforc program+ varieK for each tllAle. Welfate pnymertte to 1 nurAny homl4l often do and rrprrvrl•' fat reimbur•^numt roof dirt or thnrgtr to l,rivnte tralirnts, turn. Ils+ugh exlwom-ot incurred by IIIr ti1K'il Iy for Mrlfare n4thlows nre root nulterially hell Own t ite txlltnsr4 Incurted in the care of private residents. Wily Onloq have a inAxhuum teimbursnhic daily title ihnt 0rectively IImilk 1 be otmlunI Iwo III In I hr tirlrtety foot ,llnlirtdd/v tltnte pal ientn, regardlr ss ref c4rvl.'I'hn table boolow .refs forth the 1wrccnlage of the Saciely'A revenue from resident care in HIM by type erf MY~t . t ; i I'rivntel'ay f~1,7'r, Afrdicnid 17,9"I t j AledirArc 4'i I M.01 i i 1 1 A•n i I I IXYMl~ ` 't'he above flgurrs include nparimrnt payors which has the evecl of distorting nursing hl,me porors stalixtics upwards by ol>proxlmalety 101. In favor of private pay patients, h'or the year ended December 21, 1978. the mix of pnynrs for nursing hnmev only would he 611.02% private pay, 49.63'T Medicaid and .43% Medicare. } Each of the above programs reyuirex the riling of annual Lost reimhurabment relxlrts which are subject to audit by the third party payorx. The degree of completinn of audits varies by slatell,'I'he ' Society dues nut believe that nnuudita for prior years will result in any material ];abilities. Employees The Society hnd over :1.04 full and part time employees ax of Ieecember 31, 1976, during the year ended December 3% IVA, the Society'% labor ants accounted for approximntely 62.6'1 of the Society's total operstingexpenae. The following Iable shuwx I he perreniAge of the Society's totsI salary And wage expense job category for the year ended I)cremlocr ;11, 1978. s i Nursing 66,0'A Roary 14.1l' k l Administrative and Clerical 9.5% Hou~ekeepinK 6.0•'i Rehabilitation 3 Social Services , .5.61i !.sundry • • 3.1114 Maintenance 3.2'+ Other 1.2'7. Totnl ANDY; The Society hnx experiruced generally wtixfACtory labor rclationa at 110 Centers. At the present lime, enlplgveea Al two Cement arc rrpm-miled by lminns. (ilber rrganirational aucmplx may be 1 made in the future.'Ihe Society provides it 1,:n-don plan, lursll h, life and dixnhilily lnsuronce covering i all adminixtratnrx And reriniu olher key Ivnaml.rl. Set Note of or.N,Aex top I'Inancial .$laletnenta. Most of the employeca have life insurance rovernge pall by thr Vxiely, A xubmAnlial num',er of the employeca of the Society parlielpate in a group health plan under which tl,e Society pays one-half of the premium, ' In The past few years the .Stsciety has Increased subxinntially the wages of its employees In rexluviae to inflatlnnary farlnrx And to atlrnct and mainttln qualified personnel, The Pair I ablrc Nlandardx Art provides that the rninimuln wage lle paid in the .1~rlclely's employeex, h'urthpt Int•romea in minimum wages will have en n,.pricl on. the Sot•icty'a costs. To dale, the .14rleiety hex heett able to l rrruvcr incteased wage roslx by inrr ed daily charges And throagh llledicaid cost teimbursernehlx. The Society believes that it will recover rultlre wage Inereasnx in a xihtilar manner, hilt there is no nwuranve thrrnyir. i j Taxation s I 'I'hc tix irty iv exempt rrurn Yrdrnd Income Iasnl loo not a rharitable urgumixalipn derrribed by I / i Section wito ii or ill twernol Itmo-oor t'olle of IWO, ax urotndrd, and from Tunis Iarutne laxntluo by comparable prlivixinna 14 hhl+te Inw. In connraiion with a nrrnl V(41rtAl Inroter Ins Alidil, the fillrraal Rrtrtllsr Kervirr lornrulyd Ihr %lOvlvty 111111 ror AlI-!.A' I11•rls1 + it would rennidrr income fnoil 1 j the managrinrnl of remain rildlilira as unrelated bush,rxa Inrnroe on v,hith Ihr No Ally wssdd he i I lAxed. Thr Socirly would coldest ally ruttlre toxii1lon on this bads, but dolts tint believe any adverse { ti: ruling could have a mnterini affect on its operations. t'erlain jurlsdiclionx have sought lip imiswe ad valnrem pnglt•rly taxes on toclety facilities but { have not been xucceaarul. i A•9 _ .,,,.~yKrvi, Milt; A~ Charitable ("Ontributlonn The individ11411 Crows reec;vv gifts from vuriMlx s11111r<M 11011, in many rasc,l, draign IN'd rlkr sl,ccific purlslses. In keeping with the socicly's philowllshy that the Uenters shoulcl he viewed ao Independent, lht Centers rclnln control over show gifln. In accordano, with generally accepted accounting principles, the Society lreela restricted girls tin a direct addition to fund balance on its flnanCinl statements, while unrestricted girls are treated as ' Income. In delerniOna the Center's daily rate for services, the individual Center does not take into considets0on the possibiiiLy or receiving gifts. Informal;nn on gifts for the four ycan ended Ueceiniscr .11, 1978, is shown below; 1 Isla Iota trlf 19to Unrestricted Cifix'I'realed ax Income - Unrestrlcledgifls S M.5 S tttfi S bll7 : 6211 Donations of told and other supplies 75 14 14 37 $ d:k! $ 3;4.,1 $ 521 S 11M Restricted gifts Added in Food Balance $1,1111 $2,947 ;1,2144 S1,•1'it) lleap'IA Regulatory and Other Changes Affecting the Foclely In the future, the folln+ving factors, among others, may effect the operations or the Society or similar facilities in general t<{ nn extent that cannot be determined at this time; ill Operation of the Centers is subject to rontinuing enmpliarl^c with various federal, allele and local statutes, ardinaners, rules and regulnllons regarding; linensing, building standurds and i fire prevention. Center,{ are aubjerl to piri1141ic inslict-tions by stole licensing; agencies to determine whether the standnrila of core and maintenance occesanry for Mnlinued litrnsingt arc ' heing met. Match of I he {'enters Islsseaes ell liccnsta that nre nectasary for operationo, Chengeo in the arllfirable staiow., ordinanves, rulex and regtulnlionlI ruuld require changes In the facilities, equipment, personnel or services of Centers, which might Adversely affect the Society's business and earnings. (2) Whh respect in the Medirald and Medicare prngrtnna. each facility must qunlifv In receive payments under those prograrria by meeting certain rsg111atoty standards promulgated by s the Itnilcd Statty Ih•partmeni or iienhh, I:Iurnthln and Wtifare and the Individual Males regarding the (n;ility and its oiltration.'I'hese atandnnl+anil regolalloas ate sul:jert to revision and reinttrprelot ion by the npproprinte aulhoril lea. If the regulatory authorities, In the exeeclnr or their rcgulotory dislrrtion, should deltrmitM that any facility at any lime fails In Mott such standards, that facility mny nn longer qunliry to receive payments under the Stedleald or Medicare programs until it meeto such siondarda, and its revenuts rrom that source could be Iernihi sled it,, the lierim of diwlnalilicntinn. C Ili F•m'f•WA 111111 nuly ndvrr sly orleel the SIS iris's t,pcnltiona, in nn eotenl Hint canrud Ile ! determiued ni ihtW time. Inchide plsl•+iMr rrbutall9nenl 14 Eedrrrl) wage unit )irine ronlrolr; ( 111" lrit 1`14111dionx in flvh•r,d fir Mille (unllilll! of 1114. Slydiroid prl4;nunn; and ch,ulgwi hs the !1 Sllrlicldd lit M1lccllrnrl• rritnt,urw lanai reKulutiola, An+l4.ldgivhdion folulrl~s That rrimhurseutent will lit nn a cost related havis. 14) The Snt•lely'o i'rnters nre Mihiert d1 various other fnl•tnfx that may advarstly 111111ltorv their cn1111bililles lt, putirtunliy Itnd fully Olivet their 1i111nn•ial td,ligutions. S'uch rnrtorg include, but are nisi limiftd lo, lark or nt•wl Gtr saviors hot-nase Ill` ntlforesreaLlr twrrstgiply r; ouch r-. RMli'fS rausMi by fu411re ove4.•tY1lixlfllrl iaR of alln1111r Itwilitlea tit lMlt{Illnlillfl ahlila to nll5rf 14-'Vile areas; and hinated rl+sts of Inlwr, xervirra nod inuterialA. A•10 i i I 4 i Competition The Stwicty's Conlcrs ruinlwle with ollw profit and nun-prolil nutwing homes in their service arras. 'I?1e Moirly bclirvrm Ihn1 it volnprler elleclively by offering quulity care and services, list renlraliled manngelntot enhnnrrA flit ability ur it pnrticu~nr crnIrr to compote twenure tithe services provided and of management Inf ttinalion supplied. This conspolilon may adversely affect the occupancy tale and charges or individual Centers. 1111OPRRTI K5 Owned Facilities 'MMoiety, A% of June :41, 147% owned raciliticx in 22 states. The following table shows the 1 koation and type or the owned raciiitim Classification and Capacity of Owned Facilitles As of June Sit, 1979 dale Nye t Yumberor Cturring ApArlmrnto rare Girls Total .'tale IAw ,,long Rrdr (11121 1edd21 Ilo,ner l'sparlty Arlions............ 2 196 68 100 .1 l'aiifnmia.......... 12 2<16 2(M I'olorado 610 369 154 1,112 F1,,ida 1 120 101 221 Hawaii I 105 .19 141 Idahn 4 431 tot h9 691 Illinois :1 209 19 2:M{ Indiana............ 2 171 171 hiwa 20 1.i45 44 20 k,7G9 linnua 14 1.308 65 10 1,:W{ Minnewta 21 I,rA l :1f1 173 1,786 N'ehrnska 24 2,199 1,622 40 .1. r,I ' \twhItsleft G 4115 r><1 fi4 North llakota k5 9.18 44 1,044 I1Flo I h0 6 :+0 Oklahoma 2 99 tt9 Oregon 3 2,45 29 1211 Alulh pnknia 21 1,297 7R IN 1,"I 'I'rxns 4 414 114 629 WaIN1101t,n :1 S7d 1619 h:17 West Virginia 1 f21 lilt Wipronsin d 266 ~24 _ 2911 'Iotnl.......... I... Tfii 1x27111 ~,~'rI Uta ZOO K, 101 er s e.J~r lacntinns121....... Icq 7 r1 Ili now rr..l.,i trios MENNO 111 Aparirnants tsllucily caleulaTed at IA rrshlvnla per w 4i, , (2) With one tttt•rpliun, nlwrUnrnts have ennlnsun bK-ntlona with nkilled and/ar fuletntrdinty rnre naming Isanes, Seven lingh, rare fnrMiles do wit have t4MIIMin loovollon with skilhvl undlur Intermedinle care homes. , 1 l A•11 The origitml cull, by ilme of nolui4tion, tit the 'N.riely'a hnol, land impowrmrnls and buiidinp and accumulated depreciolion (net of landi as of December 81, 1979 ore ahovv beluw: Date AcCulred t'MI 1940and prior S vli,Otx) 1041- 1945 _ 1946- 1954 1113,0(0 1051- 19.'(5 &I I'M) 1956-- 1900 3,731,axl 1961- 190 12,244.1 1966-19774 25,414,1xx1 1971-197•'1.. 47,478,(1x) 1 F 1976-1978 . 31,51W),txx) Total cost . $121,693,000 i LreAccumulated depreciation 5 23,176,41x1 Net book value . , . 41 In the post five years, the Society has emphasized additions and renovations to ez4sting Centers, Many of the Society's Cenlen tire haeic structures to which e(lditions have been cunotrurted from time to time, The Society believes Ohm all of its Centers are In substantial compliance with all applicable Federal, state and local regulations. The table below sets forth certain Information relating to the facilities managed by the Society. Types and Capacity of Mennged Facilities f I Aso of June 30, 1979 l ~ thdc Number or Nursing Apar(ment11 Care 1'01111 140xtinn11 twit 111101 Mott) ('11r..ttity Illinois 2 IN) 1101 Indiana 1 175 175 Kansas 1 GO fb Kentucky 1 111( If10 Alinneru,la 2 116 11f, Mishturi 2 1410 24 149 1 Montana l •It) 44 Norlh WIvitu 1 fdl fdl W"t Virginia , 3 101 57 FA1 197 1t'laerlnsin I Iii 117 '101111 Ail art 12,15 161 al E I stirs, Iions (2) Ur 111 2 4 sar w a sa NAM Mows 11) Apatlmenis cnpncity rnlcnhdrd at 1A rrsidt•11111 Itcr unit, ('ll With five escepllurt11. III) npnrttUt,niM 111111 hn11ic rare focilklcs have common kMatheiM with the skilled and Inlermedinte care nursing homes. t The iitxlety elmot.,,erates fnur leased facilities in Kans-,s which have 214 intermedista care Wds. r1 LITIGATION There Is not now Ix•nding o4 to the knoMedge of the'wxicly, threatened any material lidgMlon i againid the Aw•icty or any of bit prolierliv11. A•12 i f M EXPANSION POLICY AND I'1.ANS The Society does not neliv'ely Peck new 1111"aliens. The tiacirt y gcncrully requires that b>,'al community leaders request that the Society build a health care facilily in its community and that the rnrnmunity become financially involved by contributing a portion 14 the project cost and the land to the Society. i I 'Cho Society, has recently purchased u major nurPing home and operiment complex In the ` *;oathea%t for which a $I0,,V,(XXI line of credit was extended, lu be rerinnnced with long-term del,t. Ili July 1979. $9,100,100 bonds were issued fnr conetrurtirsn of a retirement and nurldng home facility hl I Nev lletico. Other expansion and construction projects have been nuthorixed by the Socitty's I;r,ard ' of Oirecuirs totaling game $3,:WJXX). r The Society anticipates other capital expenditures will be made in 1979 In addition to the construction and a ui in of the new facilities ~ V pp g and additions mentioned ahrva.'I'hese elitenditurc+ ~ are primarily for the purchnse of replacement equipment at the ('enters and renovation, renlocleling and additions to existing Centers. New Centers may lie ronslnlrtell and/or purchnnrd its MR) and thereafter, which will result in additional capital clrsta and additional lnsrruwing, primarily long term Indebtedness. MANACEMKNT Hoard of Directors, As of August 15, 1.479, r•,embers of the Hoard of Directors of the Society, their occupation, and place of residence were: ~Hn_e f l~ruyllrion; llvl.llt/'nre \laurice 0. Nelson Chnir 1•r.wln 1 I I ...............AHlrney;Fertr"..,,,t'nluradu -1 liov. Albert F.. Frickson, Isl Vice Choirioerson i:irectorof IAA nu l loti%ing ('petition; N'nshinglnn, D.V, _ hr, Mint IUMoreson, god Vice Chairperson Csdlrge l1rufeswr, Sioux Falls, South Dakota A. Hobert Langemo, 3rd Vice ChairperPnn Phnrmacim; Albert ors, klinnesots I hde G. Hock h=4 . . . Ad min ist ra lior of Center; llralnerd, hl inneeots 1 %Its. Hlmnie Mown Administrator of Center; Peoria, Arltons dohn H. Ilorkholder . Realtor; Amcs, lawn 4 I Omer Ii, Hills Admini Irslor of l'enler; ('elvert Oily, Kentucky 1 I It. Bruce H u in I111e1 . I len l ist; Fargo. Norl ll Dakol e k :ton l{Iipplog . . . . Adminislralor ol"I'acums Lutheran Home; 'I'atomo, lVaaoinglnn ArminLnuck Administrnlorof Venter,, Algoma, lawn Rev. Orval K. Mores . Clergymnn; Alburiuvriple, New MtOro Utll,limit Vermin .....................ItrIir;ll'I'sashes;SjoslI Fill ll!.SouthIMkotA IItnry.I. lteith Ailodul+traturof Venter; Arthur, Norl It llekota I Ilrc.rlilbrrt hf, tiintcr ...,.,..,..,..Arlminixlrnlurl,r('rnler'Mxli Wscpnsln I ! As Ilf August 18, 19111, Ihs princgmi ndmini>.Irnlivc iorroultovd of the Nwioty were; 4 ! Iiev.A.4,oils'gl'r llrl'MIIII'lll lily. John I locgrr FRe/vlisv! %'icr Prl'Pi<1W11 Iholtsidl.,'1'rtrlolIsis ...........................1lirectorfor h'innnce Mrs. Nordihs Winge . . ...............:`evrOnry MWiwi • . HI'~,'IINNII Diroctor Vinlnn 0.litunal NrgionalDircclor %i rr. Hefty Chel l . I tc'gillnal f1i recG,r FtwirsP.Cheli ..............liegionalllirettor t A• 111 i Name ! o~iti~n t'rAig De IA Itorre Peirce 0.ilanam •Itrgiunall)irerU,r ...............ItcginnolI DirerU,r Herman Knutson Regional Director Knut Mehl Hrgional Iirector Charles E. Peterson Heglonnl Director Nleivin F. Reynolds ...........................Itrgionnl Director Rev. Harry Anderson DirectnrrorAdminisiraliver'ereoA tl&E ucaticM Directorfor Resident & Cnmmunity-Servicts David E. %Vallee$ Director rar Facility Services & Purchasing Rev. Jacob B..Ierstod DirrctororSpiritual Ministries Terry .1, Bolger Dlrectorof Data I'rocensing ) Donald D. Gobi Director urAccuunting Services Jerry Jacobsen Director of Auditing Hobert DoeScher ..............................Director of Field Auditing heshe E. Klceb . I)irecl,u of r'unSlructinn Mel Risting , , Directoror New Development A. J. Hoeger, President, age 61, halt served as Executive Director of the Satiety since 19G~. He received a R.A. degree from Concordia College, hlrxuheed, Minnesota; in the from the VnIversity a nce I 4, ~lissnuri, KanSeS City, I1IisSOUrI; And a B.D. from Wartburg Theological Seminilry in I)ubuyue, IWO, I le is a fnrmer bomrd member of the NAtlnnnl Iierim rlrs ,Society, the American An)clstinn of Fiames for the Aging and the American Ilcalth Care Amtocinllcn. .John H,Mger, Eacrulive Tice President, age L.S. has held the lxmiiion of ANwcfatt Director of the Society since 1972. Prior to that date he served ns AdminiStrstof or the Sixiely's i'Vier In I lostingS Nebraska. [it recelvtvl a II,A. degree Crum Concordin 1'olkge in h6whend. MinnouutA and a 11.1), degree from Weriburg Thoolugirat Srnrinary In Duirtultir, lawn. Air. lim-ger has loven nn tOcinl In lx,th the Anutiron ileolth Care kwcuation and the Nebraska Health Care Awwurielidn. Iknald It.'t'arlelon. Director 1nr Finnnre, Age i7, jninrd lhe.~x'D rty oiler 27 years In the banking husincsS. He attended li,dkr .luninr College in W)Ixv, Idaho, Ceorgis Stnie University in Atlmo. CcorgiA, and 1'nrific t' win (tanking Schwl At the Universilyof 11'ashingtna in .Neottle, Washington. lit is a member of the American Management Ammiaticm. FINANCIAL, STATEMENT 8 Included on the following pages is the audit report of Henry Schotttn And Company, certified I public actYruntantA, Which includes the bAlAnce sheet, the statement of revenues and eapenaee, and rhanges in fund balances end changes in financial purilion r..t theyears ended lkt'fmh-P 11, i0?? end , Ikcemh^r 31, 1918 t the S; ciety. i t i A•1/ `7 + f HENRY SCHMTEN 8, COMPANY L• M. rite, tr♦ At rat Nwe►I. SPA Ctrh►.