Council Meeting Minutes - 2012-12-11

PROCEEDINGS OF THE COUNCIL OF THE CITY OF ALEXANDRIA, LOUISIANA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD DECEMBER 11, 2012.

The Council of the City of Alexandria, Louisiana, met in a regular meeting session at its regular meeting place, on Tuesday, December 11, 2012 at 5:00 P.M.  There were present the Honorable Roosevelt L. Johnson, Ed Larvadain, III,  Jerry W. Jones, Jr., Harry B. Silver, James “Jim” Villard, Chuck Fowler and Mitzi LaSalle.  Also present were members of the Council staff, the Legal Division, Chief Operating Officer T.W. Thompson and other members of the Administration.

The Council of the City of Alexandria, State of Louisiana, was duly convened as the governing authority of said City by the Honorable Harry B. Silver, who stated that the Council was ready for the transaction of business. The Invocation was pronounced by Councilman Harry B. Silver and the Pledge of Allegiance was led by Councilman Jim Villard.

CONSENT CALENDAR                                                                                        

The Council next read all items found under the heading Consent Calendar and assigned them to committees.

Mr. Fowler moved for the adoption or introduction of all items appearing under the heading of Consent Calendar.

                         Mr. Fowler moved that the Clerk be instructed to set each consent item out in the minutes separately to reflect the proper movers and votes.

Mr. Jones seconded the motion.  It was unanimously carried by the Council.

                         On motion of Mr. Fowler, seconded by Mr. Jones, the minutes taken from a regular meeting and held November 27, 2012 were unanimously approved by the Council.

                         Bids were received for renovations to elevators at City Hall.

Name of Bidder                   Base Bid Amt.                            #1             #2                 #3

Pat Wms. Construction         $201,000           165,000  24,700    155,500

Otis Elevator                           123,575            120,809  13,492    146,471

                         Bids were received for renovations to elevators Customer Service office building.

Name of bidder                Base bid amt.           #1            #2

Otis Elevator                      71,580.00             88,210      104,144

                         Bids were received for revisions to City Hall computer room fire suppression.

Name of Bidder                          Base bid amt.

James A. Decker                        $181,994

                         The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation.  The following ordinance was introduced by Mr. Fowler, seconded by Mr. Jones, to wit:

AN ORDINANCE AUTHORIZING THE MAYOR TO

ACCEPT THE LOW BID SUBMITTED FOR

REVISIONS TO CITY HALL COMPUTER ROOM

FIRE SUPPRESSION, AS REFLECTED BY BIDS

RECEIVED AND TO ENTER INTO CONTRACT

FOR SAID WOOD POLES AND OTHER MATTERS

WITH RESPECT THERETO.

On motion of Mr. Fowler and seconded by Mr. Jones, the following ordinance was introduced:

                         AN ORDINANCE AUTHORIZING THE MAYOR

                         TO ENTER INTO A PROFESSIONAL SERVICES

                         AGREEMENT BETWEEN THE CITY AND BALLARD,

                         CLC FOR THE DESIGN OF HUDSON BOULEVARD

                         HYNSON BAYOU BRIDGE REPLACEMENT AND

                         OTHER MATTERS WITH RESPECT THERETO.

On motion of Mr. Fowler and seconded by Mr. Jones, the following ordinance was introduced:

                         AN ORDINANCE AUTHORIZING THE MAYOR

                         TO ENTER INTO A GRANT AGREEMENT WITH

                         SHEPHERD CENTER OF CENTRAL LA, INC.,

                         TO PROVIDE CASE MANAGEMENT, RENTAL

                         & UTILITY DEPOSITS, RENTAL & UTILITY

                         ASSISTANCE, FIRST MONTH RENT AND HMIS

                         ADMINISTRATION FOR THOSE AT RISK OF

                         BECOMING HOMELESS AND OTHER MATTERS

                         WITH RESPECT THERETO.

On motion of Mr. Fowler and seconded by Mr. Jones, the following ordinance was introduced:

                         AN ORDINANCE REZONING PROPERTY LOCATED

                         AT 1312, 1316 AND 1320 MOHON STREET AS

                         REQUESTED BY DR. DAVID BROOKS, FROM

                         “SF-2” SINGLE FAMILY MODERATE DENSITY

                         DISTRICT TO “B-2”, COMMUNITY BUSINESS DISTRICT

                         TO ALLOW FOR ADDITIONAL PARKING FOR

                         CALVARY BAPTIST CHURCH AND OTHER MATTERS

                         WITH RESPECT THERETO.

Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Jones, to wit:

                             RESOLUTION NO.   9125-2012

A RESOLUTION REAPPOINTING LISA HARRIS

AND OLIVET DAVIS TO SERVE ON THE

ALEXANDRIA HOUSING AUTHORITY BOARD

OF COMMISSIONERS.

The President called for any discussion.  There being no further discussion, a vote was called for and resulted as follows:

YEAS:              Fowler, Silver, Gibson, Villard, Johnson, Jones.

NAYS:             None.

ABSENT:        None.

ABSTAIN:      Larvadain.

The resolution was thereupon declared adopted on this the 11^th day of December, 2012.

Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Jones, to wit:

                             RESOLUTION NO.   9126-2012

A RESOLUTION AUTHORIZING ADVERTISEMENT

FOR BIDS FOR FIRE HYDRANTS & RELATED

ACCESSORIES FOR A TWELVE MONTH PERIOD.

The President called for any discussion.  There being no further discussion, a vote was called for and resulted as follows:

YEAS:              Fowler, Silver, Gibson, Villard, Johnson, Larvadain, Jones

NAYS:             None.

ABSENT:        None.

The resolution was thereupon declared adopted on this the 11^th day of December, 2012.

Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Jones, to wit:

                             RESOLUTION NO.   9127-2012

A RESOLUTION AUTHORIZINNG ADVERTISEMENT

FOR BIDS FOR HERBICIDES FOR A TWELVE

MONTH PERIOD.

The President called for any discussion.  There being no further discussion, a vote was called for and resulted as follows:

YEAS:              Fowler, Silver, Gibson, Villard, Johnson, Larvadain, Jones.

NAYS:             None.

ABSENT:        None.

The resolution was thereupon declared adopted on this the 11^th day of December, 2012.

Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Jones, to wit:

                             RESOLUTION NO.   9128-2012

A RESOLUTION AUTHORIZING ADVERTISEMENT

FOR BIDS FOR JANITORIAL SUPPLIES FOR A

TWELVE MONTH PERIOD.

The President called for any discussion.  There being no further discussion, a vote was called for and resulted as follows:

YEAS:              Fowler, Silver, Gibson, Villard, Johnson, Larvadain, Jones.

NAYS:             None.

ABSENT:        None.

The resolution was thereupon declared adopted on this the 11^th day of December, 2012.

ORDINANCES FOR FINAL ADOPTION

SUBJECT TO PUBLIC HEARING

The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Fowler and seconded by Mr. Villard, to wit:

                                       ORDINANCE NO.    232-2012

                         AN ORDINANCE AUTHORIZING THE MAYOR TO

                         ACCEPT THE LOW BID SUBMITTED FOR

                         OPERATING CHEMICALS FOR THE WASTEWATER

                         DEPARTMENT, AS REFLECTED BY BIDS RECEIVED

                         AND TO ENTER INTO CONTRACT FOR SAID

                         CHEMICALS AND OTHER MATTERS WITH

                         RESPECT THERETO.

                         The President called for any discussion.  There being no other discussion, a vote was called and the following recorded:

YEAS:              Fowler, Silver, LaSalle, Villard, Johnson, Larvadain, Jones.

NAYS:             None.

ABSENT:        None.

The ordinance was thereupon declared adopted on this the 11^th day of December, 2012.

                         The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr.  Villard and seconded by Mr. Johnson, to wit:

                                       ORDINANCE NO.    233-2012

                         AN ORDINANCE AUTHORIZING THE MAYOR TO

                         ACCEPT THE TWO LOWEST PROPOSALS FROM

                         AMERICAN INTERPLEX CORPORATION AND

                         ANA-LAB CORPORATION FOR ANALYTICAL

                         TESTING SERVICES FOR THE LAB TESTING

                         DEPARTMENT AND OTHER MATTERS WITH

                         RESPECT THERETO.

                         The President called for any discussion.  There being no other discussion, a vote was called and the following recorded:

YEAS:              Villard, Johnson, Larvadain, Jones, Fowler, Silver, LaSalle.

NAYS:             None.

ABSENT:        None.

The ordinance was thereupon declared adopted on this the 11^th day of December, 2012.

The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr.  Villard and seconded by Mr. LaSalle, to wit:

                                       ORDINANCE NO.    234-2012

                         AN ORDINANCE AUTHORIZING THE MAYOR TO

                         RENEW THE EXISTING CONTRACT WITH CBS

                         CLEANING SERVICE FOR JANITORIAL SERVICES

                         FOR THE CENTRAL LOUISIANA BUSINESS

                         INCUBATOR BUILDING FOR THE THIRD AND FINAL

                         RENEWAL CONTRACT PERIOD AND OTHER

                         MATTERS WITH RESPECT THERETO.

