HomeMy WebLinkAboutResolution - 2221 - Agreement - Checks Systems - Financial Collection Service - 01_09_1986Resolution #2221
January 9, 1986
Agenda Item #36
Prepared by the Legal Department for City Council
Meeting of January 9, 1986.
MH:js
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Professional
Services Agreement by and between the City of Lubbock and Checks Systems,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th fiow „f
ATTEST:
Ranette 89yd, City Secretary
APPROVED AS TO CONTENT:
o•rt.o•sn., 4AAL—
Robert Massengale, As istant City
Manager for Financial Services
APPROVED AS TO FORM:
LZ--
Mich6le-Hairt, Assistant City Attorney
J;inuary
1QRG
Resolution #2221
THE STATE OF TEXAS
§ PROFESSIONAL'SERVICES AGREEMENT
COUNTY OF LUBBOCK
THIS AGREEMENT entered into this day by and between the City
of Lubbock, hereinafter called "City", and Check Systems, herein-
after called "Corporation;"
WITNESSETH:
WHEREAS, the City may have checks which it may desire Cor-
poration to collect from time to time, and whereas, Corporation
is qualified to collect such unpaid checks as may be referred by
City; and
NOW THEREFORE, the City and the Corporation mutually agree
as follows:
1. Corporation agrees to perform collection on in-
sufficient funds checks upon the terms stated in Exhibit
"A", which are attached herewith and made a part hereof for
all purposes.
2. The term of this Agreement shall be one (1) year
commencing on January 1, 1986 and ending on December 31,
1986. However, both parties to this Agreement shall meet on
or before September 1, 1986 for the purpose of negotiating
an optional one (1) year extension of this Agreement.
3. The Corporation shall keep full and complete re-
cords of its progress in a form agreeable to City, which
form shall be approved by City prior to commencement of
collection activities.
4. Corporation shall. not assign any interest in this
Agreement and shall not transfer any interest in this Agree-
ment, whatsoever, without prior consent of the City.
5. Corporation shall save and hold harmless the City
from all suits, actions or claims brought on account of any
activities engaged in by Corporation pursuant to this Agree-
ment.
6. City shall assist Corporation by making available
to Corporation all records and dates on file that will as-
sist Corporation in the discharge of its duties under this
Agreement.
7. Corporation agrees that it will comply with all
laws pertaining to collections of this nature, both federal
and state.
a. This Agreement may be terminated by either party
during its course by delivery of thirty (30) days written
notice of intent to the other party at the following addres-
ses:
CHECK SYSTEMS CITY OF LUBBOCK
2603 Boston P.O. Box 2000
P.O. Box 12050 Lubbock, Texas 79457
Lubbock, Texas 79452
EXECUTED this 9th day of January , 1986.
CHECK SYSTEMS:
CITY U LUBBOC
AL'AN HENRY, "MAYf�
ATTEST: �/
C;a�L_Boyd
City Secretary
APPROVED AS TO CONTENT:
Robert Massengale
Assistant City Attorney
APPROVED AS TO FORM:
Michele Hart -
Assistant City Attorney
- 2 -
Resolution #2221
CITY OF LUBBOCK
REQUEST FOR PROPOSAL FOR FINANCIAL COLLECTION SERVICES
RFP #8799
The City of Lubbock is requesting proposals for financial
collection services from Account Collection Agencies located
within the Lubbock City limits.
1. Sealed Proposals:
Responses to this request for proposals (RFP) should be
submitted in a sealed envelope no later than 2:00 p.m.
on December 2, 1985, clearly identified as "Proposal
for Financial Collection Services", and mailed (or
delivered) to:
Gene Eads, C.P.M.