{e fYrUi ALteYMfMM}Y a 04 M, M{M 1{{~ DLM4 M, {rL 1 MeNNIS P. light. CPA t MA IL M. BILLION. Cr{ ND re LlfM -4llrrw{A AM{rl{VN IN1}IIM a► N ~ SIOUX rallf, aOUT~~1 DAIIOTA ST ION t[rn rite root Lee tttO YM LN}{ MtNrf A. ■tma Lt{M• CPA VtttVMPNt Ia Oil aar•O~la rtV►.r May 15, 1979 I 1 + i board of Directors ' The Ev. Lutheran Good Samaritsn Society 1000 West Avenue North ' Sioux Falls, Sout! Dakota We have examined the balance sheets of The Ev. Lutheran Good Samaritan Society (a North Dakota nor profit corporation} as of December 31, 1978 and 1977 and the related statements of revenues and expenses, changes in fund balances and changes in financial position 1 for the years then ended. Except as explained in the following paragraph, our examinations were made in accordance with generally accepted auditing standards and, accordingly, Included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As explained in rotes i and 8 the accompanying balance sheets do not recognize a receivable or pay.%ble for the final settlement of services rendered to certain residents and reislbu-aed by various third-party payor programs. final settlements under the Welfare/Medicaid programs of the various states and the Medicare program are booed on allowable ' costs which must be reported to and reviewed by these third-party payors. Sufficient data was not available to rrsluste the effect{ if any, vhich F the final determination of reim~ursablj costs say brve upon receivables or payables and accordingly on resident operating revenue and the excess of revenues over expenses. In our opinion, except for the effa:t of any adjustments that might be required with respect to the final settlement of third-party payor cost reports, the balance sheets of The Ev. Lutharati Good Samaritan society as of December 311 1978 and 1977 and the related statements of revenues and expenses, changes in fund balancos and changei to financial j position tot the years then ended present fairly the financial position of The Ev. Lut'eran Good Samaritan Society as of December Sl, 1978 and 1977, and the results of its operations, changes in fund balances and changes in financial position for the years then ended, in conformity with Senerally accepted accounting principles applied oa a eonsistIont basis. 47 I NEt.R1 SONOL?EN i COtiPA i r AW11 Yna..... . Y .:......n . :.o•...,+ W . .,..~,.n ~r.nwnMY Flryj. I I i i THE EV. LUTHERAN GOOD SAMARITAN SOCIETY BALANCE SHEETS DECMER 310 1978 AND 1972 I ASSETS 1978 1977 t CURRENT ASSETS Cash $ 437,439 6 ---7021466 Cash to Savings and Certificates of Deposit 1218626096 905520248 Accounts Receivable, Less Estimated Uncollecttbles and Allowances of $110,000 in 1978 and $100,000 in 1972 (Notes I and 8) 41480,610 319526920 i Notes and Otter Currant Receivables 172,207 770907 Supplies Inventory 1~ 1,6531529 11385,995 Prepaid Interest 97,388 13,460 Prepaid Insurance 17,658 17,003 Total Current Assets $ 9~ 723,122 15,701,999 PROTERTY (Notes 1, 2 and 8). Land and Land Improvements $ 71756,183 $ 701376916 f Buildings 11368361936 106,101,43'1 Furniture and Equipment 14,521,893 1795850193 Motor Vehicles 610 861 399,477 $141,7251573 $131,224,023 j Less - Accumulated Depreciation 34,334,30b 29,237,089 $107,391,269 $101,486,934 j Construction in Prclress, Including Construction Funds of $3,027,066 in 1978 and $3,242,924 in 1977 11,675,327 7,271,561 Total Property $119,066,592 5109,258445 ASSETS NOT AVAILABLE FOR CURRENT NEEDS Cash and Time Deposits, Includes $4,143,024 in r 1978 and $2,599,331 in 1977 Pledged as Collateral f` to Long-Term Debt Other Secured Notes $ 46885,276 $ 3,320,931 Investments, Principally in Storks, 35nds and Land Held in Trust, at Cost (Market Approxis,atms $217,000 in 1978 and $219,000 in 1977) 996051 1040521 1 Notes Receivable and Othf* Assets (blots 3) 531,666 4960964 Deferred Finance Fees, Leas Accumulated Amortisation of $668,064 in 1978 and $554,999 in 1977 (Note 1) 2,1230221 11832,236 Total Other Assets T-T09 M_ 1_3iL.-amm TOTAL UNRESTRICTED FUND ASSETS $1469448,933 $l30,715,026 1 DONOR RESTRICTED ASSETS Cash, Restricted ~fo for-Property Repleeaaents ! and Expansion 209,437 169,386 f l,~.6 A.37Q 1130~4~,x12 The accompanying notes to financial statements are an integral part of tt.ose bal•nco °i shoots, A.10 i I 1 LIABILITIES AND FUND lAEANCES CURRENT LIABILITIES 19__.• 78_, 1g~7~ Short-Term Notes and Contracts Current Maturities of Long-Tee Debt (Note 4) ¢ 2 084,157 ¢ 1,267,423 { Prepaid Resident Rents (rote 5) Pre ,697,379 1 7 Accounts Payable - 472,332 3,639,601 Suppliers 242,012 Construction Projects 2,3361334 ~1,6)8+103 Accrued Salaries and Wages S32,134 Accrued Payroll Taxes and Other Expenses 1,981,091 1,S "4 " Accrued interest 325,406 6161003 i Current Maturities of Deferred Apartment 1,2211399 1,133,613 'Entry Fees (Note 6) Total Current Lisbilities S89,232 2586874 % 7 1439, 63 12 932 89 L0\C-7EX4 DEBT - Shou-- n-- AD~"o Leas current Maturities (Notes S and 7) , 82 857 730 77 643 161 1 DEFERRED APARTMENT ENTRY FEES - Lesv Current Haturities Shown Above rote 6) 1 1yC 069 ¢ 1,0-042 424 C08TICr'.CIfs AVD CO?MiT!}BsqS (Note 8) TOTAL LIABILITIES Mau 6 1111 66 4.M FUND` 6~ A~ LANCES Unrestricted Funds (Note 1) Donor Restricted Funds Restricted for ¢ 4409670672 ¢ ~g,096,547 PropertY Replacement and Expansion Total Fund Salancea 209,437 169,38E 4517 1 92 '1 ~+•~a~Z,Q a 4 ' I 1 1 I THE EV. IUTHERA•N GOOD SAMARITAN SOCIETY , STATEI!ENTS OF REVENUES AND LV ENSES FOR THE YEARS ENDED DECDMER 31, 1978 AND 1977 ` 1918 1977 OPERATING REVENUE s101,35T,S25 S d4S15A Resideng Routine Care d1,845, ~•13,b54 ,722 Ancillary Services Administrative Services, Principally from 406,OS4 0322,T35 Managed Centers 463,735 867,833 Employee and Guest Meals 851,968 772,325 Other Operating Revenue 73' Total Operating Revenue 6304, 1, 41_ 40,58 , OPERATING EXPENSES g S 49,8Q2,411 Salarlea find wages 584,553,836,,554 888 9,803,111 Payroll Taxes and Employee Benefits 13.653,606 13,029,330 Cost of Food and Supplies 193151681 111821848 Maintenance and Repairs 3,104,067 16313,551 Insurance 4,959,017 4342,966 Iter sea and Telephone 6,419,502 S, 4191335 nterest 5,168,007 4,877,465 other Operating Expenses 4.410,073 3,8189339 Other Operat I Total Opersting Fxpens*s 101 319 ! S 87 579,264 EXCESS OF OPERATING REVENUES OVER S 3,1729546 $ 31006,504 0~ ATTN_ G EXPENSES I i 'ION-Opl1tATING REVEA'UE (EXPENSES) 525,387 3060697 Unre" `tri'ctoo Gifts 840,393 637,988 I Income from Invastments (68,796) t2s,~4) 4 Miscellaneous Income and Expensa - Net I Total Non-Operating !evens ' I EXCESS OF REVENUES OVER t"ENSES 4.4+ 'S 4,126, • `J' k I r • The accompanying notes to firaneiel statements ere an integral Part of thus statements, E 0.20 ...,,,.....•,r..n..nw.. r+c...n .s'r.luv r.W>rw4wa ....m...:..,.....,......... I THE EV. LUTHERAN GOOD SMARITAN SOCIETY STATE?LENTS OF CHANGES IN FUND BALANCES FOR THE TEARS ENDED DECEMER 31, 1978 AND 1977 p 1978 1977 VPRESTOVED FUNDS Balance at beginning of Year S 39,096,547 S.33,023,929 Excess of Revenues over Expenses 414691530 4s126,190 Annuities: (Note 1) issued 136000 30000 Terminafed and Transferred to Unrestricted Gifts (10000) (32,009) Transferred from Property Replacement and Expansion Funds for Property Additions 1,189,595 1,915,428 Balance End of Year x,44,967,672 S 39,09b 54) i i DONOR RESTRICTED FUND Specific Purpose Funds: Balance at beginning of Year 5 - S - Donations of Food and Other Supplies 360601 140381 ) Transferred to Other Operating Revenue (36,601) (14,381 balance End of Year Property Replacement and Expansion Funds: Balance at beginning of Year S 1690396 _ b55,B79 Restricted Gifts and bequests 11429,646 1,288,935 Transferred to Unrestricted Funds (1,389,593) (1,975,426) balance End of Year 202.4 .4 1 169,386 , I I 1 i 4 Ij ' Tie accompanying notes to financial statemtnts are an integral Pat of the6t atatemanta, ~ j 6 t r A•21 i f:...,M.. i ~ I I nra,r~ , THE Ev. LUTHERAN GOOD SkMITAN SOCIETY STATEKENTS OF CHAV,ES IN FINANUAL POSITION FOR THE YEARS FNDFD DECEMBER 31, 1978 01) 1917 1978 1977 1 501JRCE_ O MS S 4,469,530 6 4,126,190 Excess of Revenues Over Expenses 5,168,007 4,8771465 Add - Provision for Depreciation 330,740 2281023 - Amortitation of Defrrrrcd Finance Fees Less - Amortization of Deferred Apartment (279,135) (259,183) ; Entry Fees _ (1p00) (32,000) - Annuities Terminated $ I 9,688,!42 5 8,940,495 Funds Provided by Operations 232,822 218,139 ~ I Property Retirements 11,328,012 Proceeds from Long-Term Debt Borrowings IS,768688,0696 696 385,863 651 proceeds from Deferred Apartment Entry Fees 13, 000 3,863 000 Proceeds from Annuities issued Community and Individual Donations of and for Property, Less $40,051 for Donor Restricted Assets in 1978 and Including $686,493 Transfetred 389,595 !,915,428 from Donor Restricted Assets in 1977 1, 21 Sb 207 S 22,850,997 ' Total Fund: Provided APPLICATION or FU:DS $ 15,209,026 $ 111282,084 Property Addlilons 2,235,422 39273,294 increase in other Assets Reduction in Long-Term Debt, Including $20057,776 in 1978 and $6240982 in 1977 Transferred to Current Maturities 1005446121 7852,307 r 453,098 1064662 Reduction in Deferred Apartment Entry Fees 44 7 22, 3 47 Total Funds Applied 4 'DECREASE INCREASE TO VORKING CAPITAI a 33 .65 i MLYSIS OF MOB IN VORKINO CAPITAL increase Dscr see It Current Assets $ (265,02)) $ (437076) cash 1 Cash in Savings and Certificates of Deposit 31309,648 2,0631034 $271690 4880073 Accounts Receivable 94,300 (74,53!) f Notes and Other current Recefvabl a 2690534 1270361 supplies Inventory 84,583 (540506) prepaid Interest and Insurance ! (Increase) t" reass in Current Lisbilitiet (616,734) (544,760) short-Tern Notes and Contracts (2,087,717) (624,982) Current maturities of Long-Term Debt (230,320) (66430) Prepaid Resident Rents (664954) (221020)) Accounts payable (412,160) 307,590 tecrued salaries ani Wises 90,597 (1271523) Accrued Payroll Taxes and Other Expenses (670764) 1,713 Accrued Interest A10 arrant >daturitisa olDefsrrsd Apartment Entry Fell („330,356) ~ (DEC RtA5E) I(:rse~er rN voRKtNO CAPITAL I. Ass mfi) ' The setompanyint notes to finanafel statements are an integral part of there statrrnents. A-92 I THE EV. LUTHERAN GOOD SAMARITAN SOCIETY NOTES TO FINANCIAL STAMZNTS DECEMBER 31, 1978 AND 1977 (1) SUFPSARY_ 0F ACCOUN'rINC POLICIES i RTNCIPLES OF REPORTING The financial statements of the Society reprtsent the covbins of the tion Society's 172 operating centers in 1978 and 165 operating centers in 1977 and its central office. All material inter-company balances, transactions and earnings have been eliminated. The statements do not include the financial statements of 16 centers to 1978 and 12 centers in 1977 that are managed on a fee basis by the :aeiety. TAX EXEMPT STATUS Socesiunety non-profit 501(c)(3)organization of the o internal Revenue from Code, Thel Society has, hovever, elected to cover its enployeee under Federal Social Security. 1 ACCOUNTS 1:LCEIVAELE I M f The Society maintains its accounts receivable on a cash basis 1 during the year ands at year-end, records all collectible accounts j receivablt^ It. addition, starting in 19770 the Society has provided 1 an •1lovan,.e for eatfmated uncollactiblt accounts of $1001000 at j t December 310 1971 and $110,000 at December 31, 1978. The 6ociety does not ratord a computed receivable or payable for the final settlement of st-rvicas tendered to certain residents and J rolabursed by third-parr, payor programa, Toese programs reimburse the society for the cot of services in accordance vith principles of reimbursement prescribed by the programs, Medicare and Modicaid/ttelfare, in certain etstes, reimburse the Society on a tentative basis during the year and teluire a final settlement after year and, in addition Medicare and several state Medicaid/l,'elfare programs require subsequent program j audits that can result in further adjustment to these settlements. - Note S. I SUPPLIES INVENTORY ' Supplies inventory consists principally of food, unused linens office supplies and housekeeping supplies. Inventories art valued at cost determined by the tirst-in first-out (FIFO) methnd, 1►110rc Ty } s I Property is recorded at cost except that the value of land and t other property Items donsted by communities and individuals is recorded 1 at the estimated value of the asset at the time it to donated. i I 1 A." f I _I I a.r I i THE EV. LUTHERAN GOOD SAMARITAN SOCIETY ' NOTES TO FINANCIAL STATEMENTS I DECEMBER 310 1978 AND 1971 The property at certain centers is financed in part by the proceeds of industrial revenue bond issues secured by long-term leases. Lease payments net of interest associated with such losses, have been capitalised and are included in the accompanying balance sheet as property and long-term debt. - Note 7. Maintenance, repairs and replacements which do not improve the acast or extend the asset lives are expensed as incurred. Cost , of additions and improvements are added to the land, land improvements, buildings and furniture and equipment accounts. Depreciation of property is provided on the straight-line basis. } Depreciation Yates are based on the estimated useful lives of the assets and/or the rates allowed by the Medicare and Medicaid/Welfare regulations applicable to each statt. The lives used are sit follow ! PROPERTY USEFUL LITE Lan Improvements T5___ 0 years Buildings 5 - 40 years furniture and Equipment 3 - 40 years Vehicles 4 years Construction in progress includes the contractor costs, capitalised interest and other 'construction costs accrued to year end, at existing and new center locations. In addition, funds that are committed to pay for uncompleted construction are included in construction in progress. DEFERRED FINANCE FEES Deferred finance feet represent the cost of underwriter fees, legal fees, printing expenses and other costa associated with obtaining i long-term debt financing. These costs are smortised on a straight-line basis over the terms of the related indebtedness. PENSION PLAN j The Society provides a pension plan covering all adoinistrators i and certain other key personnel, The plan is fueled tbrough the pension and benefits plan for Clergy and Lay Workers of the American Lutheran Church, Minneapolis, Minnesota. The plan provides pprincipally that the eligible employee and the Society shall contribute Sx and 5x reapectival.. of the employee's salary to the plan. The plan also provides that the cus.:ative amount in each employee's account upon retirement and reaching ago 65 shall be used to purchase a life annuity. 110 prior service cost cr unfunded vetted benefits exist under the plan. The Society's policy is v fund pension costs as accrued, The Society funded approximately 1:98,000 and 6!46,000 to the plan 1.1ring thojeats ended December 31, 1978 and 1977 r upeetively, This anaunt incluM employees' shares of pet,tioo to-tributions of oop.oximately 11040000 in 1978 and 191,000 in 1971 paid by the Society &s additional employee compensation and recognised in the financial statements as a pension expense rather than a salary expense item. A-44 THE EV. LUTHERAN GOOD SA)WRITAN SOCIETY ' NOTES TO FINANCIAL STATEKEVTS DECEMBER 311 1978 AND 1977 ! ANNUITIES The unrestricted fund balance of the Society at December 31"- 4 190 8 and 1977 includes annuities aggregating $119,700 and $107,700 respectively. These annuities bear Interest varying from 42 to 8.242. The principal amounts, however, do not have to be repaid to the annuity owners. Upon the death of an owner the related annuity is terminated and no further obligations exist to the deceased owner's estate. (2) PROPERTY Property at December 31, 1978 .,d 1977, consists of the followings 1978 1977 ACC TED . , ACCUMMATED COST DEPRECIATION COST bEPRECIATION Land s 4,800,942 - b 4,7571709 $ - Land Improvements 2,955,341 6691545 2038f,207 528,231 Buildings 11308361936 2204860409 10661011437 190037,394 Furniture and Equipment 19,521,893 10,883,743 1705651193 904910205 Motor Vehicles 274,607 399,471 180.259 ,~14„~1;71}_573 1_34,334,304 $131,22,24 S 2 .237,019 1 (3) NOTES RECEIVABLE AND OTHER ASSETS j Notes receivable and other assets consist principally of miscellaneous notes receivable and a 9250,000 advance in 1977 to the Christian Action !lin:stry Center fur Human Development. This center is currently in the process of building a skilled nursing care tenter in Chicago, Illinois, Upon completion this center yi11 be wnarad f by the gociatyl and an smouat equal to 21 of the :Toss operating income I of the center will be paid to the gociety for a period of 10 years to amortise the advance. The 2% fee, described above, is in addition to the customary fee charged 6y the Society for managing an uotelated 2 nursing hone facility. Ta f A.gg THE EV, LUTHERAN COOD SAMARITAN SOCIETY + NOTES TO FINANCIAL STATEMENTS DECEMBER 311 1978 AND 141? (4) SHORT-TERM NOTES 00 CONTRACTS At December 31, 1978 and 1977, short-term notes and contracts are sunrarised as follows 19781.977 Secured Notes and Contracts 41,381,903(x) S 279,000 Unsecured Notes and Contracts 702,2 (b) • _ 988,,423 $2.c84.157 81,267.4- (a) Secured notes bear interest varying from 6 1/2% - 11 314% and are secured by cash, accounts receivable and property. (b) Unsecured notes bear interest varying from 8% - 11 314%. $108199200 of unsecured notes at December 31, 1978 Were refinanced in January, 1979 frog the proceeds of an industrial revenue bond issue secured by a long-term lease. The effect of this subsequent refinancing has been reflected retroactively at December 311 1978, in accordance With generally accepted ettounting principles, and sctordingly the notes are recorded as long-term debt in the accompanying balance sheet. 