                         The President called for any discussion.  There being no other discussion, a vote was called and the following recorded:

YEAS:              Villard, Johnson, Larvadain, Fowler, Silver, LaSalle.

NAYS:             None.

ABSENT:        None.

ABSTAIN:      Jones.

The ordinance was thereupon declared adopted on this the 11^th day of December, 2012.

The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr.  Villard and seconded by Mr. Johnson, to wit:

                                       ORDINANCE NO.    235-2012

                         AN ORDINANCE REZONING PROPERTY LOCATED

                         AT 1744 LEVIN STREET AS REQUESTED BY

                         WALTER CROOKS, FROM “SF-2” SINGLE FAMILY

                         MODERATE DENSITY DISTRICT TO “C-1” LIMITED

                         COMMERCIAL DISTRICT TO ALLOW FOR

                         COMMERCIAL PARKING AND OTHER MATTERS

                         WITH RESPECT THERETO.

                         The President called for any discussion.  There being no other discussion, a vote was called and the following recorded:

YEAS:              Villard, Johnson, Larvadain, Jones, Fowler, Silver, LaSalle.

NAYS:             None.

ABSENT:        None.

The ordinance was thereupon declared adopted on this the 11^th day of December, 2012.

FINANCE AND LEGAL AFFAIRS COMMITTEE

The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Villard and seconded by Mr. Jones, to wit:

                                       ORDINANCE NO.    236-2012

                         AN ORDINANCE AUTHORIZING 2012-2013

                         MAJOR BUDGET AMENDMENT; TO PROVIDE

                         RELATIVE TO INCREASES, DECREASES AND

                         ADJUSTMENTS IN REVENUES, EXPENSES AND

                         BUDGET LINE ITEMS FOR THE GENERAL FUND,

                         UTILITY FUND, CAPITAL FUND AND OTHER

                         FUNDS INCLUDED AND INCORPORATED IN THE

                         CITY OF ALEXANDRIA 2012-2013 BUDGET; TO

                         AMEND THE ANNUAL BUDGET AND CAPITAL

                         BUDGET GENERALLY; AND TO FUND AND GRANT

                         A ONE-TIME PAY ADJUSTMENT AVAILABLE TO

                         ALL FULL TIME EMPLOYEES OF THE CITY WITH

                         MORE THAN ONE YEAR OF ACTIVE SERVICE; TO

                         PROVIDE WITH RESPECT TO THE MAJOR BUDGET

                         AMENDMENT AND OTHERWISE TO PROVIDE WITH

                         RESPECT THERETO.

                         The President called for any discussion.  The Finance and Legal Affairs committee recommended approval of this item. 

                         A motion was made by Ms. LaSalle and seconded by Mr. Larvadain to refer the above item back to the Finance and Legal Affairs committee for further discussion.

                         A substitute motion was made by Mr. Fowler and seconded by Mr. Jones to adopt the above ordinance.  Mr. Grant Schleuter of Foley & Judell was present to discuss this item with the Council members.  There was some discussion among council members.  There being no other discussion, a vote was called and the following recorded:

YEAS:              Fowler, Silver, Villard, Jones.

NAYS:             LaSalle, Johnson, Larvadain.

ABSENT:        None.

The substitute motion passes with 4 yeas, 3 nays and 0 absent.

The ordinance was thereupon declared adopted on this the 11^th day of December, 2012.

RESOLUTION

The following resolution was offered by Mr. Fowler and seconded by Mr. Jones:

                                                   RESOLUTION NO.   9129- 2012

A resolution giving preliminary approval to the issuance of not exceeding One Hundred Fifty Million Dollars ($150,000,000) of Utilities Revenue Bonds, in one or more series, of the City of Alexandria, State of Louisiana; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith; approving the use of such bonds to finance and implement the “Alexandria Utilities Sustainability Project” (“AUSP”); and in providing for all matters related thereto, including the authorization of the Mayor to sign all contracts, agreements, joint-action and cooperative endeavors, purchase agreements, for immovable and movable property, and design and construction agreements following the certification and other processes set forth, commenced or necessitated by previous legislation more particularly by Alexandria City Council Ordinance 64-2010 (and its requirement of a resource plan considering Alexandria’s self-sustainability goals as outlined in the Certification Process affirmed by Alexandria City Council Resolution No. 8760-2010) and more formally indicated and confirmed by the preliminary evaluations of the “Requests for Power Supply Proposals” (the “power RFP process”), issued May 10, 2012; and to authorize, implement and empower the formulation and execution by the Mayor of primary, balancing and ancillary agreements, contracts, and joint-venture and action endeavors, private and public ((including but not limited to all companies, firms, agencies, and potential companies involved with, related to, and necessary to carry out the AUSP and specifically but not limited to the Southwestern Power Administration (“SWPA”), Louisiana Energy and Power Authority (“LEPA”), Cleco Corporation, Entergy Louisiana and all parent, subsidiary and affiliate companies, Mid-West Independent System Operator (“MISO”) and/or Cleco Power LLC)), to evaluate, sell, buy, and implement the necessary component parts and activities for the future reliable and economical supply of capacity and energy to serve electric load requirements in either a supplemental or all requirements fashion and/or market power and including specifically the purchase of unit-contingent generation and generators, commensurate and required interests in common facilities, use, joint-use and service agreements therefore, and/or purchase of equity positions as described in the power RFP process and in particular the prevailing response; to authorize formulation and execution of a joint operating agreement; and for the purchase, design, and installation of additional generating assets equal to or just exceeding 90 MegaWatts such that Alexandria achieves an eventual plan total of 225 MW of net total dependable generating capacity; to authorize a project and bond defeasement strategy, if needed; and for the ability of the Mayor to award bond proceeds upon final certification, subject to the process of administrative verification outlined as part of the AUSP and all as adopted by an authorizing and companion ordinance; and all matters related thereto including authorization for Federal Energy Regulatory Commission (“FERC”) enforcement actions or any other civil or regulatory action including with the Louisiana Public Service Commission (“LPSC”) incident to implementation of the AUSP; and approval for reimbursement of all related costs, capital monies, and professional fees and services, and any other funds expended as incident thereto for AUSP-related expenditures to be paid with future bond proceeds. 

WHEREAS, the City of Alexandria, State of Louisiana (the “Issuer”) now owns and operates a combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Utilities System”); and

WHEREAS, pursuant to the provisions of Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), the Issuer desires to issue revenue bonds, in one or more series, for the purpose of constructing, acquiring, extending and/or improving the Utilities System of the Issuer (the “Project”); and

WHEREAS, the Issuer has no outstanding  bonds or other obligations of any kind or nature payable from or enjoying a lien on the revenues of the Utilities System herein pledged, except (i) the outstanding Utilities Revenue Refunding Bonds, Series 2003 (ii) the outstanding Utilities Revenue Bonds, Series 2004, (iii) the outstanding Utilities Revenue Bonds, Series 2010B, (iv)  the outstanding Utilities Revenue Bond (DHH), Series 2011 (v) the outstanding Utilities Revenue Bond (DHH), Series 2012A (vi) the outstanding Utilities Revenue Bond (DEQ), Series 2012B and (vii) when issued, Utilities Revenue Refunding Bonds, Series 2013 (collectivel­y, the “Outstanding Bonds”); and

WHEREAS, the Issuer desires to authorize the issuance of not exceeding One Hundred Fifty Million Dollars ($150,000,000) of its Utilities Revenue Bonds, in one or more series (the “Bonds”), pursuant to the Act, for the purpose of providing funding for the Project, and paying the costs of issuance of the Bonds.  The Bonds shall be payable from the income and revenues to be derived from the operation of the Utilities System of the Issuer, after provision has been made for payment therefrom of the reasonable expenses of administering, operating and maintaining the Utilities System; and

WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the issuance of the Bonds; and

WHEREAS, the Issuer makes the following findings relative to its Alexandria Utilities Sustainability Program:

• Currently, the City of Alexandria supply of electric energy in excess of that supplied by the D.G. Hunter Electric Generating Station, Rodemacher Unit 2, and SWPA purchases is under a partial requirements power agreement with Cleco Power LLC, which will expire May 31, 2015.

• Alexandria has been negotiating for base, intermediate, and peaking resource alternatives to fulfill Alexandria’s electric requirements, in part, beginning June 1, 2015, as well as considering renewal of and modification to its partial requirements wholesale agreement with CLECO Power LLC, weighing the advantages and risks associated with all scenarios. 

• In calendar year 2011, Alexandria had a peak demand of 186 MW and a total energy requirement of 803 GWh. 

• In 2015, Alexandria’s total projected capacity and energy requirement will be 194 MW and 846 GWh, respectively. 

• During the power RFP process, the considerations for Alexandria required all proposals to include delivery of power on a firm basis to the CLECO transmission system.

• Alexandria provides retail electric service to approximately 28,300 consumer accounts, including 24,300 residential accounts, 3,500 small commercial accounts, and 500 industrial or large commercial accounts.  Alexandria owns approximately 212 pole-miles of 12.5 kV distribution lines, 17 miles of 138 kV, and 1.25 miles of 230 kV in transmission lines. 

• Alexandria is located within the CLECO Balancing Authority on the CLECO transmission system and receives power and energy at two delivery points and operates seven distribution-level substations.