Purchasing Manager
1625 13th Street, Room L04
Lubbock, Texas 79401
2. Responses
All responses must be presented on the.standardized
"Financial Collection Services Response Form" which has
been provided. The City's decision will primarily be
based on a comparison of the standardized proposal
forms received and accompanying information. The City
reserves the right to reject any and all proposals, or
to informally negotiate certain points of the final
contract with a qualified agency.--
3. Questions and Additional information
A proposal conference will be held in the City Hall
Committee Room at 10:00 a.m. on November 20, 1985. At
that time, all prospective agencies are invited to
request any additional clarification or information
necessary to the preparation of their individual
responses. Telephone questions to individuals within
the City are not encouraged, but will be permitted,
with the e ZJJjzjt proviso that any responses thus
obtained are not binding on the proposal process or
upon the award of the contract.
Exhibit A
4. Schedule -
Proposal Conference 10:00 a.m., Yovember 20,
1985, Room 103 City Hall, Committee Room.
All proposals must be in the hands of the
City Purchasing Department no later than 2:00
p.m., December 2, 1985.
The City Council will consider the award of
the contract on December 12, 1985.
Implementation date for contract, January 1,
1986.
5. Selection Criteria:
The following criteria will be used to evaluate
proposal responses and to make a.recommendation for
award to the City Council:
a. The completeness of the response to all
required items on the standardized
proposal forms.
b. The proposed cost of collection services.
c. The physical convenience of City
Officials.
d. The experience and continuity of the
Collection Agency personnel who are
identified as primary contact personnel.
SCOPE OF SERVICES
1. The City currently has approximately 230 uncollectable
checks per month to be collected by a Collection Agency.
The returned checks are forwarded to the collection
agency direct from the City's depositor - bank. The
,agency will collect the face amount of the check plus an
approved service charge which is added by the City. The
agency will service checks referred by City at the
approved rate, per check collected. In the event said
service charge is not collected, there will be no charge
to City on face amount of check collected. The agency
will remit to City the total amount collected whenever
the amount reaches $5,000. The final payment for each
month shall be remitted to the City no later than the
second business day following the close of the month.
The total amount shall be the face amount plus the
approved service charge. The City will notify the
- 2 -
directly to the City. The agency will bill City for any
fee due the agency on regular monthly statements.
Any check and service charge which remains uncollected
on the 45th day following the Agency's receipt of the
check from the City's depositor bank will be forwarded
promptly to City, and the agency is relieved of all
responsibility and rights of collection of the face
amount and the service charge.
Lubbock Power and Light (LP&L) will have first right of
collection on all checks and drafts remitted to LP&L.
LP&L will send an LP&L employee to the Collection
Agency on a daily basis and pull some checks and drafts
which will be classified as unworkable to the agency.
On the 3rd business day following the end of the month,
the agency will furnish the City with the following
reports.
1. The amount of checks in process of collection at
beginning of month.
2. The amount of checks received from the bank during
the month.
3. The amount of checks returned to City as
uncollectable during the month.
4. The amount of the checks returned to the City as
unworkable.
5. The amount of service charge collected during the
month.
6. The face amount of checks collected during the
month.
7. The amount of checks in process of collections at
end of month.
The agency will notify City and recommend legal action
when necessary to affect collection on any specific
check. Appropriate fee to be paid to the agency will be
negotiated on a one to one basis. No legal action will
be taken without written approval of the City.
2. The collection agency will perform all normal collection
services on overdue accounts owed to LP&L on a
contingency basis. An overdue account is a final
account which is approximately two (2) months old. The
collection agency shall remit to the City the gross
- 3 -
amount of all monies received on City accounts within
five (5) working days from the last day of the
preceding month. The agency will bill the City for any
fee due the agency on regular monthly statements at the
approved rate. The collection agency shall honor
requests by the City to withdraw accounts from
collection upon the City's request. Once an account
has been turned back over to the City, the agency is
relieved of all responsibility and rights of
collection. The collection agency shall notify LP&L of
any account legal expense prior to paying such expense.
Account information will be made available to LP&L
personnel upon request.
3. The collection agency will perform all normal collection
services on all current and overdue accounts which the
City desires handled by a collection agency. Some
examples of these accounts would include but not be
limited to the following:
Weed Mowing Charges
Paving Assessments
Water and Sewer Pro Rata
Gravesite Purchases Accounts Receivable
Funeral Home Accounts Receivable
Current account collection shall consist of a ten (10)
day letter statement and a twenty (20) day collection
letter sent by registered mail. All current collection
procedures will be done under City of Lubbock
letterhead and Assistant City Manager for Financial
Services must approve all form letters.