'r I (5) LONC-TERM DEBT 1978 _ 1977 Debt Secured with Mortgages of Certain Propertyt Mortgage Notes . $ 26,236,$97(a) 5 27,210,613 Mortgage bonds 24,1390049(b) 2305376700 Obligations Under Capitalised 25,918O559(c) 16,561,000 2 599 3 ! Loses 4,143,024(a) Other Secured Notes 5 80,432,129 5 69,935,444 1 Unsecured Debti Notes Payable to Individuals $ 4,943,012(e) 5 5'310 Z58 Other Unsecured Notes 333,134(f) 7,539,000 Direct Obligation Notes 4,856,733(g) Iro`-§ 3E ~ 90,565,306 1 13,282,162 tell - Current Maturities of Long- Tate Debt 7,647.3TS 5.639.401 1,867.130 41L64~ A•26 1 N THE EV. LUTHERAN COOD SAWITAN SOCIETY ROTES TO TINANCIAL STATEMENTS DECEMBER 31, 1978 AND 1977 i (a) Mortgage notes beer interest varying from 4 1/2%-10.16% and require principally, monthly principal and Interest payments. It- I (b) Vortgage bonds bear interest varying from 4 1/22-9 3/42 and requi-i principally, semi-annual interest payments. Certain mortgage bonds result from the issuance of tax exempt industrial revenue bonds. These bonds are secured by a mortgage of the applicable center's cash, accounts receivable and property, (c) Certain Society property to financed by the proceeds of industrial revenue bond issues secured by long-term leases. All of the leases provide that the Society may, at its option, purchase the property by payment of the related revenue bond Issue plus a nominal additional consideration or that the lease term a lust equals the economic life of the related property, All of these leases have been topitalited in accordance with generally accepted accounting principles and accordingly the cost of the property and the related indebtedness applicable to the bond issue are recorded in the Society's financial statements. - Note 7, The revenue bonds bear Interest #srying from 4 1/2% - 9 1/2% and require semi-annual interest payments. As indicated in Note 40 capitalited leas es include the 4198190200 proceeds of an Industrial revenue bond issue in January, 1979 to refinance unsecured notes due at December ll, 1918. (d) Other secured notes bear Interest at 8% and require monthly Interest payments with the principal due in 1987, s , (e) Notes payable to individuals bur interest varying from 5 1/2%-8 1/21 and require monthly, quarterly, semi-annual or annual interest payments, (f) Other unsecured notes bear interest varying from 02-102 and require principally, monthly principal and interest payments, (g) Direct obligation totes bear interest varying from 7 1/22-102 and t require seal annual interest payments, I~ I , . f f • E { A-4'7 , h All I ooM« ~?O nM ~tlJn N M w N n ~ M 0n 82525 25~52525~ n M P O r O'. rM` O~ ~D ` <~M~c ~OPO O~ fvO 1 N N ~p N W r• .a r.1 n ~ I Q p N ~ O N o ' 06^10 ko enO b O h d kC G Viff1111 r' y I T ~ MP. O w Ni P P. M M N M , ES ~;0sC.~~ 5~88g <P PM O~ .e Pn O y}r+ •.p..0p• F kZDN N ~.Y7 N.p ~ N !dr% M 477 •e++~ , n OC ~D K! N V1 dr4 a pp M N I M o s } i } rr < ~ I ~H OMH1 d nN N~NM A $ W ~D N.+OM O' I ~ h F WOO Q~C N~ NRA MMN~ Y1~N ~D ~p N~Pw~ N rr'!! M G WP T O, OMnNp N.r ADO ON SOP p ~ M r0Op bp~ N e~O ~P~pp yy~~Np pp~~.prM pp y~NMWNW pNRN M I F G'i J1 1~ 1~0 ro P O M •P=• N ~ d J1 ~0 N ANN ~O Vm P-4 O Opt y 4 • • • • • • r • r • • • 14 1~ Fsj I{ W~ W W.AW WMW►i P-404 N A.HI I 111H ~N ~ i 6% OW 0 008404 114%, 941# .i ~p r1 •.r N N OD u %J N ► N O• qe~• • U ~yp~ IC $nie~3e~c+ ~ V+1 yN~ , V 4 .40.: Mr1N M 4 N N ` Sw III twgWMM W W W W WNW W MW W NW W••M WI A•28 i I THE EV. LUTHERAN COOD SA.WUtITAN SOCIETY NOTES TO FINASCIAL STATEMENTS DECEMBER 31, 1978 A.\'D 1977 (6) DEFERRED APARTMENT ERTRY FEES t Apartment entry fees represent deposits rids by apartsent residents. The deposits are amortized to revenue _'n accordance with f • the terms of each deposit contract. Although the terms of the deposit contracts vary, the contracts provide principally that the Society i shall earn from if.' to 0 of the deposit each month the depositing resident resides in a Society apartment. Refunds are made of unamortized deposits on principally all of the contracts when the respective residents vacate an apartment unit end the unit is reoccupied. t The current maturities portion of the above deposits represents' the estimated portion of these fees to be refunded and to be amortized to income in the year subsequent to December 31, 1918 ■nd 1971. (7) CAPITALIZED LEASES As described in Notes l and 5, certain operating centers are financed in post by the proceeds of industrial revenue bond issues secured by long-term leases. These long-term leases have been capitalized in accordance with generally accepted accounting principles and are reflected in the accompanying balance sheet as a part of the property and long-term debt of the Society. The lease agreements require payments sufficient to anortise all principal and interest applicable to the related bond issues. Aggregate minimum lease commitments at December 310 1978, for the capitalised leases described above, are payable as follovai E~ YEARS ENDING 1i 1 DECEMBER 31 AMOUNT 1070 2,3U1190 1980 2,676,371 i f ! 1981 2,648,126 ` 1983 2,687,060 =,701,i0S Remainder Through 2003 56.333,562 Total Minimum obligations e9,m00,521 im Amount Representing Interest l3~4E6.96? Present Value of Hieimun Obligation I 23,113,btt ` i j { A•20 i i i • I 1 I THE EV. LUTHERAN GOOD SkWITAN SOCIETY NOTES TO TINANCIAL STATE.KENTS DECEMBER 31, 1978 AND 1977 (e) CONTINGENCIES AND CO.mITMESTS SETTLEMENT OF THIRD-PARTY REIISBL'R5E?SENT PP W S The services provided at certain Society centers are paid for by third-party payors on the basis of the cost of providing such services. These costs are determined in accordance with the principles of reimbursement of the respective third parties in the states in which the centers are located. The following programs provide for reimbursement at various defined cost levels which result in reductions from normal resident chatgest APPROXIMATE PERCENT OF TOTAL RESIDENT ROUTINE CARE REVENUE FOR THE YEAR ENDED DECEMBER 31 THIRD PARTY PAYOR 978 1977 Medicaid/Welfare 47.9% 47.11 j Medicare .4% 4Y ..A$ L11. Each of the above programs require the filing of annual cost t reimbursement reports which ate subject to audit by the third party payors. As stated in Note to the accompanying financial statements do not reflect the estimated settlemut.es on a cost reimbursement basis 3 for services rendered to residents under these programs. Sufficient evidence was not available to determination of reimburasble fostsamay t have fupon ~ accounts itfeivablel and resident revenue. Although the resulting settlement of the above described cost reports is not daterm;uble.st December 71, 1978 arJ 19771 it is the j opinion of Society management that ot• significant adverse effect will result from the settlements. UNE"LOYMBYT TAXES SELF INSURED_ The society self insures its own liability for unemployment texas 1 at a substsntisl number of its centers. As a result, these centets do not participate in the various state unemployment tax prostami in the states where the centers are located. Since the inception of this self insurance program in 1972, unemployment claims totaliq $9446259 have been paid from the program. A-30 1 THE IV. LUTHERAN COOD SkWITAX SOCIETY NOTES TO FIXANCIAL STATEIENZS DECD3 ER 310 1978 AND 1977 CONSTRUCTION IN PROGRESS AND PLMNED EXPANSI04 The Society at December 31, 1978 has entered into etinstructior+ contracts for projects which have uncompleted v-jrk of approximately $d18030663. This cost does not include all interest costs, furniture and fixtures and certain oti,er costs to be incurred on the projects. in the opinion of Society management the uneapen.led construction funds of $3,027,606, available bank lines of credit and plan:.ed bank or other borrowings will be adequate to cover the above uncompleted work and all remaioin$ additional costs to be incurred on the projects. In addition to the projects described above, the Society's Board of Directors have also approved certain projects that have er will be started subsequent to December 31, 1978. The estimated cost of these projects and the source and amount of related financing is estimated by Society management as followsi Estimated Cost of Planned Projects $25,793,872 )financing for Above projects $hill be Obtained as Tollnwst Short and Long-Term Debt E.1rrowings $24910s237 Deferred Apartment Entry Fees Collections 6271135 Cash in Savings and Certificates of 31S,S00 Deposit Usesge community Fund Raising Donations 745,000 872 125.79 included in the above planned projects to a project Intated in Xiaaimmee, Florida that has been awarded to the Society by a j bankruptcy court for a bid of $9,7509000. The Society anticipates spending an additional 1750,400 on the ptoject and has obtained financing fat the project of $1005000000. The ultimate award of this project to the Society may be delayed if certain Appeals are tads by other bidders for the project. Also included in the above planned projects is a pT^'+ct located in Albuquerque, Nov Mexico which has an estimated cost of 110,391,135, This project will be financed principally from the issuance of tax-exempt bonds and the collection o' apartment antry fees. a A•Sl THE EV. LUTHERAN GOOD S.kWITAN SOZIETY NOTES TO FINANCIAL STATEMENTS DECEMBER 311 1978 AND 1977 PROPERTY DEPRECIATION POLICIES 1N NEBRASKA As stated in Note It the Society's depreciation rates for property are based on the estimated useful lives of the assets and/or the rates allowed by Medicare and Medicaid/Welfare regulations applicable to each state. On January It 1976 the society changed its depreciation rates, as a;,lied to buildings and building components, for all centers operated by the Society in Nebraska. This change was side to more properly reflect the estimated remaining useful lives of these buildings and building components. The change was accounted for, in accordance with generally accepted accounting principles, by prospectively providing depreciation on the net book value of the buildings t and building components over the remaining useful lives of the assets. r Subsequent to this change the State of Nebraska's Department of Public Welfare adopted a colt reimbursement Medicaid/Welfare program and promulgated MedicsidjWelfire regulatiors effective July It 1976. Field audits condudted by the Department, after this date, have made the contention that the change in depreciation rates should have been accounted for by retroactively providing for depreciation for each applicable building or building c-)mponent to the date the asset was placed in service, The Society's m nagement. is vigorously opposing this contention and anticipates legal action :gsinst the Department of Public Welfare if necessary. V,e Department of Public Valfare reviewers have conceded, to data, that the Department would permit the Society to eonvert to its previous depreciation rates, if this action were taken by the S,)ciety, the tesu)t vould be a reduction of previously provided depreciation of approximatity $790,000. In addition, this reduction in depreciation for the years ended December J1, 19181 1977 and 1976 would result in a pay back to the bepsrt2ent of Public Welfare of approximately =495,000. The ultimate outcome of the above negotiations are not presently determinable. to. 11,84 a i OWID W P ~ W MMNT 1-01-79 70 7-31-78 F F 110 GOODS TU EA tLHOME ST__ _ ACCT ACCOUNT CURRENT rEAR.r PER D NO _ DESCRiPTiON MONTH _ SALANCf ~tO~itH ~E.c' OPERATING INCOME RESIDENT !570172#86F•97CR ANCILLARY SERVICE 231016.22CR rl ! jFOOD SERVICE 5330570030CR r OTHER OPERATING INC ME 2004609CR CHARITABLE ALLONANC 126.312.15 TOTAL INCOME 58►060►340.33CR I OPERATING EXPENS ADMINISTRATIVE 6•E63.943•05 EMPLOYEE BENEFITS 2060#811.59 RESIDENT CARE 190755#131.18 REHABILITATIVE 510.169.46 ACTIVITY AND SOCIAL SERVICE 105930043000 LAUNDRY 11807#[72.50 HOUSEKEEPING D 2#444#580.47 IETARY PLANT OPERATION+MAI 10#407#315.46 TENANCE ?#092#550.35 UTILITIES + 2#528#692.77 INTEREST EXPENSE ! 3#734#538.64 I DEPRECIATION-LAND I P90VEMENTS 88#371.29 DEPRECIATION-BUIIOI,GS 1065#66809 DEPRECIATION-EOUIPM NT 884#20502 I PROPERTY AND FINANC AL 354#316063 I OTHER OPERATING EXP NSE 4850130472 TOTAL OPERATING XPENSE 570475#847.02 i NET TIPERATIN3 IN~OME ( 9 q 543.3 Cl R 1 OTHER INCOME AND'EKPENSE GIFTS 348#43504CR INTEREST INCOME 4330013605CP GAIN ON ASSETS SOLD 70S00•S4CR RESIDENT SERVICES 81877.17 OTHER INCOME AND EX ENSE 530#224.18CR ; TOTAL OTHER 1NCO E*EXPENSE 19310#295.94CR NET INCOME 1#8940839.25CR I SALARIES I :.ADMINISTRATIVE AND FFICE 3#284#744.47 NURSING ~18#658r791.8D REHAB-SDC SERVICES 1~7b0#518.81 ; ! LAUNDRY 1#293r6t2.4/ ' HOUSEKEEPING i 2r012r204•25, OIETARY ! 4#008rl49•bb I j, j R MAINTENANCE 1r069~926.11 OTHER SALARIES 42'Ji617.88 TOTAL SALARIES ~33#429#485•14 i { ! I ' E { ~I 1 -.r r91 .,W THE FV, IUTH, GOOD SAMARITAN SOCIETY BALANCE SHEET GOOD SAMARITAN CENTERS DATE CONDENSED CONSOLIDATED 170 OPERATING UNITS JULY 310 1978 ,eta ACCOUNT ACTIVITY CURRENT CURRENT HO DESCRIPTION T..I, YEAR: i flO!JTu I so* ASSETS 000 I CURRENT ASSETS ASH 7920754667 EKPORARY INVESTMENTS 01bOr228r9$ j ASH RESERVE FUNDS 1 ►16407b0.99 I CCOUNTS RECEIVABLE ►092000* 03 OTES RECEIVABLE 134,4750$8 j NVENTORIES #345,630.63 I REPAID EXPENSES 4130519,94 ITHER CURRENT ASSETS 1610118,92 j ..TOTAL CURRENT ASSE S .2 02890553104 f FIXED ASSETS AND 0600348646 I AND IMPROVEMENTS #5460816.55 I UILDINGS 10 #627085162 j URNIIURE AND EOUIPME T I #6330912.04 I ROJECTS UNDER CONSTR CTION 0562#739.25 i CCUMULATED DEPRECIATION 3 01440326r74CR j TOTAL FIXED ASSETS 10 01870075.18 I EFERRED CHARGES40THE ASSETS 05230171.26 I j OTAL ASSETS 13 09990799.48 I 040 LIA ILITIES AND EQUITY 404 •CURRENT LIASIL1.TIf - 000UNiS PAYABLE 97840106,31tCR 1 OTES PAYABLE••SHORT T RK 07500945039CR I i AYROLL TAXES r 600P09102CA CCRUED EXPENSES PAYA It 09450043.3SCR I ItHER CURRENT LIABILI IES 00680943.12CR I URRENT PORTION LONG IERK DEBT 0597y770.20CR I TOTAL CURRENT LIAR LITIES 1 07460950615CR f LONG TERM LIABILIT ES 01ES PAYABLE 1 P961P60bo66CR j ORTGAGES PAYABLE 3 00750261,92tR ONDS PAYABLE S•.•:••' •4 #941r098,4tCR THER LONG TERM'LIAB1 ITIES #257026507CR ESS CURRENT PORTION 05970770.20 TOTAL LONG TERM L1 BILITIES $ 06~70461,S1CR • TOTAL LIABILITIES 9 P3849411@66CA OUITY 3 01740376►47CR ESTRICTEO G.1FTS_ _ 5460172,30tR .i ET INCOME r8940B39025CR TOTAL E0U1TY 4 P6150387,82CR 1 OTAL LIABILITY AND E UITY 13 99 749 4BCR I UNtHAIINU ,1AitMtNl 1-01-71 TO 7-31-75 FOR 171 GOOD SAMARIIAN HOMES _ ACCT. ACCOUNT CURRENT YEARLY PER DIEM NO. DESCRIPTION MONTH BALANCE MONTH YEAR A TTRT RESIDENT 66r346x244.46CR ANCILLARY SERVICE 2310325.42CR FOOD SERVE 6200521.34CR rawrv, r:„Ws; ING INC NE 232,508.62CR t CHARITABLE ALLO~,ANC 295r53o•~9 s TOTAL INCOME 67#237#063.15CR ' OPERATING EXPeNS ADMINISTRATIVE 7#314015.09 J I 1 EMPLOYEE BENEFITS 2x453,292.06 kESIDENT CAKE 22x593►999007 s REHAEILITATIVE 65b#711689 } ACTIVITY AND SOCIAL SERVICE 1#93br397.15 LAUNDRY 2#133030.43 j HOUSEKEEPING t061Cr315.08 1 } DIETARY 12,123,b11.15 PLANT OPERATION*MAI TENA4:E 2r472r5U6.37 ' UTILITIES 209350949.12 INTEREST EXPENSE 4xUb7,54d.72 DEPRECIATION-LAND I PRuVeMENTS 109x154050 j j DEPRECIATION-BU1LDItGS 2#125x636.67 1 j , DEPRECIATION-EOUIPM NT 968#615.61 t PROPERTY AND FINANC AL 3040715091 j t OTHFR OPERATING EXP NSf 5090486695 j t TOTAL OPERATING EXPENSE 6505180369477 NET OPERATING IN OME 101110613.39CR j I OTHER INCOME AND EXPENSE GIFTS 3270759684CR INTEREST INCOME 548r4630I06R GAIN ON ASSETS SOLD 11,6U5030CR I RESIDENT SERVICES l3m283.61CR 1 OTHER INCOME AND EX ENSE 729#b29.06CR TOTAL OTHER INCD E*EXPENSE 1,641,13701CR I NET INCOME 3x359#b11•29CR SALARIES ADMINISTRATIVE AND FFICE 3,b65,96300 NURSING 21#305x276.55 REHAB-SOC SERVICES 2#223x99404 ' LAUNDRY 1#568#14b.50 J HOUSEKEEPING 20 16#307.39 i I DIETARY 5x614x05o.20 I , MAINTENANCE 1#234#916633 OTHER SALARIES 491x574.01 j I TOTAL SALARIES 3B#616#234.22 ,f I Vu I J L 11.) cu 1, unjuL AVr l[v C71GCOD SAMARITAN CENTRS DENSEO CONS% IDATED DATE OPERATING UNITS JULY 3L 1979 / 1 i ACCT. ACCOUNT 1 NO. DESCRIPTION ACTIVITY CURRENT CURRENT THIS YEAR MONTH BALANCE • r ~ CURRFNT ASSETS ASH I + T-FrPORARY INVESTMENT 426►2JD,45 CASH RESERVE FUNDS 6,234rg23,iJ I ACCOUNTS RECEIVABLE 1i, 57,865,92 NOTES RECEIVARIF 60i56,2,tt,.U5 ? INVENTOFIFS 88x769.05 I PREPAID E)PFrIS;S 1,486,428017 OTHER CURr?FNT ASSETS 499►64g001 TRIAL CURRENT ASS TS 322►72e0~~ i 6► MP 064, 44 FIXED ASSETS LAND r LAND 'IMPROVEMENTS 0862,242.46 BUILDINGS 3,U54,06.53 I I FURNITURE kN11 EQUIPM.NT L it 2001 572.01 I PROJECTS UADER CONST UCTIJi 1,004x354002 ' + ACCUMULATFD DEPRECIA ION 300b3,1$907u s TOTAL FIXED ASSET 7,4680419,7;Cq D,:FERRED CHARGES40TH R ASSETS 1 40741)5?0.97 ~ + drJ99x413.60 TOTAL ASSETS I 1 4,723,448.41 #4R Li BILITIES AND ECUIIY EN r ; CURRENT LIAAIIITI S aCCOUNTS PAYABLE I NOTES PAYABLE-SH3QT It M 201660350?6CR f I PAYROLL TAXES 1089Ux271.46CR ACCRUED EXPENSES PAY 9LE 745►174006CR OTHER CURRENT LIAOIL TIES 3x640x35*sWR CUFRENT POkTION "'N~ 2x197x9330BYC4 + TERM DEBT t06760877.34CR I TOTAI CURRENT LIA ILtTIES I a►3190551.34Cit + LONG TERM LIM LI IFS + NOTES PAYABLE M3RTGAuES PAYABLE 9/2591f6b0E4CR + 89NDS PAYABLE If 627p 673 0 96CR + OTHER LONG TERM LIAB LITIES 20205j060•65CR j LESS CURRENT PORTION 2,152,27~01ECR I TOTAL LONG TERM L ABILITIES 7,6760817.34 + 7.4576.020303(cR TOTAL LI08ILI7IFS I 1 5,88907540>3CQ EQUITY r ESTRICIED GIFTS 3►055)35u.51CR + NET INCOME -419POt2036CR j TOTAL EOUITY 403390411i29C9 j + 8x634r244016CR TOTAL LIABILITY AND OUITY ! 