• First and foremost, the City of Alexandria seeks to provide Alexandria customers cost effective, efficient, and reliable electric energy resources for the next three (3) decades.  The view expressed by the AUSP is a long-term approach. 

• However, Alexandria recognizes other socio-political factors are relevant, such as relationships with local stakeholders and the desire to increase the strength of those stakeholders locally and extra-locally. 

• With the proper commitments from such stakeholders, Alexandria’s future should be tied to the success of such stakeholders.  For this reason, the approach outlined herein uses multiple decision points and inputs from various sources to involve community input in what is otherwise a highly technical economic decision.

• Second, Alexandria seeks to identify partners, both public and private, willing to work on a runway of similar aims as stakeholders and/or public and private partners.

• The principal decision-point aspects regarding the AUSP criteria and cost benefits used by Alexandria in evaluating proposals and its future needs include:

• Reliability of proposed power supply
• Availability of transmission service for delivery to Cleco’s transmission system
• Total delivered cost of power
• Financial viability of the partner, including its parent or any other guarantor of services under the partner’s proposal
• Generation type (i.e. coal, gas, hydro, etc.)
• Impact on diversification of Alexandria’s resource portfolios
• Cost of compliance with the environmental protection requirements of all applicable state and federal laws, rules and orders
• Minimization of the risks of future fuel cost changes
• Term length of partnering agreements.

• Alexandria already has committed considerable resources toward a self-sufficiency and sustainability plan, with the following criteria:

• Alexandria’s dependency on Cleco Corporation and Cleco Power LLC (collectively, “Cleco”), any other IOU, or the partners cannot increase by allocating risk across a wider spectrum in the absence of Alexandria-centered diversification and protection, unless Alexandria exits the utility market altogether in favor of a retail option.

• Alexandria should evaluate the efficacy of continuing to provide a substantial portion of its capacity.

• Transfer, sale, or decommissioning of D.G. Hunter Electric Generating Station  without an equal or greater alternate capacity resource is initially, but only presumptively, unacceptable for evaluation purposes.  For purposes of the power RFP, all models are on the table and evaluated equally.  D.G. Hunter, singularly, as an operating unit for upgrades is presumptively unacceptable.

• As relates to Alexandria resourcing, any resource additions preferably are constructed behind Alexandria’s “fence.”

• Alexandria’s expressed policy is to exit any joint action or equity arrangements or other partnership with a viable asset or viable set of generating assets, if such model makes more sense than and excludes other models principally described as continued wholesale or new retail approaches.

• With those criteria in mind, Alexandria weighed the relative cost-benefits of:

• (i) a sale of its generation assets;
• (ii) a “lease” of its generating assets and continuance of some wholesale arrangement;
• (iii) entry into a retail arrangement with franchise opportunity;
• (iv) any partners and/or Cleco entering into a longer-term wholesale power supply arrangement preserving settlement values achieved by resolution of recent litigation and attempting new values over a long term; and/or
• (v) Alexandria pursuing a self-sustainability model; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Alexandria, State of Louisiana (the “Issuer”), that:

SECTION 1.  Preliminary Approval of the Bonds. Preliminary approval is given to the issuance of not exceeding One Hundred Fifty Million Dollars ($150,000,000) aggregate principal amount of Utilities Revenue Bonds of the Issuer, in or more series (the “Bonds”), pursuant to Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, to be issued for the purpose of constructing, acquiring, extending and/or improving the Utilities System of the Issuer (the “Project”), and paying the costs of issuance of the Bonds. The Bonds, together with the Outstanding Bonds described in the preamble hereto, shall be payable from and secured by the income and revenues to be derived from the operation of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Utilities System”) of the Issuer, after provision has been made for payment therefrom of the reasonable expenses of administering, operating and maintaining the Utilities System. The Bonds shall bear interest at a rate or rates not to exceed six per centum (6%) per annum, to be determined by subsequent proceedings of this Governing Authority at the time of the sale of the Bonds, and  shall mature no later than 30 years from date of issuance. The Bonds shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than 97% of par, plus accrued interest, if any, and shall have such additional terms and provisions as may be determined by this Governing Authority.