The collection agency shall remit to City the gross
amount of all monies received on City accounts within
five (5) working days after the last day of each month.
The agency will bill the City for any fee due the
agency on regular monthly statements. All fees will be
on a contingency fee basis. The agency shall honor
requests by the City to withdraw accounts from
collection upon the City's request-. Once an account
has been turned back over to the City, the agency is
relieved of all responsibility and rights of
collection. The collection agency shall notify the
City of any account legal expense prior to incurring
such expense. Account information will be made
available to City personnel upon request.
4. The collection agency shall procure, pay for, and
maintain during the term of the contract, with a
company authorized to do business in the State of Texas
and acceptable to the City, the following minimum
insurance coverage:
- 4 -
1. Worker'snpensation with liability limits of not
less than $100,000.
2. ComprehenalYe Automobile Liability covering
liability on owned or hired automobile with minimum
limits of $250,000/$500,000 bodily injury and
$100,000 property damage.
3. Comprg ensive General Liability with limits of not
less than $500,000 bodily injury per occurrence and
$100,000 property damage per occurrence.
4. $1.000,000 Umbrella Liability Coverage - such
coverage should follow the form of underlying
coverage.
5. Professional Liability, Insurance including errors
and omissions with minimum aggregate limits of
$5,000,000 per occurrence.
6. Blanket Crime Insurance with limits of not less than
$5,000 for loss of money or securities due to
dishonesty of employees, robbery, or theft,
counterfeit paper or currency, or forgery of
outgoing instruments. In addition, a separate
policy with limits of not less than $145,000 which
covers employee infidelity and depositors forgery.
7. valuable Papers which cover loss of destruction of
valuable papers, notes, and records at the premises,
in transit, and temporarily at the premises of
others with limits of not less than $200,000.
5. The City reserves the right to enter into contractual
agreements with the agencies presenting the lowest cost
in each area of service. Each agency will be asked to
sign a contractual agreement prior to the presentation
to City Council.
6. The City will enter into a signed contractual agreement
with the collection agency selected for a period of one
year, with a explicit right to renew the contract for
• one additonal one-year extension. This agreement may
be terminated by either party during its course by
delivery of thirty (30) days written notice of intent
to the other party.
- 5 -
1.
FINANCIAL COLLECTION SERVICES RESPONSE FORM
Rate Schedule•
Check Collection - unit price per check
Account Collection:
Current Accounts - 30 days or less
Accounts - 31 - 60 days
61 - 120 days
121 - 180 days
181 - 1 year
1 year - 18 months
over 18 months
2. Additional Information Required: (Please attach additional
information to this response form).
1. A detailed account of past history as a Collection
Agency and include appropriate references on similar
accounts your agency handles.
2. A clearly defined outline of all collection procedures.
3. A list of key personnel of the Agency; a job
description, and a brief summary of their professional
experience.
4. All pertinent agency information, i.e. - annual reports
and insurance information.
5. All pertinent bonding information.
RFP 48799
Addendum 41 to Request for Financial Collection Services
Please change the following items on the Request for
Proposals for Financial -Collection -Services:
Page 2, Item 1F1, Paragraph #k1, Sentence 4116, The
agency will remit to City the 'total amount
collected once a week.
Page 3. Item #F1, Paragraph #F2, Sentence #k2, If the
agency collects on the check during the 90-day
period following the return of the check to the
City, the agency shall have the right to retrieve
the check from the City and all responsibilities
and rights of collection will be restored to the
Agency.
Page 3, Item #2, There are approximately 680
overdue LP&L accounts per month with an average
size of $190.
Page 4, Item #r3, Sentence .F3, Current account
collection shall consist of a ten (10) day letter
statement and a twenty (20) day collection letter.