40723), 998091C9 C NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX ORDINANCES TO THE CODS OF ORE OR OF THE CITY OF DENTON, TEXAS, by ORDINANCE No. 69-1, AND AS SAID MAP APPLIES TO APPROAINATELY 10.227 ACRES OF LAND, M LESS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; t AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION 1. I That the toning Map of the City o Denton, 11th day of January, 1969, as an Appendix Texas, adopted Ordinances of the City of Denton, Texas under 0 the Coda of Ordinance No. 69-1, be, and the same Is herebyroamended as All followse ppaa des the Agriculturalf •A• Districtd herebtyniremoved Map, from a and all anuary, isI969, of l~ J amended, N shall 69-1, ado ted tai ly to asaid j property as Single Family •SF-164 District in they same Banner andomore particularly d scribetdh as E liowe=miiy •SF-164 District All that certain lot, tract at parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the C. Poullalier Survey, Abstract No. 1006, and R being part of two trsets of land herinafter referred to as { tract one and tract two, tract one being conveyed from B. + Thomas, et ux to R. A. Nichols by deed recorded in Volume 526, Page 665 of the Deed Records of Denton County, Texas and tegot two being conveyed from Lubert J, Wallace to Robert A. Nichols and V. R. Clearman by deed recorded in Volume 511, page 27 0f the Deed Records of Denton County, Texas, and more particul7 arly described as followss ` BEGINNING at a point In the north boundary line of said tract ff same being the South tight of way line of Y.M. Road 2181, said point of beginning being 726,4 feet south 690 57' 400 west of the northeast corner of said tract one; k TRENCH north 090 57' 400 east along the north boundary line of said tract same being the south right of way line of Y.M. Road 2101, a distance of 194.4 feet to a point for a cortarl Li THENCE south 00 36' S01 east a distance of 706.3 feet to the { bsinning Of a curve to the right whose chord bears south 80 117 west and whose chord length is 76,39 feet; THENCE ■0uthwesterly along said curve to the right said Curve having a central angle of 170 35' 40" and a radius of 249.75 feet a distance of 76.69 feet to a point for a corner; i j THENCE north 890 59' !0• east a distance of 513.9 feet to a h point foe a corner in the east boundary line of said tract; I THENCE South 10 14' west ang the east boundary line of said tract a distance of 415.3 lo feet to a point for a corner, same being the southeast corner of said tract; Z-1415 Robert ?ticbola 3 4 I I J 1 I r{ THENCE north 890 57' 206 vest along the south boundary line 1 Of said tract a distace of 684.9 feet to a point for a carne a . THENCE north 10 57' 30" east a distance of 214.0 Point for A corners feet to a THENCE north 890 55' 400 west a distance a j point for a corners of 5.7 Peet to THENCE north 30 38' 40' Point for A corner= vest a diatanee, Of 313.1 Peet to • EE THENCE north 00 49' east a distance of 670.4 fee's t0 the place of beginning and containing 10.227 acres of land, sore or. less. I SECTION II. findsh thath sucht changeclis of taccordncef with Denton, Texasrehonsivhereby ! plan for the purpose of promoting the general welfare of the + City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate used of land for the maximum benefit to the City of Denton, Texas, and its citizens, BECTION III. That this ordinance shall be In full force and effect Immediately after Its passage and approval, the required public {I Commission aandgtherCity Co n been 11 bold the Cthe ityPOf Denton, toning after giving due notice thereof. PASSED AND APPROVED this the 16th day of October, A. D. 1979. , If ~ I ~ I I 1 LL H, R J I I CITY Ot DtNTON, TEXAS ; ATTESTS l ~ ~ I B Ir9 0 T, TY S T j CITY 00 DENTON, TEXAS APPROVED AS TO LEGAL i'ORMt • 7'•. i BURT R, B L MON , A I TY I ATTORNEY, CITY OF bENTON, TEXAS j 1 d j I I CITY OF DENTON i Memorandum I October 16, 1979 h Agenda Item: Consider an ordinance regarding the annexation and Light Industrial (LI) zoning petition, 2-1608, of Mr. Dale Cunningham (Texas Instruments). ? ' Summary: The petition of Mr. Dale Cunningham for annexation and Light Industrial (LI) zoning classification on a 314 acre tract comes before the City Council for final action at this time. This petition has completed the public hearing process before the Planning and Zoning Commission and the City Council, and all state requirements regarding annexation have been met. Recommendations: The Planning and Zoning Commission unanimously recommended approval of this request at its meeting of July 18, 1979, t Action Required: The City Council should move to adopt the annexation and zoning ordinance prepared by the City Attorney. Exhibits: A. Memo I I; B. Ordinance C. Planning Commission Recommendation D. Map i i k r s i i ORDINANCE No, f I 1 AN ORDINANCE ANNEXATING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF Ct:,tJ;l, TEAAS; BEING ALL THAT LOT, tRACT OR PARCEL OF 1 LAND CONSISTING OF APPROXIMATELY 314.8261 ACRES OF LAND LYING AND i BEING SItUSA! E0 IN THE COUNry OF DENTON, STATE OF TEXAS AND BEING ABSTRACT, 1404, AND THE UN. WADE ATRACT NO. 297s SURVEY, ABSTRACT N0. 1407E SURVEY, i COUNTY, TEXAS; CLASSIFYING THE SAME AS LIGHT INOUSTAIAL DISTRICT PROPERTY; AND DEC14RING AN EFFECTIVE DATE. WHEREAS, the request for annexatlon was introduced at a regular meeting or the City Council of the City of Denton, Texas, on the petition of Dale Cunningham; and WHEREAS, an opportunity was afforded, at a f{ public hearing held. for that purpose on August 7, 1979 for all interested persons to state their views and present evidence bearing upon the annexatlon f provided by this ordlnancet and f WHEREAS, this ordinance has been ! Published in ruff of bast one time In the official newspaper of the City of Denton, Texas, i prior to its effective date, and after the public hearin 4s i NOW1 THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSs SECTION I. That the hereinafter described tract of land he, and the some i i is hereby annexed to the City of Denton, Texas, and the some Is made hereby a part of Bald City and the land and the present and future Inhabitants thereof'shsil be entitled to all the rights and + privileges or other citizens of sold City Ind shall be bound by the acts and ordinances of sold City now In effect or which may hereafter be enacted and the property situated therein shall be subject to ;n; tha11 bear its prorate part or the-taxes levied by the City. Tne tract of land hereby annexed Is described as follows, to-wltr II Being all that certain lot, tract or parcel of land situated in the J. S. Collard Survey, Abstract No. 2970 the A. White Survey, Abstract No, 1406 and the N. Wade Survey, Abstract No. 14070 Denton rcunty, ryas, and Jeing nore portlculorly d^icrlhed -is fuliuws: BEGINf1ING at an iron rod at the present intorsection of the common i east line of the J. S. Collard Survey, Abstract No. 297, and boost i lino of the T. Toby Survey, Abstract No;, 1238 +1th the north right of way line of Riney Aoad (a 70 fnnt right of way); t i C-14C8 Dale Cunningham I i K~ {I II f it 1 THENCE north 88 th degreesthea 37sminutrig t hest of 36 seconds rest 329,0 feet with the north lintr of Rlrey Road to or way Iron line rod of U cu toff Jn e nore I, for corner. at a corner , S. Highway 77 (a F20 foot right of way)J THENCE north 73 degrees 13 minutes 39 seconds rest 77,24 feet with J j the northeast line of U.S Highway in iron rod fn: corner; 77 and the corner cutoff line to iH E ncrtA ;3 degrees OB minutes jig seconds west 814.14 feet , r h the northeast line of r; U. S. Highway 77 to an Iran rod for THENCE north !1a degrees 09 minutes 36 seconds west 3530.01 feet I wltA the northeast line of U. S. Highway 77 to an Iran rod at the south corner of a corner cutoff at thu present Intersectlon of the ' northeast line of U. S. Highway 77 with the east eight of way line of Bonnie area Road (a variable width right of way); ; THE;ICE north 29 degrees 02 minutes 01 seconds west 26.60 feet with the corner cutoff line to an Iron rod for corner; t THENCE north 00 degrees 12 minutes 13 seconds east t 2043.01 tea t with the east ltns of Bonnie Brae Road to on Iron rod for corner; THENCE south 88 deg:ees 36 minutes 03 seconds east 41s3.6l feet to'• sn iron wad for carne Surveys; r In the common line of the Collard end Toby, } THENCE South 00 d I agrees 39 ainutes 39 with tA seconds rest 1263.05 feet a common line of the Collard and Toby Surveys to an iron rod for corner, THENCE south 00 degrees 52 minutes 08 seconds west 3060,59 fetr with the common ti t ne of the Collard and Toby Surveys to the piece 314 g 61 ecresa f land !more or' esi 824'91 squire feet of lend, or r j SECTI0~1_ The above described property is hereby classified as Light Industrial OLIO District and shall so appear on the official zoning map of the City of Denton, Texas, which map Is hereby ' amended acc3rdingly, ! SECT,QN I1r, This ordinance shall be effective Immediately upon its passage. ! PASSED AR-3 APPaOYE0 this the day of A. 0. 197?. , i BILL NA H, M 7o"7R i CITY OF OENrON; TEXAS ATTEST: j j WO-T, 4U7L , C !N E RkY cirY OF OENTOn, TEXAS APPROVED AS 10 LEGAL FORM: j BU f R. L ATTORNEYSU TV , ACTING C, CITY Of DENTON, TEXAS i I I Planning and Zoning Commission Recommendation to the City Council Z-1408 October 16, 1979 Identity: Z-1408 This is the petition of Mr. Dale Cunningham requesting that an approxi- mately 295 acre tract be annexed and zoned Light Industrial (LI). This tract is located on the north side of Highway 77, between Bonnie Brae and Riney Road. Report and Planning Commission Recommendation: This tract is located in an area that i,s predominantly undeveloped. There is a drive-in theater located on the south side of Highway 77 across from this property, and there are several homes located near the southeast corner of the tract. The remainder of the area sur- rounding this property is typically in agricultural or very low density single family use. The property itself is bisected bythe proposed corridor for Loop 288 (see attached map). The property owner had requested that the Loop corridor be shifted to the north side of the property, but he has withdrawn that request and agreed to the State approved location. There are also two major easements for electrical service on the property. The question of whether public facilities are adequate depends largely on how the property is developed. Water service is relatively close and can be extended to the property and there is adequate, capacity in the line. Sewer service would probably need to be extended from the area around North University Place. There is adequate capacity in this line for a plant employing 3,000 persons, assuming no industrial waste. There are no unusual drainage problems apparent on the property. This tract has street access to Highway 77 and Bonnie Brae Street and, of course, will eventually have street access to Loop 288. Highway 77 connects to I-35 and leads into the city by Elm Street. The property { also has direct access to Bonnie Brae which leads to Windsor and j University Drive. The Public Works Director has reviewed access and traffic ootential of the site. It is assumed (there is no verification) that Texas Instruments will build an assembly plant on the property. He is also assuming a work force of 3,000. If these assumptions are correct, the Public Works Director believes that there will be significant s traffic congestion in the vicinity of this site, at least until such time as the Loop is completed. There will almost certainly be a i need for a traffic signal at the intersection of Highway 77 and Bonnie Brae. There will, of course, be a significant increase in e bpa I 1lrq,411~ 2 traffic on Highway 77 and Bonnie Brae, Highway 77 is adequately paved and is maintained by the State. The paving of Bonnie brae is sub- standard, and it is uncertain how long it would last umter increased traffic volume. It is likely that Bonnie Brae pavement would have to be improved within a short period, particularly near the intersection. On the land use issue, this proposal is at variance with the Com re- hensive Plan. The property is proposed for Light Industrial (LI~ zoning., The Comprehensive Plan indicates that the area, both north 1 and south of Highway 77, should be developed for residential use. The Planning Commission feels it is questionable whether the area immediately adjoining the Loop will actually be developed for single . family use, but the proposal here is for a 295 acre tract which involves much more than the Loop frontage. The Planning Commission considered three options. The first option is to maintain the land use plan as indicated fit the Comprehensive Alan. A second option is to approve the Light Industrial (LI) zoning as re- quested and, in effect, modify the Comprehensive Plan. It is reasonable to expect additional proposals for industrial and commercial uses in this area along the Loop if this precedent is established, and those I requests would have to be considered in the same light as this request. A third alternative is to place additional development controls on the property, such as through approval of Planned Development (PO) zoning for light industrial use. I The Planning Commission is recommending that the request for Light Industrial (LI) zoning be approved as submitted. The Commission felt i`hat, if this site is developed with the typical campus type assembly j plant that TI has built elsewhere, it is reasonable to exppect that the nearby area will still be suitable for residential use. A local example of a light industrial plant, on a much smaller scale, built near a residential area is the Jostens plant on I-35. The Commission 1 felt that the possible problems involving traffic and street maintenance could be overcome by the city with sufficient notice and through coopera- tion by the petitioner. An important consideration in the Commissioner's decision was the benefits the city would realize involving additional jobs and tax revenue through the development of a TI plant. The staff recormendation was that the petition be modified from Light Industrial (LI) to Planned Development (PD) for light industrial use. A final issue that was discussed involves whether to recommend the Light Industrial (LI) ~-lassification for this site on the prcgerty the State has indicated will be the Loop 288 right-of-,ray. In one other instance, a zoning request over the proposed Loop right-of-way itself I was denied. The reason for this is to discourage any development over the Loop corridor, as fixed by the state and the Comprehensive Plan, so that when the right-of-way is purchased, the public will not have to purchase and remove buildings. This could cause serious delays in the development of the Loop. A secondary consideration is that light industrial zoning may affect the appraisal of the property and the cost of acquisition. Representatives of the petitioner stated at the I I l . 