SECTION 2.  State Bond Commission.  Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Issuer, together with a letter requesting the prompt consideration and approval of this applica­tion.  By virtue of applicant/issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION 3. Appointment of Investment Banker/Underwriter. Stephens Inc., of Baton Rouge, Louisiana (the “Underwriter”), is hereby appointed as investment banker/underwrit­er in connection with the issuance of the Bonds, any compensation to be subsequently approved by the Issuer and to be paid from the proceeds of the Bonds and contingent upon the issuance of the Bonds; provided that no compensation shall be due to said investment banker/underwrit­er unless the Bonds are sold and delivered.                                         

SECTION 4.  Employment of Bond Counsel.  This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, LLP, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bonds.  Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance thereof and shall furnish their opinions covering the legality of the issuance of the Bonds.  The fee of Bond Counsel for each series of said bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General’s fee guidelines for such bond counsel work in connection with the issuance of each such series of revenue bonds and based on the amount of said bonds actually issued, sold, delivered and paid for, plus “out-of-pocket” expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds.  That pursuant to instruc­tions from the Director of Finance, Bond Counsel shall cause to be prepared an official statement with respect to the sale of the Bonds and the costs of the preparation and printing of said official statement, as approved by the State Bond Commission, shall be paid from the proceeds of the issue for which it has been prepared.  Said Official Statement may be submitted to one or more of the nationally recognized bond rating service or services, together with a request that an appropriate rating be assigned.  Payment for all ratings shall be made by the Director of Finance upon presentation of appropriate statements from the particular rating service furnishing the ratings.  A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Director of Finance is hereby empowered and directed to issue vouchers in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerate­d.

SECTION 5.   Formal Adoption of the “Alexandria Utility Sustainability Project” (“AUSP”). In accordance with the recommendations of GDS & Associates and Zachry Engineering, the City of Alexandria, and the findings of the Issuer as listed in the recitals, the formal plan of action is adopted to include the following, if and only if final verification and certification is accomplished as provided herein:

A.

The Verification and Certification Plan.

                        The City of Alexandria shall submit final verification of the power RFP process responses to the Alexandria City Council, as certified by the respondents and as compared by the City’s expert consultants and personnel.  The process shall include:

• Verification that values are commensurate with claims by respondents.
• A certification by the Administration it has reviewed these verified values and cannot, with any additional diligence, negate the findings.  An owner’s representative engineer’s report shall accompany this certification.
• Upon certification of the verified values and the enactment of the accompanying and companion Ordinance under substantially the same title, the Administration may proceed with all matters of the AUSP without further legislation; this certification therefore contemplates that the Alexandria City Council shall enact the required ordinances to effectuate the plan, and the City specifically relies upon the accompanying Ordinance as authority for such action noting that adoption of the AUSP and a failure to fund the AUSP will place the City of Alexandria in a materially compromised position and create a gross competitive disadvantage in power supply protection.
• The Verification and Certification Plan (the “Plan”) shall be a condition precedent to the effectiveness of the accompanying Ordinance, No. ___-2012, and the Plan shall not take effect if the Alexandria City Council enacts and sustains an ordinance rescinding Ordinance No, ___-2012, even after passage of the companion Ordinance.
• The Plan certifications shall cover, at minimum, an independent verifiable assessment for the Alexandria City Council of the:

• Reliability of proposed power supply
• Availability of transmission service for delivery to Cleco’s transmission system
• Total delivered cost of power
• Financial viability of the partner, including its parent or any other guarantor of services under the partner’s proposal
• Generation type (i.e. coal, gas, hydro, etc.)
• Impact on diversification of Alexandria’s resource portfolios
• Cost of compliance with the environmental protection requirements of all applicable state and federal laws, rules and orders
• Minimization of the risks of future fuel cost changes
• Term length of partnering agreements that satisfies Alexandria’s needs in long term fashion.

B.

The Secondary Review Plan (the CURE “Escape Hatch”).

The Verification and Certification Plan is understood to require certain action be on track while certification takes place.  In order to protect the City from variances in values or changing risk, there is an additional safeguard employed at the beginning of the process and end of the process:

• Prior to completion of the Verification and Certification Plan, the Commission on Utility Reform and Equity shall formally make a recommendation to the Alexandria City Council.  If the recommendation is qualified, the reasons therefor shall be detailed with sufficiency for review and risk assessment, and the Commission shall nonetheless render a recommendation.
• If the Commission does not make a recommendation, then the Verification and Certification Plan shall be considered without positive finding and the Ordinance No ___-2012 shall have no effect at law.
• After completion of all acts necessary to bond for the AUSP, the Commission on Utility Reform and Equity shall again formally make a clear recommendation to the Alexandria City Council.  If the recommendation is qualified, the reasons therefor shall be detailed with sufficiency for review and risk assessment, and the Commission shall nonetheless render an unequivocal, final recommendation by majority vote.
• If the Commission does not make the second and final recommendation, then the AUSP shall be considered without positive finding and the Ordinance No ___-2012 shall have no effect at law.

C.

The Alexandria Utility Sustainability Project.