The twenty (20) day collection letter for Weed
mowing charges shall be sent by certified mail
return receipt requested.
Page 4, Item #k3, There are approximately 30
Funeral Home accounts receivables per month at a
price ranging from $175 to $300 and 20 Grave Site
accounts receivables per month at an amount from
$225 to $500. The Weed Mowing Charges average $40
each and there are approximately 3,000 per year.
There are approximately 1,000 Paving Assessment
accounts averaging approxi-mately $1,000 each set
up on yearly installments. In '1985, there were
approximately $200,000 Paving Assess-ments
assessed on 15 accounts, most of which were
collected within 30 days.
Page 4, Item 43, Paragraph 2, Sentence 2, The
collection agency shall remit to the appropriate
City department the gross amount of all monies
received on City accounts within five (5) working
days after the last day of each month.
Page 4, Item 44, Sentence 41, The collection
agency shall procure, pay for, and maintain during
the term of the contract, with a company
authorized to do .business in the State of Texas
and acceptable to the City, the insurance coverage
listed below. Substantial compliance on insurance
coverage will be considered acceptable.
Page 5, Item #4, Subheading #5. Professional
Liability_Insurance including errors and omissions
with minimum aggregate limits of $1, 000, 000 per
occurrence.
Financial Collection Service Response Form, Item
#2, Subheading 44, All pertinent agency
information, i. e. , - annual financial reports of
the agency and insurance information.
- 2 -
CHECK SYSTEMS
NEW
my Phone No. (806) 7474.487
A COMPUTERIZED CHECK VERIFICATION AND COLLECTION SERVICE.
.TEXAS December 2, 1985
ADDENDUM TO BID FOR FINANCIAL COLLECTION SERVICES
Gene Eads, Purchasing Manager
City of Lubbock
The business submitting this bid was started in Lubbock in 1980
as the first totally computerized check verification & collection
service in West Texas. Since starting business in November, 1980,
we have signed up and are now servicing approximately 600 merchants
in the Lubbock area as well as extending to other areas of West
Texas and New Mexico through our office in Albuquerque. Officers
of the company are.Ray Terry, President, Paul Cooper, Vice Presi-
dent and Lillian Terry, Sec.-Treas. Ray and Lillian Terry have
in excess of 30 years business experience which included owning
and operating a collection agency in Lubbock for collection of
accounts for a number of years.
Our personnel .is made up of Supervisor David Terry, an office
manager, 3 office clerks who handle collections, notices and phones,
5 collectors for calling on checks due plus 3 sales and service
representatives who service accounts. All of our employees are
knowledgable in this type business and are familiar with the
Federal Fair Debt Collection Practices Act under which we are
governed.
they are input in com uter First notice
__ ._..__ - ._ _ _ -_ .,.First _ ,L.s_�_.g.en�ra.ted and_--mai]_ed
the same dayyand� are then to e.dto co.11e,etpxs_. .ar,....,cald.,'i-g_-.m.�gt:�emp.t
to contact cheL„tms ..t..,._,.._Seven-( 7).- -days
later 2nc1,x��t.�:,�.�.,....�....gen�r,.�„�ed and_ ma�_led �.,-Thi-x.d>,.nc:�-t�.�• �-....se-ri.�-�.atm.-za.-.
.discretion of caller. Checks are worked for appromate.11r_...45_-._day, .,
All bonding and insurance requirements will be met. Certificates
of Insurance will be provided upon awarding of Bid.
Attached is a cross-reference of some of our accounts being handled
at this time:
2603 BOSTON • P.O. BOX 12050 • LUBBOCK, TEXAS 79452
CHECK SYSTEMS
14M Phone No. (806) 747-4487
A COMPUTERIZED CHECK VERIFICATION AND COLLECTION SERVICE.
TEXAS
ADDENEUM - PAGE 2
Cox Cable TV
Ince Oil Co. - 20 locations
Horkey Oil Co. - 8 locations
Town & Country Food Stores - 18 locations
K-Mart Corporation - 3 locations
C. R. Anthony Co. - 2 locations
Bowman Lumber Co.