1 ~ I Planning Commission hearing that they had no intention of developing ' over the Loop corridor, and the Commission did recommend that Light j Industrial zoning be applied to the entire property as requested. The staff would urge very serious consideration of this issue. At ~I least the potential exists that zoning the right-of-way could result in delay and increased cost of the Loop development. If the right- j of-uay itself were zoned Agricultural (A) then, in effect, potential problems would be avoided. The staff can foresee no way that this ~I step would have any affect on the development of the tract for a light industrial plant as proposed. } S E I ~ ; i r # I I III j r f ~ I i r a h 3 S i I ! , kF Z-1408 .f I~ j x et ag City •t`Lin r • _ rF MMA %IJ f 'r +rr' ~W k-omol .w • Ij~, ~ I , I 1 J .77 14 y 2000t ' • P'A'P. b, • 1 I ~ . Nw.MRM ...RwM4 •41..14 M. 1011 ..VPf, 1114.1 Nr I A-140* 1 20C JfMVCY _ J / +rvn r.h rlfe fw /J'' / A 140P °a 17/,824.91 0S fT• - \ Z 14.826ACRES o COL L ARP !r/AV£Y „J g-. A-197 , f411 yr ,.R14I 1 , pewrro~ r. C • 4 io r ~ Y-~ tel. etdrJS AWI! Y . , Su4Y£Y, A. dM \#~~1MfY AOAd +.T.r'~'' M ts•Ilsf r•ri7t • i f t M A I AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH i~ DAY OF OCTOBER, A. D. 1919. R E S 0 L U T I 0 N WHEREAS, it is the desire of the City Council to partici- pate with the Greater Denton Acts Council, the Denton Chamber of Commerce and the Denton Historical Society in the "Denton Redbud Festival" to be held March 18 through March 00, 1990, and WHEREAS, the purpose of said festival is to enter into e 'partnershipp" with other organisations for the mutual benelf! of combining talents and resources to provide people with a memorable and pleasurable experience; and WHEREAS, it is the goal of said festival to enhance our { citizens appreciation of Denton, define the resent and reinterpret our shared past, and lnvast In the quality of lifo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT The City Council of the City of Denton, Texas joins the Greeter Denton Arts Council the Denton j Chamber of Commerce and the Denton Historical Committee in co-sponooring the Redbud Festival. PASSED AND APPROVED this the 16th day of October, A. D. 1979. ~ s BILL WHO OR CITY OF DENTON, TEXAS I s ATTESTr BROOXA HOLT, CITY ECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt t BURT v MO , TY f ATTORNEY, CITY OF DENTON, TEXAS s . r reaaq AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN T8E MUNICIPAL BUILDING OF SAIn CITY ON THE 16TH DAY OF OCTOBER, A. D. 1979, RE90LHT}On WHEREAS, on Sunday, October 28, 1979 the Denton County Arkwork Inc, and The Free University of Denton is sppoonsor~nq an Arts and Energy Pair to be held on the Courthouse SquaYel and WHEREAS, the Arta s Energy pair is open to, the general public of Denton County for participation in this community protect/ and , WHEREAS, in order to provide adequate space for the said I Pair and in order to protect the safety of { citiaens who attend, the City council of the City of Denton deems it is necessary to tarpor;r!ly close a portion of Oak Street from Elm to Locust j from the hours of 12:00 noon until 8100 P.m. on 1 October 28, 1979. NOWO THEREFOR TEXAS E, 02 o IT RESOLVED BY THE CITY COUNCIL Or THE CITY OF SECTION I. That those portions of Oak Street from Elm Street to Locust street shall be temporarily cloeed as a street or public thoroughfare of any kind cc character whatever on October 28, 1979 from 12100 noon until 8100 P.M. for the purpose of holding the Denton County Arts a Energy fair. SECTION 2I, J That the portion of the above described street# , shall revert back to the City for norral traffic activity immediately from and after BsOO P.M. on i October 28, 1979. E SECTION If I. E That this resoiution shall take effect and be in f full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 16th day of October, A. D. 1979, BILL H, MAYOR CITY OP DENTON, TEXAS ATTE9Tt t I E 0 H , 1T 13CR'7 CITY 01 DENTON, TEXAS ATTE9T1 , l BURT R. SOLO-HO NS, ACTIRG I` ATTORN?k, CITY Or DENTON, TEXAS { 3 r I I CITY OF DENTON MEMORANDUM T0: Chris Hartung, City Manager I FROM: King Cole, Assistant City Manager DATE: October 9, 1979 SUBJECT: Cable Television Franchise As you may have read in the papers, there has been a proposed merger between the Cox Broadcasting Corporation and the General Electric Company. Cox Broadcasting Corporation is the parent corporation of Cox Cable Communications, Inc, which is the parent corporation of Cox Cable of Texas, which holds a 70% partnership interest in Golden Triangle Communications, which is the organization that has the franchise to provide cable television within the City of Denton. I Section 27-22 (4) of the Cable Television Franchise Ordinance granted by the City of Denton in January of this year provides that prior to the transfer of more than 10% of the ownership { of Golden Triangle Communications, the City Council must give f' its permission. We have received a letter from a law firm doing the legal work j on the proposed merger between General Electric and Cox Broad- casting Corporation. They have asked that the City Council pass a resolution authorizing this transfer of ownership. The letter from the law firm and a proposed resolution author- izingg this transfer of ownership are attached for your consid- eration. p The CATV Advisory Board considered this issue at their meeting of October 3, 1979. They voted unanimously to recommenA to I1 the City Council that the Council approve the proposed resolu- tion authorizing the transfer of ownership. i f i King C le KC: jm Attachments I L~.L4t. fkr✓qDY. ~cl J~ i N'IU. IA A. I,«f Ac«AACO N.•.L E)ow, LOHNES 6 ALBERTSON Wry te. DDA (.11 aw) ♦NC«y« 11 JONMI D.+! .001:1 L. LO-40! I.1J'IofQ r."LA S'ANLL• AI IDA IL 1KLA ?28 CONNECTICUT AVENUE JOwx l.n. rtL• A104A.0 J 41r . WASH INO70N, 0.0.20076 RIC.ID L INII"51t N NO«An aOOLDI'LA y. 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A.JO.T August 2 8, 1979 , J YiC«A[I NIFIe JO«N D YMD City Council Denton, Texas 76201 Gentlemens ! on behalf of Golden Triangle Communications ("Golden Triangle",), holder of a CATV franchise in Denton, and pursuant to Section 27-22(4) of ordinance No. 78-21, this tr.il request Council approval of the transaction described herein. c Golden Triangle is a partnership in which Cox Cable of Texas, Inc. holds a 70% interest. Cox Cable of Texas is wholly-owned by Cox Cable C anmunications, Inc. ("CCC19)# which ! is wholly-owned by Cox Broadcasting Corporation ("CBC~). CBC and General Electric Company ("GE9) have executed an Agreement r and Plan of Merger (Merger Agreem(.,nt) pursuant to which a ! wholly-owned subsidiary of GE will be merged into CBCI CBC will became a wholly-owned subsidiary of GE and will continue to operate from its present headquarters with no material change in the management and operation of the cable system. Alternatively, the Merger Agreement provides that the parties may choose to merge CBC into a GE Subsidiary (formed solely for the purpose of the Merger) with the result that the GE Subsidiary will be the surviving corporation in the Merger holding all CBC's assets and operating its business from CBC's present headquarters as a wholly-owned subsidiary of 4 GE. In either event, upon consummation of the proposed Merger, GE will became the ultimate controlling corporate entity of Cox Cable of Texas, Inc! Section 27-22(4) of Ordinance 79-21 provides in part that approval of the Council is required prior to a transfer of control of the "franchise" ("Golden Triangle9)e Since ultimate control over the holder of a 70% interest in the franchise is being acquired by GE, we are hereby a requesting council approval with reg rd to the proposed f transaction. , L r ) i i~ City Council Denton, Texas Page Two / it is important to note that neither the franchise geld by Golden Triangle nor the operational rights thereto are being transferred or assigned. There will be no material change in the management and operation of the F cable cam pany and the company will, of course, continue to comply with all of its franchise obligations. Thus, in all respects, the proposed transaction involves matters not directly affecting the development of the cable television system in Denton. It should be noted that the state agencies regulating CATV operations in New York and Connecticut have both approved the proposed transaction insofar as it may affect control of Cox's CATV system in those states. Accordingly, it is respectfully requested that the Council grant its approval of the proposed transaction. A form of resolution to that effect is submitted herewith for the consideration of the City Attorney and Council. Because the proposed Merger is subject to the approval of the Federal Communications Commission, completion of the transaction is not expected until the end of the first quarter of 1980. As a result it is requested that the ( consent granted herein be valid for a period of sixty (60) i days following the receipt of final apprcwal of the merger from the FCC. Finally, in connection with the proposed merger, j it should be pointed out that GE does not engage in the i direct sale or leae.e of television sets to members of the general public but does sell sets to hotels, motels and other like large users. GE does maintain factory service operations ('GE tervice Centersl) in various parts of the country for the repair of General Electric television sets and numerous other appliances. However, as a matter of explicit company policy GE's CATV systems do not engage in the leasing, sale or servicing of television sets and this rigid policy will be adhered to by the Cox systems following the merger. s y R e 5 a; i City Council Denton, Texas Page Three Should any questions arise regarding the matters discussed herein, kindly contact Mr. Brandon Barnes, Manager ' of Golden Triangle Communications. Respectfully submitted, GOLDEN TRIANGLE COMMUNICATIONS i t~ Byr_ av P, F m ng Its Attorney DPFssms e CCs City Attorney E d R 1 i i i i i ` 9 i i 3 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL DUILDING OF SAID CITY ON THE 16TH DAY OF OCTOBER, A. D. 1979. R E S O L U T I O N - I + WHEREAS, Cox Cable of Texas, Inc. holds A seventy percent j (101) interest In Golden Triangle Communications, holder of a CATV Franchise in Denton[ and i WHEREAS, Cox Cable of Texas, Inc. has lejoeSlol Council approval of a proposed transaction involving a transfer of the controlling stock interest In Cox Cable, to General 3lectrio Company, a corporation dulyy organized and existing under the laws of the State of New Yorkt and f WHEREAS, the City Council believes It is in the best interest of the citizens of Denton that said approval be granted[ and WHEREAS, the proposed transfer will Involve only a change in the ultimate controlling corporate entity of Cox Cable and will not effect a change in the franchise or the management and operation of a cable television system within the City of Denton in accordance with the provisions of Ordinance No. 78-21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ` CITY OF DENTON, TEXAS, THATt { SECTION 1. l ` The City of Denton, Texas hereby consents to the transfer of ` the controlling stock interest in Cox Cable of Texas, Inc. from r Cox Broadcasting Corporation to General Electric Company. In granting this consent it is expressly understood that Cox Cable f will not engage In the selling or servicing of television receivers. ` PASSED AND APPROVED this the 16th day of October, 1979. Ilr i ( BILL NASHt MAYOR CITY OP DENTON, TEXAS ( I f ATTESTI BROOX HOLT, CITY WRETARY i CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR141 BURT R. SOLOttONS, ACTING CITY ATTOMY, CITY OF DENTON, TEXAS d 1 i l a CITY OF DENTON MEMORANDUM J TO: Chris Kirtung, City Manager ! FROM: King Cole, Assistant City Manager DATE: October 9, 1979 SUBJECT: New Central Fire Station On Thursday, October 4, we were scheduled to open bids for the new Central Fire Station. As you are now aware, we received no bids for the Fire Station. In discussions with Rick Svehia, Gerald Stone, Jack Gentry and myself, we determined that it would be in our best interest to turn E around and immediately re-bid that project. We are scheduled I to receive bids on October 319t, and those bids will be brought to the City Council for their consideration at their meeting of November 6th. As you remember, we are using Certificates of Obligation to fund the additional cost of the Central Fire Station. Since we recef-red no bids cn the Fire Station, it is necessary for us to go through the administrative procedures for Certificates of Obligation again. These procedures require that the City Council authorize the staff at their October 16th meeting to advertise in the local newspapers of our intent to issue Certificates of Obligation. It is necessary that we advertise this intent for two consecutive weeks. If there is no objection to our intent to issue these Certificates of Obligation, then we will bring them back to the City Council for actual issuance at their meeting of November 6, 1979. i ' King o e KC:jm a i r I , CERTIFICATE FOR RESOLUTION AUTHORISING PUBLICATION OF N ICE OF INTENTION TO IS S'IE CERTIFICATE OF OBLIGATION Of THB CCITY F DENTON, TEXAS FUR A CENTRAL F1RF STATION THE SPATE OF TEXAS COUNTY OF DENTON I CITY OF DENTON ( i Was the undersigned officers of said City, hereby certify as followse I 1. The City Council of said City convened in REGULAR MEETING on 1 the 16th day of October, 1979, at the Municipal Building (City Hall), was ofdsaid City C uncll,lto-wit~ha duly constituted officers and members i I Brooke Holt, City Secretary Bill Nash, Mayor I Roland Vela, Councilman Dick Stewart, Councilman Ray Stephens, Councilman Bud Hensley, Councilman and all of Wald persons were present, except the following absenteear N ` thus constituting a quorum, W ari, or, sawnq of er a he`ssy the following was transacted at Said Meetings a written RESOLUTION AUTHORISING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES Of OBLIGATION OF THE I CITY OP DENTON, TEXAS, FOR A CENTRAL FIRE STATION + ' was duly introduced for the consideration of said City Council and read in full. It was the- duiy moved and seconded that said Reso- lution be sdoptedr and, after due discussion, said motion, Harrying with it the adoption of said Resolution, prevailed and carried by the ' following voter AYESr All members of said City Council shown present above voted 'AW. r I F NOESs None. 2. That a true, fulls and correct copy of the aforoseld Remo- lutlon adopted at the Meeting described In the above an, foregoing paragraph is attached to and follows this Certificates that said Resolution has been duly recorded in Said City Council's minutes of maid Meetings that the above and foregoing paragraph is a trump full, and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said resolution) that the persons named fn the above and foregoing paressaph are the duly chosen, qualified,, and acting officers and members of said City Council as indicated theralnr and that each of the officers and members of said City I Council waa duly and sufficiently notified offic1611y and personallyp Lt advance, of the time, place and purpose of the aforesaid Meating, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members eon- j rented, in advance, to the holding of said meeting for such purposes ! and that said Meeting was apes, to the public, and public notice of r 1 the time, place, sand purpose of sold meeting was givonp all as i required by Vernon 's Annotated CiA l Statutes Article 6252-17, 3. That the Mayor of said City has appDroved, and hereby approve a, the aforesaid Resolutions 'that the Fimyor and the City i { Secretary of said City have duly signed said Resolutions And that the ' Mayor and the City Secretary of Said City hereby declare that their signing of this Certificate shell conetituto the signing of the i attached and following copy of said Resolution for all purposes. ` SIGNED AND SEALED the 16th by of October, 1979. 5AOO .3_i L'LT; P33r4"3ECRET'ARY BILE N S877AMR yy I I THE STA9'o OF TEXAS COUNTY OF DENTON CITY OF DENTON II C NOTICE Of INTENTION TO ISSU8 CERTIFICATES - OF OBLIGATION OF THE ITY P DENTO TEXAS FOR A CENTRAL FIVE STATION THE CITY OF DENTON# In Denton County, Texas, hafeby gives notice of intention to ieSUe CITY OF DENTON CERTIFICATES OF OBLIGATION in the maximum principal amount of 8o2754001 for the purpose of paying all or a portion of the City's contractual obligations to be incurred pursuant to contracts for the construction of a Central Fife Station in the City, ■nd payiny all or • portion of the contractual obligations for professional service■ of engineering, architects, attorneys and financial advisors in connection with such Central fire Station &Ad Certificates of Obligation. The City proposes to provide fbs the payment of such Certificates of Obligation from the levy and l collection of ad valorem taxes in the City as provided b law, 1 and from the surplus revenues of the City's Electric Light and Power system remaining after payment of all operation and maintenance expenses thereof, and all debt service (Retirement Fund), Reserve Fund, Contingencies ?undo Improvement Fund, and 1 I other requirements, ppayments, and deposits required in connection with the City's revenue bonds {now or hereafter outstanding) which are payable from Net Revenues of the City's Electric Light and Power System. The City Council of the C1tpy h tentatively proposes to authorise the Issuance of 'sach Certificates of obligation at 7i00 P.M. on the 6th day of November, 1979, In the City Council room at the Municipal Building, Denton, Texas. CITY OF DENTON, TEXAS i BYi BROOKS NOTIT CITY SECRETARY Li I r f 1 I e.~w • I AT,:AAS,PEHECULAALDMEETING OF THE CITY COUNCIL r THE CITY OF DENTON, T: IN TAE MUNICIPAL BUILDING OF SAID CITY ON THE 16TO IAY OF OCTOBER, A. D, 1075, R L 8 0 L U T 2 0 N WHEREAS, it is deemed necessary and advisable that Notice of i Intention to Issue Cer Wicates of Obllgrtlon be given as hereinafter provideds NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, T3XASs LECTION II T'at attached hereto is a form of 'NOTICE OF INTE0 TE I ISSUE CERTIFICATES OF OBLIGATION 08 THE CITY OF DENT01f ION % FOR A CENTRAL FIRE STATION' hereby adopted and approved; the form and substance of which are e SECTION III ~ ` That the City Seccetar shall cause said NOTICE, in sub- s stantially the form attached hareto, to be published once a week ¢ for two consecutive weeks in a nevspaper of 9enerel circulation II in the City, the date of the first publication to be at least fourteen (2/) days peior to the date te.stativeiy set for the i i passage of the Ordinance authorleing the Issuance of such CertiflCates of Obligation. I PASSED AND APPROVED this rSe 16th day of October, 1979. IL ~ ' BILL ASH, CITY OF DENTON, TEXAS r , ATTEST & • B BOLT, IT 8 T CITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORMI BURT R, LO N9, IN T ATTORNEY, CITY OF DENTON# TEXAS 1 i { i I 1S Ss S. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTONS TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DRY OP OCTOBER, 1979. i R E S O L U T I O N " WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described belowl and WHEREAS, the City Council of the City of Dentoh is of the opinion that the boat interest and welfare of the public will be served by the purchase of the parcel of real estate described belowr and WHEREAS, the City of Denton and owner of said parcel, First State Bank of Denton, a Texas Corporation, and Lorene Sheppard Darrow, Co-Trustee, agree that a consideration "of r $2,500.00 is a fair and agreed value of such described )ropertyl NON, TBEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, TSATe 11 1. The City Attorney is hereby outhotiied to prepare whatever legal documents are necessary to complete the ttansfor of property so described below from the owner thereof to the City of ant= ; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, state of Texas, a part of the Hiram Cisco Survey, being a part of a tract of land i eonveyM by the City of Denton to M. C. Shsppatd by deed recorded in Volume 753, Page 7910 Deed Records of Denton County, l i Texas, and more particularly described as follovar , 9901NNINO at a point in the north line of East Sycamore Street, said beginning corner being the southwest 'corner of a tract of land described in a deed from M. C, Sheppard, at ux, to Della F Woodard dated February 12, 19511 THENCE north along the west line of said Della Woodard lot, 110 toot for corner, ease being the northwest corner of said Woodard , lots ! i THENCE vest parallel with the notch line of East Sycamore street s SO teat for corner) THENCE south parallel with the west line of said Woodard lot, 110 fact for eorhet to the north line of cost Eyca"re Street i f TSINCE east along tho north line of East Sycamore Street SO toot to the place of beglnnir.-!, 2. The City of Denton is haroby further autboriaod to pay First state Sank of Denton, a Taxaa Corporation and Lorene j Sheppard Ostrow, Co-Trustee as owner Of said described ptopetty, c consideration in the amoun~ of 12,500,00 putchtee pr cs, plus any other necessary and reasonable costs of closing. } i 4 I E F t f i October 9, 1979 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTONo TEXAS, THAT: SECTION 1. This Body hereby uncocditioeelly and irrevocably names, deputes and appoints the Texas Aeronautics commission (TAC) as its agent to act in this Public Agency's place and stead in all matters relating to roject; application required by the Federal Aviation Administratlon (PAA) to apply and obtain funding (including formal acceptanto of all required grant agreements for: to develop plans and specifications for; to advertise for bids for: to receive and ewasd bids fora to monitor or manage construction of; to inspect and accept completed work Installinai to 3 receive receipt for, hold, and pay out federal and/or state funds, and to perform all other acts deemed by TAC to be needed or necessary to E, completely install (at no cast to this Public Agency) radio controls on the runway lighting system ■t said Airport. E SECTION 11, j This resolution shall be effective immodistely from and after its passage and approval. PASSED AND APPROVED this the 9th day of October, A. D. 1979. it bTLL"rIA3 i ATTEST: CITY OF DENTON, TEXAS 1 9RDOXSH0rr CTTY`St'CAIETIIAS CITY OF DENfONo TEXAS APPROVED AS TO LEGAL FORM: CITY OF DEN TON, {EXAS Motion was made by Vale seconded by Stewart that the n N1otionaeariiedewait "aye", 4eltluvyen , b$to pons aye rand .'ciaslls „'lays 6. The CounW considered discussion on resolitions for the Texas Municipal League annual meeting, i City Mani fir Hartung stated that we have no recommendations i from any member of the Staff. CouncJ.l Members had to recommendations. JJ 7 The Council recessed into Executive Session at 7rlo P.M. to i discuss legal matters, real estate, personnel and board appointments, S. The Council reconvened into Public Session to hear gill Carpenter, a representative of a San Antonio Bonding Comyyany) who urged the Clty to follow a plan that would allow Denton Con-.ty Comm- its Court to take over a housing mortgage program already {nit- sated by the City. Veto voiced opposition Statintt that corporation for a mortgage prograas aimed at providing 10 million dollars in bonds had odeenhformed Cityheoa focusoonTkaepin;ttheumonaytitoDenton, which is where the need and responsibility is. on groundaHonIynthatdthe CityhCounelI would havthe epfutlacontrol over the program. Stewart also opposed. bkYf. M.wr.. ~..r~..~r i i -a 3. This Ruolntlot shall take affect ImAsdiately from and attar its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the loth day of October# 1979. i i i i 014 I CITY or DENTI?N~ TEfOiB ATTEM 1 , BWOKS B j CITY OF DENTON, CITY APPROVED AS TO LEGAL FORMS r , f T ATTORNEY, CITY Or DENTONj TEXAS 1 i i I i 1 I f i i ~ ! CITY OF DENTON MEMORANDUM TO: Mayor and Members of the City Council FROM: Bill Angelo, Administrative Assistant DATE: October 11, 1979 SUBJECT; Agenda Item #7 - TMPA Report This item was placed on the agenda at the request of Councilman Roland Vela and will involve an oral presentation by Dr. Vela on the activities of TMPA. Therefore, no backup material will be included in the agenda packet for this item. I ng o BA:jm i jI l w } J Ji 1 { ;r, i NMI CITY OF DENTON MEMORANDUM DATE: October 11, 1979 TOr The Mayor and Members of the City Council FROM: Burt R. SOiomons► Acting City Attorney SUBJECTr Charter Revision ' r I ' t On Wednesday afternoon, October 3rd, Dillard of T met with Mr, ' Saner, Jack, 6alinger and Nichols Robert L. tenative timetable for the charter revisionpertMC, Dillard believes that a January 19th charter amendment election can be held if the charter amendment ordinance is r December (preferably the first week if passed in early x has targeted Novembe possible), Therefor r 15th for completion e, he based upon the Charter Revision Committee's tmajority ireport. ~ ► Also by that date, he hopes to have finished an opinion for your review on the legal aspects of the proposed changes for the bond and utility charter provisions. i Should you have comments or suggestions an this timetable, please. let me know in order that I can tnform Mr, Dillard Also► please review the majority report of the Charter Revision Committee for possible deletions, changes or amendments for his consideration, I I I BURT R. SOIAMONS, ACTING CITY ATTORNEY SRSrjs I f , a , CITY OF DENTON Memorandum I October 16, 1979 Agenda Items Consider quitclaim of a utility easement located in the Denton Center Parking Lot near University Drive. Summarys i J Folsom Investments, the owners of Denton Center, have requested quitclaim of a utility easement located in the Denton Center Parking Lot near University Drive. The easement was dedicated to provide electrical service to a building that was proposed to be built on that location. The building was not constructed and the easement is not in use, i The Utility staff has reviewed the request and confirms that there are i no utilities in the easement, and feel it can be quitclaimed. Recommendations j a The Planning and Zoning Commission unanimously recommended approval of the j quitclaim request at its meeting of October 3, 1979. The Utility Department ! can forsee no public use of the easement and recommend that the quitclaim request be approved. Action Requireds i The City Council should move to approve the quitclaim request of Folsom Investments. Esshibitas i I i A) Memo B) Map k fIq i II I r 1 f ' I q 1 ! 5 f /Yo st:v' CRY7VTO V2AC RGUY4N4~f511a~,',r. 16 ,t 1 N w - ~~O. 4ua~t ~OI~~ a pt~~, id ~Os1M 483 ~wro~oetawee 4 ' 1 ~•~•NI„,~,E,EI/~E~dRClry\1 ~ ~ n I7,7 d ONE &70m, ~w 4180 Jr~'CONC ILOq .o ' , ff '7 , ~r~ ~'tl, r ",Yf..antl,l,•=JA<i r~y.~,;'L~~~'~yiry` •~1Yw ~ t r w~✓M • ,r y 1 f 1 i" i i CI1Y OF DENTON Memorandum October 16, 1979 Srtenda Item: i Consiier disposition of property adjoining the right of way proposed for Mingo Road Extension. i `F SummaTY: i i In ?977 the City acquired a parcel of property denoted as Tract 1 and Tracc 2 on the enclosed map. These tracts are located between Bell Avenue any 'the MKT Railroad tracks and are just south of Vino Street. The property was acquired to permit the extension of Mingo 'oad to Bell Avenue. We have had a request from an adjoining property owner to purchase Tract I. Recommendationt i The Planning and Zoning Commission reviewed this request at their last t meeting. Tract l will not be needed for the extension of Mingo Road and there are no utilities located on the property. The staff cannot forsee a k potential City use for the property and the Planning and Zoning Commission recommended disposition of Tract 1. Staff Report on Development Potentle L Tract I is an irregular shaped parcel approximately 121 feet deep on the south side and 27 feet deep on the north side. The lot will have about 364 feet of frontage on Mingo Road when it is built. The total lot else to 21,637 square feet. i The property has two zoniug classifications. The north 175 feet of the tract j is zoned Multi Family (MF-1) and the south 190 feet is zoned Light Industrial (LI). At this point the tract does not have direct access to an improved E public street although it does front public right of way. The funds are available for the extension of Mingo Road through to Bell Avenue. This project is scheduled for 1980-8t in the Capital Improvement Plan. A building can be constructed on the property and meet zoning regulations. If the purchaser wished to build on the property before Mingo is extended he would be required to make at least some minor tract improvements so the street would direct street access. It is the Staff opinion that the I property is independently developable. i E i Mingo Road Extension I Page 2 I Alter,iativesi The Cou,Icil could decide to retain the property or could determine that the property ±.s not independently developable, Obviously if no curb cuts are permitted it would not he independently developable, Action Requiredi The Council should moves 1. To dispose of the property, 2. Determine it as independently developable. Exhibitsi Map j 1 1 11~ S I I f I i I i i s i 1 'r' r n~~ ~o any r sr r ` / Mkt` ~R. . b * _ ►~ry~.r' '~~J'~e,~, MI tOU~C'/, kA.kras f7sXi9s' Yr'AYC Ay / JJ _ Beer AYE, - ~rNwESr ro VCC eB Ax, loj oval jotl 1 .."«~•~uwna~a~awetvwaranr~w.r5. CITY OF DENTON Memorandum Uctober ]b, 1979 Agenda Itemi f Consider Planning and Zoning Commission Recommendation on the policy for perimeter street paving for subdivision proposals, Summarvt For many years the City has had a policy of requiring the developer to i improve substandard streets adjoining their subdivisions (Sec, 13.07). Because the policy to not written as explicitly as it should be, the City r Staff is required to make some judgement decisions on streets that are marginally paved. The purpose here is to establish a clear policy on these issues involving improvements to streets on the perimeter of subdivisions. j 1. When is street paving required? 2. At what point is the street actually paved? F 3. Who pays for street improvement? Staff Report and Fiscal Issues: 1. When is perimeter street paving required? A. Oil and gravel or county-tune roads. There are many roads, f! particularly near the fringe of the City that are "paved" with oil and gravel construction. They are all weather surfaces and are usually adequate for the type of traffic encountered in a rural setting. If the City accepted this type of road as j adequate for the use of urban traffic it would result in much higher public cost for maintenance. In addition, since the roads usually do cot have an adequate base, tht only way to make lasting improvements to to completely rebuild the road. I3 8, Roads paved to City specifications. The great majority of i roads in the City were paved to City standards vnen they were built. Since City specifications have changed over the last 30 years,it is not possible to specify one construction cross- section as standard paving. If we were to specify the current ! street cross-section standard, many streets built in the past to City specifications then could be technically substandard. Most streets which were built in the past to City specifications do have curb and gutter. Therefore, to remove the judgement factor, we would recommend that any street without curb and R gutter he considered substandard in regard to the perimeter street paving policy. i Planning Commission Recommendation Street Paving Page 2 2. At What point is the street actually Improved? In moat cases, if perimeter street paving is requirai, the paving would logically be accomplished at the time of development. In some cases, thjugh, paving at the time of development would result in a short section of paving that would not be useful anti?, other property developed and other sections of the street were paved. The problem can be overcome by accepting an escrow payment or a t bond in lieu of paving, and paving the street at a later time when a large area can be improved. If we accept a bond or escrow a sum for cost of construction we need to be sure that these funds will cover the coat of con- struction of improving the street later. This is difficult because of the uncertainty of construction inflation. We are recommending that we take ai escrow payment for the current cost of construction and assume that the dividend we receive in the sum will track inflation. if we take a bond, we are recommendine that the .tmount be for 165 the current cost of construction. 3. Who pays for perimeter street paving? A. Public/eventually property user paya. If the street is paved in this manner, it will probably be paved under the assessment paving program. In the past, the City has paid one-third (1/3) j of the paving cost. This approach has the advantage of providing a buildable lot at low cost to the use and will encourage growth. It has the disadvantage that the public must participate in the cost of developing perimeter streets. Viewed over a long period, the cost to the public can be substantial. Another disadvantage is that the street may not be paved when it is needed, and assessment paving programs are sometimes unpopular. B# Property developer pays. The street is pavotd by the developer when he builds the subdivision and, most likely, the cost is reflected in the price of the lots. This has the advantage of II no public cost (except in the situation where there naeds to be a large street and we pay the oversize). It also means the street is improved immediately and can be used. f Alternativest i The staff has identified three alternatives for consideration. Alternative I r When land is subdivided or developed in areas adjacent to existing City streets the developer will not be responsible for paving these streets. { These streets will be improved later under the assessment paving program. i 1; y FA~1R Planning Commission Recommendation Street Paving Page 3 4R Alternative II "When land is subdivided or developed in areas adjacent to existing City streets (excluding state or federal highways) that are not improved with curb and gutter, the developer shall include the improvements of i these streets in the overall development of the area. Should the City Council determir.^•N:-R--~-+ta not feasible or deaireable to develop said street at the time of development of the subdivision, the developer shall put his pro rata share for the improvements of said street (paving, curb, and gutter for one-half (ii) of the street up to 17 feet) in escrow, or shall post a performance bond for one and onrs- half of the current cost of construction until such time as improvement is deemed necessary by the City Council." Alternative III "When land is subdivided or developed in areas adjacent to existing City streets (excluding state or federal highways) that are not improved with curb and gutter, the developer shall include the improvements of these streets in the overall development of•tha - area. Should the City Council determine that it is not feasible or desireabie to develop said street at the time of development of the subdivision, the developer shall put his pro rata share for the ( improvements of said street (paving curb, and gutter for one-half of I the street up to 17 feet) in escrow, or shall post a performance bond a j for one and ons-half of the current cost of construction, until such time F as improvement is deemed necessary by the City Council." The City Council MX, after considering the recommendation of the planning and Zoning Commission, determine that street paving is not necessitated by the development and the street will be improved later in the assessment paving program. The City Council may make this determination in the following instancesi 4 1. Single Family development not exceeding 3 acres in site or 3 lots. 2. Industrial development not exceeding 3 acres in site or 2 lots. In considering this issue the Council and Planning Commission shall take into consideration the extent of existing and anticipated development in the area, the amount of traffic, and the condition of the street. j s, Recommendations , It is the Planning and Zoning Commission's and the staff's recommendation r that the developer be required to improve substandard streets (streets ( without curb and gutter) that are abutted on the perimeter of his subdivisions. This has the advantage of limiting public cost and the advantage of providing the improvement most expediently, The Council could also choose to accept a bond or escrow payment in lieu of the paving itself when immediate paving is not necessary or appropriate. a r i j Planning Commission Recommendation 4 Street Paving Page 4 :•+rthermore, the Planning and Zoning Commision and the Staff are recommending that we select Alternative III. This alternative adds one qualification / regarding the paving requirement, that is, the Council can chose, when reviewing a small development for single family or industrial uses only, to waive the paving requirement and improve the street later under the assess- ment process. This recommendation was made in order to accomodate small developments removed from the urbanized area of the City. The City limits of Denton cover a large area some of which is basically rural in character and is expected to remain basically undeveloped for a number of years. In these special cases immediate paving would not be beneficial and a bond or escrow payment would probably not be used for many years. In these exceptional cases of small single family or industrial development, the Councl.l may decide to waive paving requirement based on these considerations 1. The extent of existing and anticipated development in the area. 2. The amount of existing and anticipated traffic. 1 i 3. The condition of the street. 9 (It would be the.Staff opinion that industrial development along Woodrow or J Mayhill would not meet these criterion and street imrpovement should be 11 required with development.) j Obviously, inclusion of this qualification in the ordinance would result in somewhat greater administrative complexity and pressure for the Staff and the Council. It is our opinion that these difficulties are offset by s the ability to tailor the ordinance for these special uses. Council Action Renyit.±ds The Staff is recommending that the Council adopt Alternative III and instruct the City Attorney to develop an ammendment to the ordinance based on the alternative. j J r t r 1I 1 k CITY OF DENTON MEMORANDUM TO: Chris Hartung, City Manager FROM: King Cole, Assistant City Manager DATE: October 9, 1979 SUBJECT: County Ambulance Contract Durin the first year of our operation of the ambulance service we had some problem with some of the area small cities in get i ting them to participate financially in the ambulance service. This issue was brought up during the County'a discussion of the ambulance service and their financing of the ambulance service during their budget sessions this year, The County agreed that it was a problem that needed a solution, and they have passed i an amendment to our contract which provides that the City of j Denton has an option to deny service to a small citq should they decide to not contribute their share of the ambulance f service cost. We would recommend that the City Council approve this amend- ment to the contract. Once the City Council approves this E amendment, we will have to work with the small cities to amend their contract to include this provision, i King o KC1ym F { i B. E. IBM) SWITZER CHESTER SPARKS FeeMet 4 R~eMd 1 OEfJTON COUNTY - COMMISSIONERS COURT C. R. (Happy) SALMON LLOYD D. ODLE P.ecinet ~ R~tincl ~ JERRY JOHN CRAWFORD JUDGE SIXTMk00R JOSEPMACARROtt000RISBURDikG • 401 WEST HICKORY - DEMON. TEXAS 76201 • It1h3811212 • 01h3813414 • METRO 4341552 MEMORANDUM TOt CITY OF DENTON, TEXAS FROMI DENTON COUNTY COMMISSIONERS' COURT SUBJECTI AMBULANCE SERVICE DATEt OCTOBER 3, 1979 The Denton County Ambulance Service Committee met on Tuesday, July 17, 1979, and made the following recommendation to the Denton County Commissioners' Courts "The Ambulance Service contracts be amended I i to reflect that if any incorporated area of the county that refuses to go into contract with the ambulance service serving their area for a rea- sonable amount can be refused service by that ambulance service and the county will not pay the ' ambulance service any subsidy for that incorporated # area." The Commissionors' Court approved this recommendation. The area of the County which you serve has been determined by the committee to have 66,842 persons, and, at $1.50 per capita, you will receive a total of $ 100,263.00_,in quarterly ' payments, during 1980. Enclosed is an Amendment to Ambulance Service Contract, which reflects the new provision as discussed above. Please Inform the Commissioners' Court as soon as possible if you accept the now contract. cot City of Argyle Town of Corinth y Town of Hickory Creek City of Krum City of Lake Dallas Town of Ponder City of Sanger Town of Shady Shores eoaa~ THE STATE OP TEXAS I AMENDMENT TO COUNTY OT DENTON I AMLULANCE SERVICE CONTRACT TNia NENDME NT Tff_; r.~nr~pr• e .....+~.a .er~wialiw .a:a ri~t~N1 i~aM•~r _ _ entered into on this day of , 1979, by and between t ecG£ng herein by and through its _ thereunto duly authorised to eweeuta this Amendment to CentraoG, hnreinafter caked pxovIDER, and ;he COUNTY Or DENTON, TEXAS, i acting herein by, and through Its County Judge, thereunto duly authorized by resolution of the :ommissionersr court of Denton j County, Taxes, hereinafter eailr.d COUNTY. i N i T N E E e E T E I The CONTRACT AND AGREEMENT between PROVIDER and COUNTY dated { 1974, in eonsideratlaa of the mutual i benefit each party hereto will rattive, is hereby amended by : ' deleting the second full parngrsph under "WITNEESETR" in said CONTRACT and substituting therefor the following tanquager rj "Provider hereby agross I1) to primarily serve the , irsa of Denton County assigned to it by the Denton County Ambulance Committee and secondarily to serve any area of Denton County where it may be nacsssaryj provided however, Provider nay refuse to serve any incorporated town or city which does not or refuses to enter into a contract with Provider to pay Provider a sum of money to supplement the amount of money paid by County. In the event no contract is entered into between Prnvidar and A1y incorporated city or, town within the ari& to be served by Provider, j Provider shall have the option to serve the sold city or lawn ■nd receive the per capita amount set aside by County for such torn or city, or may refuse to serve the said city or town and ) the funds sot aside by county for the said city or tovh shall 1 be held by County Available for any person, organisation, town € f i awl or city which enters into a contract to serve said city or town With ambulance service ee contemplated herslns (71 that said Denton County Ambulance Committee may inspect and evaluate all 49jWipment and service being provided by Provider at any timer (3) that prior to receiving any monies from County, Provider'a ambulance service will meet or exceed all standards of equipment and service as dstermined by the Denton County Ambulant* Committee." EXECUTED at Texee, as of the day and year first above written. i 1 ATTEST* e By, i (secretary) (witnus) 3 e S COUNTY OF DENTON, TZXA3 i ATTEfT, _ ` sy, j Merry John Crav [Ord, County Judge Nary JO Nil , County C erk and rx-Officio Clerk of the Commissioners, court of Denton County, Texas k i 6 t r r ~ ~ I i y CITY OF DENTON Memorandum October 16, 1979 Agenda Item: I Consider letting bids for a park development near the Pheonix (Dreamland) Apartment Complex. k Summary: II Our 1978 Community Development Grant includes a project to construct a park on the west side of the Pheonix complex adjoining Pecan Creek. The park as designed by the Parks and Recreation Department and Park Board will include a basketball court, a football/soccer field, and playground equipment as well as picnic tables, drinking fountain landscaping, parking lot, fencing, and sprinkler system. A plan of the park layout is included in the packet. 3 1 i Report: The final plans and specifications are complete and the project is ready to be bid. The basketball court, playground at.•a, and picnic table will ` be one bid package, and the fence will be a second package: The $its work, play field and parking lot will be included in the package with the drainage work, and the other improvements will be constructed force account. We do have a sales contract on the site and we anticipate that the property will be closed before bids are reviewed. Fiscal Issuea: The grant budget for the project is $65,000.00. The projected budget is $52,000.00. Recommendation and Council Action Reouiredt The staff is recommending that we proceed with the project as designed and the Council direct that the project be let for bids. Exbibita: ! A). Park Plan i I 1) Cost Estimate s, i 1 i i I i f i r I t F7 • 1 1 I \1 In rw GD &TO t I s j i i f E / 2~MI b n ~ s ~ ~u bb b n ~.o iz y Z a 14 b m f i y o 1 ti ~ 1 Proposed Park Project f Play Court $11,400.00 Tables v/slab (2) $ 11000.00 Fencing $ 2,400.00 Parking Lot $ 4,500.00 Play Equipment $ 8,200.00 Play Field $ 2,400.00 i Drinking Fountain $ 550.00 Sprinkler System $ 4,800.00 4 Trees 6 Landscaping $ 30000.00 Sign $ 400.00 v hater Lines $ 1,100.00 Street Light (Underground) $ 800.00 Survey $ 606.50 I Appraisal $ 10200.00 r Acquisition $ 90000.00 TOTAL $51,956.50 i i j ~ ti i j CITY OF DENTON Memorandum r October 16, 1919 Agenda Item: Consider letting bids for the Robertson Street Railroad Overpass. Summary: Our 1918 Coumunity Development Grant schedules a project to rebuild and widen the Robertson Street Railroad Bridge. The Firm of School and Fields together with McFarlin, has presented the preliminary design at the September 18 Council meeting. The project will include new bridge with. a 40 foot span. This will permit two full driving lanes with large sidewalks on both sides. The project also includes improving Robertson Street on both sides of the bridge and improving the street drainage. Reports J The final plans are completed and the bid package will be ready this week. There are no design changes from the preliminary design that was reviewed. t We have determined that no property acquisition will be required. It is anticipated that the construction period will be eight to ten months. Obviously, the weather will influence the schedule and it to possible on this project that there may be substantial delays due to the availability of structural steel. The present Robertson Street underpass will have to be closed to automobile traffic during much of the construction period. We will pave a section of Johnson Street leading to Dallas Drive and the s Dallas Drive grade separation to facilitate traffic flow in the area. i Fiscal Issues: i j The grant budget for the project is $400,000.00 Our preliminary cost estimate was $368,000 including the construction, street work, engineering, and the work on the railroad will be complete. The finnl cost estimate will be available at the meeting and it is anticipated that they will be very close to the preliminary estimates and under budget. The actual contract work will be negotiated while the project is being bid. Recommendation and Council- Action Requireds r The Staff is recommending that we proceed with the project as designed and the Council direct that the project be let for bids. CITY OF DFNTON Memorandum October 16, 1979 Agenda Item; Consider letting bids for drainage improvements for two sections of i Pecan Creek between Bradshaw and Ruddell Road. iI Summary: + Our 1977 and 1978 Community Development Grant includes a project to widen I and improve the two fork of Pecan Creek on the area of the Pheonix _ J (Dreamland) Apartment Complex. The channels will be wider to carry the 25 year flood. The south fork of the channel was originally designed , with a narrower section and was concrete lined, We bid the project design last year and the bid was unacceptable. We have redesigned the { south fork and completed the design on the north fork and propose the jobs to be bid together. Reports The alignment of the south fork was shifted and straightened. The north fork follows the current channel. The drainage improvement basically consists of broadening the channel to an average width of 75 feet. The sides will have a very gradual slope (3 to 1) so that the channel can be maintained. ' The channel aide will be planted with grass to prevent erosion and there will be concrete rip-rap placed at the points where the channel bends. There were seven parcels of property to be acquired in order to ebanneliue the creek. We anticipate that all but one parcel will be closed by the time the bid is received. The one parcel will have to be condemned and E obviously the construction will not begin work on the section of the channel. I on that parcel until condemnation Is complete. f i Fiscal lssuesi 1 I The grand funds available for the project are $95,000. the most recent cost estimate that was developed is $148,000. We do have roughly $40,000 In contigency funds that might be made available for the project and if 1 the Robertson Street underpass and park projects coma in under budget then these funds will also be available. I i An alternative approach is to redesign the channel by reducing the size of the north fork of the channel and reducing the concrete rip-rap s j on the channel. We are preparing a second set of design specifications that can be bid as an alternative. i i 4~ J Pecan Creek Drainage Improvements Page 2 Recommendation and Council Action: The Staff is recommending that we let bids for the channel work as originally j deaigned and also bid alternatives for a reduced north channel and -3duced concrete lining. When we receive our bids for the channel and for the two 1 other community development projects we will be in a position to evaluate 1 our fiscal position and select the beat alternative. I The Council should direct the Staff to let these bids as recommended. i L.. j r 3 2 1 I I i i ~ I 1 i , r.`. v Y bt 4;•~ Y jh tit- AL' J21%~IlON ''OF+.,"..4•_., c ►~CA '~S,•C,R r' may •s{ I 'a }~k r+ gf• ~ 1. ! - y 't~ f '.R'i! a~C .c"~1.lC~••t~~ SF,.~441' {f►,N .'i s. ~Z.S^.' ,om I t r !!`t 4 a' , r in.!• ..r t % 1 w a; 7 .1 ....h Aw _ rr. a. 'dx'. ~~.aG. r .fay ~ ~.n• ~ ~ : ~ ) s'. 't 1 a 1 "44 1If e+ T.. 7 . t J f' it t .-wu,.f, j. !.•7 f '1 # 0 h4 Pi~ t sF'='a r• Peamtar AMrfyyftts r r Tt ~ la 'R • 1 a, r. ; ,1fW9 Ito, b WIL$QN Olt. q, 1, J It. AL L, 1 t 1 "~y T t ' y 14r' sT~ 1 • XION 'AIM •'C1• . S M s ~Vry'f r ( t"t i r.1~R•~'' f ' 'i '+T Pro~~sa~ChonrteC !!ff ` .s. 5?.~ ~llr-4'!1 • ..1~;',.5; n r ~1' '1 . ~1T At etc ~..t .l1 ..Yr ~ ,7 IJ ~ ,1 r .Yta,. ti t~-1 •y r.i av.. sib •4 ~ ~'^~~^Yl~r ~ ~ +.~.i'tS~c', r. r .r, I I CITY OF DENTON MEMORANDUM DATE OF MEETING: October 2 1979 AGENDA ITEM: Bid 08685 Traffic Si nal Poles and Arms SUMMARY: This bid is for the purchase of poles and arms for the installation of traffic signals at various locations in the City of Denton, FISCAL SUMMARY: These poles were requested by the Engineering and Development Department,Traffic Control Division and will be funded from Capital improvements bond funds. Account 012-08-91-05 ACTION REQUIRED: Council approval and award of bid, ALTERNATIVES: None STAFF RECOMMENDATION: We recommend this bid be awarded to the lowest bidder { meeting specification Signal Poles Inc, The total bid price to 817,303.00, fob, Denton, Texas, Terms Net 30, with delivery in ` approximately 60 days, i EXHIBITS= Tabulation shoat attached, i a j{N 1 N Tom D. Shaw ii Assistant PurOssing Agent I V I t 1 I 1 { t i. i I i M1 DID # 8685 811) Traffic Signal Pole's and Arms Signal Signal Southwes- Midetate Doerr OPEN 4 11LI4 Poles, Inc Engineer tern Traffic . 6 ACCOUNT 1_ 12-08-91-05 ing co, Electric Control VePed Aaroc. OTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 2 17' Pole with twin ' arm 1.768.50 2,016.00 2,118,00 2,078,00 31123. 30 2,005,50 2 2 17' Pole with twin 35' 6 40' arm 1,800,50 2,052,00 2,157.00 2,115,60 2,130.10 2,041,73 3 1 17' Pole with 40' arm r 1,334.00 1.520.00 1.598.58 1,567.45 2.172.30 1,512.79 4 2 17' Pole with 35' arm l j3'02.400 1 464.00 195,60,30- 1 530.00 2,087.84 l o476.51 5 2 17' Pole with 30' arm 1,030.00 1,200.00 1258.30 11233.60 11321.25 l j400.70 6 3 17' Pole with 25' arm 1041.00 1,187.00 l t247.00 11232,60 1,409.78 1 181,25 7 1 17' Pdle with 20' arm 1 004,50 J,145.00 19203.00 1 180.00 1 305.00 1 134.29 7,303.50 19v730.00 20s729.78 20,330,85 24,885,62 20 044,67 Deliver 60 days 11 120 days 60 days 120 days 100 days 120 da s € FOB Denton Denton Denton Denton Denton Denton Tema N30 930 1430 N30 N30 N30 1 { i r_ 3 ;r rwi~ CITY OF DENTON MEMORANDUM DATE OF MEETING October 16. 