Woody Tire Co.
Bell Gas - 11 locations
Domino's Pizza - 8 locations
E-Z Mart Stores - 22 locations
Dillard's Department Store
McLain Oil. Co. - 4 locations
Pizza Inns - 6 locations
Revco Drug Centers - 9 locations
Boren & Shields Texaco Food Marts - 5 locations
2603 BOSTON 0 P.O. BOX 12050 . 9 LUBBOCK, TEXAS 79452 -
Resolution #2221
CHECK SYSTEMS
r►Ew
mrxaco Phone No. (606) 747-4487
• • TEXAS
A COMPUTERIZED CHECK VERIFICATION AND COLLECTION SERVICE.
BID FOR FINANCIAL COLLECTION SERVICES
CITY OF LUBBOCK
2603 BOSTON • P.O. BOX 12050 • LUBBOCK, TEXAS 79452
t
FINANCIAL COLLECTION SERVICES RESPONSE FORM
1. Rate Schedule:
Check Collection - unit price per check $8.85
Account Collection:
Current Accounts - 30 days or less %
Accounts - 31 60 days %
61 - 120 days %
121 - 180 days %
181 - 1 year %
l year - 18 months %
over 18 months %
2. Additional Information Required: (Please attach additional
information to this response form).
1. A detailed account of past history as a Collection
Agency and include appropriate references on similar
accounts your agency handles.
2. A clearly defined outline of all collection procedures.
3. A list of key personnel of the Agency, a job
description, and a brief summary of.their professional
experience.
j All pertinent agency information, i.e. - annual reports
and insurance information.
'�� fl 5. All pertinent bonding information.
DATE November l5, 1985
RE: Verification Systems Inc. DBA/ Check systems
PERIOD ENDED August 31, 1985
The enclosed Statement of Assets, Liabilities and Net Equity with
related Income and Expense Statement for the referenced client has
been prepared by our firm utilizing information obtained from the
client's records.
Our preparation of these statements was made in accordance with the
same generally accepted recording procedures as used in the preparation
of the Federal Income Tax return.
Accordingly, such analysis of the records was made as.considered
necessary in the circumstances.
The Company elects to report its financial position and income -and
expense on the Cash basis, which is the same basis as used
for Federal Income Tax purposes. Depreciation has been calculated
using the Accelerated Cost Recovery System.
John H. Russell
Enrolled Agent Number 25351.
231
STDBS
100
***ASSETS***
100.1
*CURRENT ASSETS*
101
CASH ON HAND
102
CASH IN BANK -TX BK & TR/REG
103
CASH IN BK-TX BK & TR ESCROW
104
CASH IN BK/TX BK & TR PURCH
105
COMPUTER CARD INVENTORY
108
ACCOUNTS RECEIVABLE/CHECKS
109
ACCTS REC/ALBUQUERQUE
110
EMPLOYEE SALARY ADVANCE
111
OFFICER LOAN
113
CK SYSTEMS OF N/MEXICO STOCK
115
SECURITY DEPOSITS
120
*TOTAL CURRENT ASSETS*
121
*FIXED ASSETS*
125
COMPUTER EQUIPMENT
127
LESS ACCUMULATED DEPRECIATION
135
SOFTWARE
137
LESS ACCUMULATED DEPRECIATION
145
FURNITURE AND FIXTURES
147
LESS ACCUMULATED DEPRECIATION
155
VEHICLES
157
LESS ACCUMULATED DEPRECIATION
165
ORGANIZATIONAL EXPENSE
167