1979 A;£NDA ITEM Bid 3 8689 Tires 6 Tubes SUMMARYs This bid is for all tires and tubes for all rolling stuck for the year ending September 30, 1980. Tires and tubes are bid each year and have been awarded to the evaluated low bidder with specified discounts from net state prices. FISCAL SUMMARY: The tires are bought for inventory at the Vehicle Maintenance Depart- ment and then charged to the Vehicle number when mounted on the vehicle, plus any mounting charges. These purchases will be charged to Working Capital account number 05-98-87-02. ACTION REQUIRED: Approval of the low and best evaluated net prices. ALTERNATIVES: Purchase as needed, without a contract at current net prices. STAFF RECOMXENDATIONS: We recommend this bid be awarded to the lowest and best total evaluated bid to Richard Stephens Firestone for all lines of tires and tubes. FOB Denton Garages prices firm through September 30, 19801 and the basic stock located at Denton, Texas. EXHIBITS: Tabulation sheet. i .1oho J..4. r'sball, C.P.H. Purchasg Agent i i i r DID 1_g a9 Bid~ires b Tubea _ Briscoe Richard Cooper Payne Tire General Tire Ser, Stephens Tire 6 Co. Tire Co. OPEN October 2. 1919 Firestone Rubber ACCOUNT -2a.- -Complete Line of Tlrea GR78xl5 W.27 $3 §3 1, L 11 38.54 B. HA70XI5 S39.45 933.66 $58.92 B - 0 433,00 A, Rln0nx2Q (R 16 21X)- IU2412- $195.23 8166,R2 812R.64 9132.73 SIal.79 - $3.52 S19.09 S g, 10; 88.11 912.SO 912.69 it r x]831 ~S_ _Y01L rlantAn rArAed VA IL -Yon IPA i j Nn Firm through 9130/80 9/30/80 12/30/79 l t)0/80 9/30/80 .1.. h 1 E CITY OF DENTON MEMORANDUM DATE OF MEETING October 16L_1979 AGENDA ITEM Bid A 8691 Batteries SUMMARY: This bid is for batteries for the next year. The batteries will be ordered and delivered to the City Garage as needed for vehicles and/or for stock. The supplier is required to keep on hand several of the most common use batteries for the City of Denton. The supplier will also pick up an exchange battery for each new battery sold and issue credit for the group of used batteries at the end of each month at the current junk battery price. The warranty adjustments will be applied as a credit to the newly supplied battery price. FISCAL SUMMARYi All the batteries for Motor Pool equipment are applied to the Vehicle Maintenance working capital inventory account and then applied to the department rig equipment number. ACTION REQUIREDs Approval by Council. r e ALTERNATIVES! 1 Reject all bids and then purchase batteries on the open market as needed or rebid. d STAFF RECOMMENDATIONS r I ~ We recommend this bid be awarded to Payne Tire d B6ttery of Denton at the low evaluated bid prices on the most widely used batteries. 1 EXHIBITS: Tabulation sheet. of hn,J Karehallp i Purchasing Agent s i { i I 20 M I HIP 1 8691 HID Batteries Payne Tire C.S. Pennell OPEN October 2, 1979 Battery Auto Parts ACCOUNT 105-98-87-02 VENDOR- 2. Batteries Complete Line A. 24 $46.74 $46.35 $56.85 B. 24F $46.74 $46.35 $56.85 C. 27 $49.96 $52.70 $63.55 D. 27F $49.96 X52.70, $63.55 E. 72 $41.91 $35.83 $51.29 F. 80 $99.91 $139.89 $150.30 Free Replacement 90 day 90 day 90 day Narranl Commercial 24 mo. mo. 24 mo. E Make Chloride W/foul NAPA FOB Garage Yee Yes order [if 10 ot --Yes more $335.22 $373.82 $442.39 i I I t I I i i CITY OF DENTON MEMORANDUM DATE OF MEETING October 16, 1979 I ! AGENDA ITEM Bid #8693 Annual Supply of Cast Iron 6 Ductile Pipe SUMMARYI This bid is for the annual supply of Cast Iron and Ductile Pipe. This pipe is used by the Water 3 Sewer Department in the maintenance and new construction of the water distribution system. This pipe is carried as Warehouse Inventory and purchased as needed during the contract period. FISCAL, SUMMARYt 'tais pipe is purchased through the Warehouse inventory account number 05-98-87-09, Working Capital Water 6 Sewer Inventory. The using department is not charged until the material is checked out. ACTION REQUIREDI j Approval by Council and award of bid. ALTERNATIVESi i 1. Approve as recommended. I 2. Purchase as needed. STAFF RECOMMENDATIONSt ;I We recommend the bid of lone Star Steel for the Cast Iron and the Sid of U. S. Pipe and Foundry for the ductile pine. McWayne Pipe Co, has offered a lower overall bid, however, their FOB pofut is Birmittgham, Alebama. EXH IBITS1 fi Tabulation sheet. y Tom D. Shaw, C.P.M. Aselt. Purchasing Agent G I i } i BID 1 8693 BID cast Iron 6 Ductile Pipe American McWayne Lone Star Cciffin U. S. Pipe cast iron cast iron Steel Pipe 6 Foundry OPEN October 21 1979 ACCOUNT 1 05-98-87-09 -1 QTY,j TT2H DESCRIPT10H VENDOR VEHDOR VENDOR VENDOR VENDOR VENDOR Cast Iron Pipe 4" $3.14 6t. $3.74 sit $5.17 loll $6.83 12" $6.78 Lubricant Soap Cal. $4.50 Ductile Iron Pipe 4" $3.45 $3.62 $3.39 83.44 6" $4.30 $4.04 $4.12 $4.07 { Su $5.90 $5.53 $5.72 $5.57 10" $7.78 $7.30 $7.55 $7.36 12" $9.94 $9.34 $9.66 $9.42 Biringham iringham 1 POB Frt. Atw, _ELL*~y - Denton Denton non Delivery 35 days Prompt 30 ARO 30 ARO 20 ARO Terms hl 10 day Net 30 Net 30 Net 30 Net 30 i .u..►rrM+.arre.rwir.rr.~.aa~r ' I CITY OF DENTON j MEMORANDUM DATE OF MEETING October 16. 1979 AGENDA ITEM Bid 98694 Annual Supply of Clay Tile pine 6 Fittings SUMMARYI This bid is for the yearly requirements of clay the pipe and fittings for the City of Denton. This material is purchased as needed throughout the con- tract period. All items on this bid are warehouse inventory items purchased in mixed truck load quantities. This material is used by the Water and Sewer Depart- ment in maintenance and contruction of the sewage collection system. i FISCAL SUMMARY. I This material is purchased through the Warehouse inventory account ` number 05-98-87-09, working capital water and sewer inventory. The using depart- II mEnt is not charged until the material is checked out. i ACTION REQUIREDI Approval by Council and award of bid. j ALTERNATIVESI , 1. Approve aj recommended. 2. Purchase as needed. ' y STAFF RECOMMENDATIONSI f 1 Only one bid was received in reply to request sent to four qualified bidders. We recommend the bid of Can-Tex Industries be approved as bid, firm prices for one year$ FOB9 Denton, Tsxas. k EXHIBITSt Tabulation sheet. Tom D. Shaw, C.P.N. Asst. Purchasing Agent j F ' r j BID t 8694 j BID Clay Tile Pipe 6 Fittings ran-Tex Dickey Bowles d Trans-Tex OPEN October 20 1979 hidustrie Clay Eden Supply ACCOUNT 05-98-87-09 TY. ITEH DESCRIPTIOR- VENDOR VERDUR VENDOR NOW- VENDOR VENDuR V 9 9 55 66 IN HOW- 4" Clay the pipe .76 N /B NIB NIB " a tile pipe 1.25 " C14Y tile i 1,80 10' Clay 1 2.97 12" Clay tile pipe ~.03 Lubricant Scan 4.10 7Adcpter : " 4,00 AdaRtar 6" 8.50 --AdARUr Rio 13.10 1 ~ j r i r I~ a 9 I CITY OF DENTON MEMORANDUM I DATE OF MEETING October 16. 1979 AGENDA ITEM Bid B 8697 Side Loading Commercial Packer Body SUMMARY: This bid is for one 30 cubic yard aide loading commercial packer body to be mounted en a truck cab and chassis owned by the City of Denton. The com- bination of this body and the truck will be an addition to the Solid Waste Motor Pool fleet, This unit will be used by the Solid Waste department on the commercial (green containers) pickup routes, FISCAL SUMMARYi The funds for this purchase have been included in the 1979-1980 budget in account number 08-02-91-04, Public Wirks Commercial sanitation machinery and equipment, 'Cho truck cab and chassis was purchased as a motor pool replacement in the 1978-1979 fiscal year. f1 ACTION REQUIRED: Approval by Council and award of bid. ALTERNATIVES: M 1. Award as recommended by staff. 2. Reject all bids, STAFF RFCuMMENDATIONS: I~ We recommend the bid of Eberling Manufacturing (EMCO) of Plainview, Texas h in the amount of $18,250.00. Pak-Mor Corporation of San Antonio has offered a lower bid of $16,700,00. We have had both types of equipment in our fleet and feel the $1,550.00 additional will be well spent on the EMCO body. We currently have four EMCO unite in our commercial sanitation fallet. We have gotten superior preformance h and reliability from the EMCO equipment and much better support from the manufacturer E in the way of parts and service than experienced in the past from Pak-Mor, Also, wd feel a savings can and will be generated by standardisation of our sanitation fleet while keeping a close watch on purchase prices. Again, we recommend the bid be awarded to Eberling Manufacturing Company (EMCO) in the amount of $180250.000 not 30 t days, FOS Denton, Texas. EXHIBITSs Tabulation sheet. Tom D. Shaw, C.P.M. Asst. Purchasing Agent II~ nID 1 8697 81D Side Loading Packer Body ENCO Pak-blur Truxmore OPEN October 1979 ACCOUNT 1 08-02-91-04 V_EWb_0F_ VENDOR VENDOR bW' 1 30 and commercial aide loading refuse body $18 150.00 $16,700.01 NIB r recei t of hassi 150 days 30 dA' -Delivery TArmim Net 30 Net 30 FOR Denton Denton j a j v I i CITY OF DENTON MEMORANDUM DATE OF MEETING October 16, 1979 AGENDA ITEM Hid 0 8698 4 Yard Refuse Containers SUMMARY: This bid is for 20 pieces of a 4 cubic yard refuse container to be used by the Solid Waste Department in the Commercial refuse collection system. These containers will be placed through out the City on an as needed basis. FISCAL SUMMARY: This purchase will be charged to the account number 08-02-91-06, Solid Waste Commercial Collection Machinery and Equipment. Funds for this purchase are included in the 1979-1980 budget. I ACTION REQUIRED: Approval by council and award of bid. j ALTERNATIVES: + 1 1. Approve as recommended. 2. Reject all bids. 1 { STAFF RECOMNDATIONS: t r r We recommend the low bid of War-Pak, Inc. They have offered two designs in lid structure. It is our recommendation that we purchase 10 units meeting specifications at $246.50 each and 10 units with the new lid design at $241.50 each for a total of $4,880.001 60 day delivery, FOB Denton, Texas 4 j with a 2% 10 day, Net 30 terms of payment. EXHIBITS: , i Tabulation sheet. Tom D. Shaw,' C.P.M Asst. Purchasing Agent 4 a 5 N 1 BID 1 A698 I BID Four Yard Refuse Containers Duncan Fugua South- Benjamin War-Pak, War-Pak OPEN October 4. 1979 Equip. Entp. Western Feld 6 Inc. Inc. Container Assoc. Alternate ACCOUNT 1 08-02-91-06 1 QTY. ITEM DESCRIPTION E TEWD-07- VENDOR E 1. 20 Refuse Containers 4 yd. $306.00 $275.00 $275.00 $259.00 $146.50 $241.50 i 1 I Deliver 60 days 60-90'day 30 days 30 day 60 day 00 day Terms 2% 20 2% 20 Net Net 2% 10 2% 10 ~I i • 14 I t y R. Ia CITY OF DENTON i Memorandum October 16, 1979 Agenda Item: Consider the final subdivision plat of the Good Samaritan Addition. Summary: The property owner seeks to subdivide a 4 acre tract located south of Headlee Lane and east of Hinkle Drive, into one lot for the purpose of constructing duplexes on the south side of Headlee Lane; a triplex located on the south side of W. Hall Drive near Kinkle, and a triplex located on the south side of E. Hall Drive near the east property line. This subdivision is for a portion of PD-21, and the site plan including this addition to Good Samaritan Village was approved by the City Council on lurch 15, 1979. Appropriate utility and drainage easement requirements have been met, and no street improvements are necessary. Utility and drainage plans are satisfactory .or the development of the site. Recommendation: The Planning and Zoning Commission unanimously recommended approval of this j plat at its October 3, 1979 meeting. The Planning, Engineering, and Utility Deparmtnets have each reviewed the plat and recommended approval. Action Required: The City Council should move to approve the final subdivision plat of the i Good Samaritan Addition. Exhibits: A) Memo B) Map j { i I i i i • FI. ltry Jl It tl IXlp I ~L 4r1 N~ MEA. r~rrrr*~ai♦i~•~iAr~rl rr rrrrrrrrrrrrrrrrr. , E I r., aca wr.ul. boa LOT I "CK a ^~,r Ili ~ 1 0000 SAMARITAN VILLAGE ~l~I aoMM euwarc •uem # All r.:ooo' I - !iI r - if i E -00 i I) ftrttwwRrn» i 'III CITY OF DENTON Memorandum October 16, 1979 Agenda Item: Consider the final subdivision plat of Wimbleton Village Phase 1. Summary: The property owners seek to subdivide a tract which is approximately 28.6 acres in size. The tract is located along the east side of State School Road adjacent to the entrance to the State School. The property being platted is a part of PD-12 designated for Single Family (St-7) and multi family development. Appropriate utility and drainage easement requirements have been met, 4 as well as street improvement requirements. Recommendation: The Planning and Zoning Commission unanimously recommended approval of this plat at its October 3, 1979 meeting. The Planning, Engineering, and Utility Departments have each reviewed the plat and -.ecommended approval. Action Required: 3 The City Council should move to approve the final subdivision plat of Wimbleton Village Phase I. Exhibits: A) Memo B) Map i I V I II .w . .w..w. I/p/ - V . V a f ki.lp 4 A IF •i R IF~I I'All _ l • rf; •r nMMf .n .6'Mr wne i r _r U'rr Av I Tfl •iLPV~4P!r_ 4:_18 • 1C, rhXl r.t h.rr• ra .W 7 :L T7-AA 7JT $X •l~1Lli}I~['t ]~f 1 r i s • ' • • ;W91 ?A' A•f 'AAA till, 1-4 -W.'a ' t 'r)clh j ~ r' ;I LI 11 .11 r P4W /[.ice ir,,4 L v ei i. d11.TF M [ttt . 1 ~itfr' 3/ri~i } ' at v ~N, J . , Awr •x« .w.n< r.tbr r. r./w rprr/ II IM PIN LO $619 10411 UN OAnI l + ~Tr ± 11 fjf.uu ernfor.rc•n,b[ e I . II i I r. er e 71 7 i •ro l• Ir r . ~rlr rr LI ~ 'sl [ at 4 lis 1mo."' lins.... s ,r prp.• .1 ts... n... - - r , It r If v 1 $10 ]$31 M1t ~ ~[p t'113`'tT~ S V I `IL Ek t1 11 •i .~O C. 'F_ to t ♦11 1 I'LF I I[ ` [o, Y 'lip ~'.a:1 }ISy:~ •tlr ! SFw Jt I It • I. u HN~1'. a4r■ / _ t i r L1, tit r 1' - lly ' f r,' a ~ -rvL t t J" n.. 14''II' it It I IE Y'_ . t ~ \Iti is ~lriwy0 11 '1't ~ ~ tf nr.~ Ll4 ` I r• • r~1-(!~; I IN /re•ti T. M str r~~~4 VI f,}I. , ,q. .~a• 4N~'rt• L721r } 41 1 irP S' t, r L 1 \.t~f't, ~~11 ~ a Iy rr~«..,t'~ Q tt`y{~y ,i~ II yl ~a~'+, r'T 21._.. tr ~^7'1 rt1 'y +.y ` ~ Tf i .y 1. * \f p". ' •`.1, L TRACT 'A' . f .M•NY' ~ i a 'wi ~ ~ y 7.2 ^r✓~Tj.s.,~3 . A~H 1i ` ~•ia 1MO r• + ' 1; •'I 4NVr' I.,rpr3 1 : /t t 1 ~`r: w u~ ~:r°tw~i•~°s '•s •a ~1~ ~ , f~i . €/rnr •r,."Y ;kV, 7.MSY f. TENT •..y / l\ 1 t • 1 'I• .i~ ' I ~ aJM'l+•iS C[[F/Krtl i.i1 4 - tr . t ! • e 1 h ' tlRllr 21lntY. ~ w .„`.y +....r r. ~ _ ,~\+t 1 . Y ~ (r'JF: h Y FY UM, •iw.Ir~ rw r,r• . ly ! r[. a f.u• ~~.or r i 'I ~l-MA WAIF i'ry 11•w, ♦.rA.tr - it r..•wrwtr.•a~..w. 1! r, .Xn Irpll~glYl/ r... .'L.. , r.- r'11.Jr `Ir J. 4 E >~,r,TKr~aT'S +t' }fl. Y•tr wwwl re.r:rk s, t 1 41 i If + I ' CITY OF DENTON h Memorandum October 16, 1979 Agenda Item: Consider the final subdivision plat of Lots 1, 2 Block "A", Shady Oaks Industrial Park. i Summary: 3 The property owner seeks to subdivide a tract which is approximately 7.4 acres in size, for the purpose of constructing a day care facility on 9 Lot 6. Appropriate utility and drainage easement requirements have been met, as well as street dedication requirements. Recommendation: The Planning and Zoning Commission unanimously recommended approval of this a plat at its October 3, 1979 meeting. The Planning, Engineering, and Utility Departments have each reviewed the plat and recommended approval Action Required: J The City Council should nova to approve the final subdivision plat of Shady Oaks Industrial Park Lots 1, 2 Block "A". i Exhibits: i A) Memo B) Map L i 1 i 3 :I ~I II I ~i ~-='r a i v*lilt'r rA W-t -A, W4 firs -34 yyI sl ` ' I c Loo7.i R r e i Lot c.loi ~i v S o♦\v ~ Y / ' j I)1f 4p OaVr/ LOT 4e LOT 2 w s : 1 MH 1, r t f I it 1 . P , I r \ rt~~:'• 1 .1'1 1 1 'il. 711 - I Off j A ~rl Nl fwr AI ~ T}F" ' 7lltef' C I r~t~:Cl t'Yi r YE , 1~ t { tf} yr~ =I1/~7 i 1~ VICINITY 4l►. , ' Ito n .T/~v 3r~ `'A!..1 1s ii1il •1 r/ 11 ~~'~hty I CITY OF DENTON I Memorandum z October 16, 1979 n~c uua uciu: Consider the final subdivision plat of East McKinney Street Addition. Summary: The property owner seeks to subdivide a 1.38 acre tract for Light Industrial (LI) development. The parcel begins at the northeast corner of the inter- section of East McKinney Street and Mayhill Road. i Appropriate utility and drainage easement requirements have been met. No street improvements are necessary at this time, and it is recommended that the property owner be assessed for street paving in the future, which is in accord with City Council Policy establi.shed on Golden Triangle Industrial k Park. Recommendation: The Planning and Zoning Commission unanimously recommended approval of this a plat at its October 3, 1979 meeting. The Planning, Engineering, and Utility Departments have each reviewed the plat and recommended approval. E Action Requiredi a The City Council should move to approve the final subdivision plat of East i McKinney Street Addition. Exhibits: A) Memo j 8} Map I j / I i I i i R .wn SEP Z T 197! s • , .e a 'i: ._M f~, ,'.w'..;,. ,fir r':;d,,h~''v'~h'',' `Y ~k VON m~ I Jf ty 9^~ ; .,1 7I Y f 00 If ir t., A A o z Flnol plot at EAST -MCKINNEY STREET AODITKIN h ~U9 a port o1 I" MEP a Pqq Co SURVEY A-929 I COY one Cov,Hy of ClAfOn. rAreA i I i I