LESS ACCUMULATED AMORTIZATION
175
FRANCHISE FEE
195
TOTAL FIXED ASSETS
199
***TOTAL ASSETS***
200 ***LIABILITIES AND EQUITY***
201 CURRENT LIABILITIES
202 PAYROLL TAX PAYABLE
203 FICA
204 FUTA
205 EMPLOYEE WITHHOLDING
206 TEXAS EMPLOYMENT COMMISION
207 STATE TAX WITHHOLDING
SEE COVER LETTER
TELECOM OF LUBBOCK
BALANCE SHEET
AS OF AUGUST 31,1985
300. 00
4358.73
328.66
1530.49
9924.00
20824. 46
85808. 57
89000.00
750.00
169213.06
93892.47-
75320.59
12500.37
8319. 34-
4181.03
6903.00
3822.99-
3080.01
1500.00
1500. 00-
2639. 61
1 055. 84-
1583.77
2000. 00
2814.22
2071.00
212824.91
--__86165.40
298990.31
4885.22
231
STDBS
210
TOTAL PAYROLL TAX PAYABLE
211
CUSTOMER DEPOSIT
212
INCOME TAX PAYABLE
213
ACCOUNTS PAYABLE/EMPLOYEE
214
ACCOUNTS PAYABLE/CHECKS
215
CURRENT N/P - TBT FUR CK
216
CURRENT N/P TB&T-CK SYS OF NM
217
CURRENT N/P-TEX BANK & TRUST
225
TOTAL CURRENT LIABILITIES
230
LONG TERM LIABILITIES
231
NOTE PAYABLE TB&T EQUIP
232
NOTE PAYABLE - L. TERRY
233
NOTE PAYABLE - STOCKHOLDERS
234
NOTE PAYABLE-CK SYS OF NM
241
TOTAL LONG TERM LIABILITIES
250
TOTAL LIABILITIES
255
STOCKHOLDERS EQUITY
260
CAPITAL
265
RETAINED EARNINGS
275
EARNINGS TO DATE
280
EQUITY TO DATE
299
TOTAL LIABILITIES AND EQUITY
SEE COVER LETTER
TELECOM OF LUBBOCK
BALANCE SHEET
AS OF AUGUST 31,1985
11053. 57
15358.03
31200. 00
38035. 47
2100.00
86966. 19
5 67. 51
10000. 00
5637. 09-
46161._41
57611. 60
185969. 17
248465.99
5_0_5_2_4_.32_
298990.31
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231
TELECOM
OF LUBBOCK
STDIS
INCOME
STATEMENT
FOR PERIOD ENDED AUGUST 31,1985
'
________________________________________________________________________________________________________
------CURRENT
PERIOD --------
YEAR
TO DATE ----
AMOUNT
PERCENT
---AMOUNT
PERCENT
____________________________________________________________________________________________________________
542
TAX PENALTIES
81.42
0.32
84.47
0.03
543
TELEPHONE
1140.78
4.51
10593.65
3.67
546
TRANSPORTATION EXPENSE
582.46
2.30
5369.24
1.86
547
TRAVEL
1408.71
0.49
549
UTILITIES
2.26
0.01
3262.76
1.13
552
TOTAL OTHER OPERATING EXPENSES_____g232.58
38.47
82677.11
28.64
554
TOTAL CONTROLLABLE EXPENSES
15859.97
62.64
177839.17
61.60
556
NON -CONTROLLABLE EXPENSE
558
ACCOUNTING FEES
482.85
1.91
3686.95
1.28
559
AMORTIZATION
88.04
0.35
263.96
0.09
560
DEPRECIATION
1069.34
4.22
37760.18
13.08
562
INSURANCE
436.00
1.72
1264.00
0.44
564
INTEREST
14745.58
58.24
16288.89
5.64
566
LEGAL FEES
35.00
0.01
570
RENT
310.00
1.22
3720.00
1.29
572
VARIOUS TAXES
1699.03
0.59
574
TOTAL NON -CONTROLLABLE EXPENSE
17131.81
67.67
64718.01
22.42
576
TOTAL OPERATING EXPENSES
32991.78
130.31
242557.18
84.01
578
NET PROFIT BEFORE TAXES
7674.22
30.31
46161.41-
15.99-
700
ACCRUED INCOME TAXES
8940.41-_______35�31-____________
750
NET AFTER TAX PROFIT
1266.19
============ ============
5.00
46161.41
============ ============
15.99
SEE COVER LETTER