                        The City of Alexandria adopts herein a plan to sustain its needs for power by a partnership or arrangement for the construction of new generation facilities and equity and joint service and action agreements to meet the following needs:

Historical and Forecasted Requirements

In calendar year 2011, Alexandria had a peak demand of 186 MW and a total energy requirement of 803 GWh.  Historical and projected peak demands and energy requirements (measured at the meter) are provided:

1. NCP demand represents Alexandria’s individual system peak

Total Delivered Cost of Power

The total cost of power delivered to Alexandria, taking into account any additional costs required for Alexandria to utilize the power supply resource(s), including losses, imbalance charges, reserve capacity charges, transmission charges (including ancillary services), and the costs of any other services provided shall be certified after verification exceeding in value and without unacceptable risk all Alexandria’s alternatives.

The certification after verification the AUSP plan exceeds in value and without unacceptable risk all Alexandria’s alternatives shall consider the total price of power seeking the most fixed prices or price caps on capacity and/or energy price components. 

Respondents should separately identify and specify any costs included for transmission and/or interconnection facilities necessary to deliver power and energy to Alexandria.  Alexandria will evaluate each proposal to determine if modifications to their distribution systems are necessary to receive delivery of power and energy under a proposal. Such additional costs will be included in the Alexandria’s overall evaluation of the proposal.

Winning Proposer Scenario Constituting the AUSP

The total cost of power delivered to Alexandria, taking into account any additional upgrades and infrastructure shall not exceed the budgeted $150,000,000, all inclusive, and shall not create a new wholesale power supply arrangement, combined cycle plant, or repower of D.G. Hunter Electric Generating Station, but shall instead create natural gas reciprocating engine driven generation coupled with equity shares with a proven and viable partner meeting the timeline for online delivery prior to May 31, 2015.

SECTION 6.   Declaration of Official Intent. In accordance with the provisions of Section 1.150-1(b) of the United States Treasury Regulations, this Council hereby declares its intention that expenditures to be made from general fund or other available revenues  in connection with the Project prior to the availability of the proceeds of a tax-exempt borrowing in the approximate amounts set forth in the preamble hereto be reimbursed with the proceeds of such borrowing.  Any such allocation of proceeds of a tax- exempt borrowing for reimbursement will be with respect to capital expendi­tures (as defined in Reg. 1.150-1(b)) and will be made upon the delivery of the tax-exempt obligations and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the Project was placed in service.  This resolution is intended to be a declaration of official intent within the meaning of Reg. 1.150-2.

This resolution having been submitted to a vote, the vote thereon was as follows:

MEMBERS:                                       YEAS:       NAYS:      ABSENT:       ABSTAINING:

Jim Villard                                               X           _____           _____              _____

Roosevelt L. Johnson                                           __X___           _____           _____

Ed Larvadain, III                                                   __X___                                _____

Mitzi LaSalle                                                        __X___                                _____

Jerry W. Jones, Jr.                                        X                 _____                                              _____

Harry B. Silver                                         X          _____           _____              _____                                

Charles L. "Chuck" Fowler, Jr.                 X         _____           _____              _____

And the resolution was declared adopted on this, the 11^th day of December, 2012.

/S/  NANCY L. THIELS                                                 /S/  HARRY B. SILVER

                            City Clerk                                                                    President

                         At this time, the Mayor asked that the Council reconsider item number 14 on this agenda.  He asked that the Council reconsider this item and amend major budget amendment as recommended by committee to amend and incorporate a one time pay adjustment of $2,500 for employees subject to qualifications, ordinance to be effective on the Mayor’s signature, subject to approval by the Legal Division from the Attorney General’s opinion.  It was moved by Ms. LaSalle and seconded by Mr. Jones. There was a unanimous vote taken.

ORDINANCES FOR INTRODUCTION

                         On motion of Mr. Fowler, seconded by Mr. Villard, the following ordinance was introduced:

AN ORDINANCE IMPLEMENTING THE PLAN AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY APPROVING DOCUMENTS, AGREEMENTS, CONTRACTS, AND ENDEAVORS FOR THE ISSUANCE OF BONDED INDEBTEDNESS AND SALE OF SUCH BONDS NOT EXCEEDING ONE HUNDRED FIFTY MILLION DOLLARS ($150,000,000) OF UTILITIES REVENUE BONDS, IN ONE OR MORE SERIES, OF THE CITY OF ALEXANDRIA, STATE OF LOUISIANA; PROVIDING CERTAIN TERMS OF SAID BONDS; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR APPROVAL OF SAID BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH; APPROVING THE USE OF SUCH BONDS TO FINANCE AND IMPLEMENT THE “ALEXANDRIA UTILITIES SUSTAINABILITY PROJECT” (“AUSP”); AND IN PROVIDING FOR ALL MATTERS RELATED THERETO, INCLUDING THE AUTHORIZATION OF THE MAYOR TO SIGN ALL CONTRACTS, AGREEMENTS, JOINT-ACTION AND COOPERATIVE ENDEAVORS, PURCHASE AGREEMENTS, FOR IMMOVABLE AND MOVABLE PROPERTY, AND DESIGN AND CONSTRUCTION AGREEMENTS FOLLOWING THE CERTIFICATION AND OTHER PROCESSES SET FORTH HEREIN AND AS PROVIDED BY THE COMPANION RESOLUTION OF SIMILAR OBJECT AND TITLE, COMMENCED OR NECESSITATED BY PREVIOUS LEGISLATION MORE PARTICULARLY BY ALEXANDRIA CITY COUNCIL ORDINANCE 64-2010 (AND ITS REQUIREMENT OF A RESOURCE PLAN CONSIDERING ALEXANDRIA’S SELF-SUSTAINABILITY GOALS AS OUTLINED IN THE CERTIFICATION PROCESS AFFIRMED BY ALEXANDRIA CITY COUNCIL RESOLUTION NO. 8760-2010) AND MORE FORMALLY INDICATED AND CONFIRMED BY THE PRELIMINARY EVALUATIONS OF THE “REQUESTS FOR POWER SUPPLY PROPOSALS” (THE “POWER RFP PROCESS”), ISSUED MAY 10, 2012; AND TO AUTHORIZE, IMPLEMENT AND EMPOWER THE FORMULATION AND EXECUTION BY THE MAYOR OF PRIMARY, BALANCING AND ANCILLARY AGREEMENTS, CONTRACTS, AND JOINT-VENTURE AND ACTION ENDEAVORS, PRIVATE AND PUBLIC ((INCLUDING BUT NOT LIMITED TO ALL COMPANIES, FIRMS, AGENCIES, AND POTENTIAL COMPANIES INVOLVED WITH, RELATED TO, AND NECESSARY TO CARRY OUT THE AUSP AND SPECIFICALLY BUT NOT LIMITED TO THE SOUTHWESTERN POWER ADMINISTRATION (“SWPA”), LOUISIANA ENERGY AND POWER AUTHORITY (“LEPA”), CLECO CORPORATION, ENTERGY LOUISIANA AND ALL PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, MID-WEST INDEPENDENT SYSTEM OPERATOR (“MISS”) AND/OR CLECO POWER LLC)), TO EVALUATE, SELL, BUY, AND IMPLEMENT THE NECESSARY COMPONENT PARTS AND ACTIVITIES FOR THE FUTURE RELIABLE AND ECONOMICAL SUPPLY OF CAPACITY AND ENERGY TO SERVE ELECTRIC LOAD REQUIREMENTS IN EITHER A SUPPLEMENTAL OR ALL REQUIREMENTS FASHION AND/OR MARKET POWER AND INCLUDING SPECIFICALLY THE PURCHASE OF UNIT-CONTINGENT GENERATION AND GENERATORS, COMMENSURATE AND REQUIRED INTERESTS IN COMMON FACILITIES, USE, JOINT-USE AND SERVICE AGREEMENTS THEREFORE, AND/OR PURCHASE OF EQUITY POSITIONS AS DESCRIBED IN THE POWER RFP PROCESS AND IN PARTICULAR THE PREVAILING RESPONSE; TO AUTHORIZE FORMULATION AND EXECUTION OF A JOINT OPERATING AGREEMENT; AND FOR THE PURCHASE, DESIGN, AND INSTALLATION OF ADDITIONAL GENERATING ASSETS EQUAL TO OR JUST EXCEEDING 90 MEGAWATTS SUCH THAT ALEXANDRIA ACHIEVES AN EVENTUAL PLAN TOTAL OF 225 MW OF NET TOTAL DEPENDABLE GENERATING CAPACITY; TO AUTHORIZE A PROJECT AND BOND DEFEASEMENT STRATEGY, IF NEEDED; AND FOR THE ABILITY OF THE MAYOR TO AWARD BOND PROCEEDS UPON FINAL CERTIFICATION, SUBJECT TO THE PROCESS OF ADMINISTRATIVE VERIFICATION OUTLINED AS PART OF THE AUSP AND ALL AS ADOPTED BY THE COMPANION RESOLUTION; AND ALL MATTERS RELATED THERETO INCLUDING AUTHORIZATION FOR FEDERAL ENERGY REGULATORY COMMISSION (“FERC”) ENFORCEMENT ACTIONS OR ANY OTHER CIVIL OR REGULATORY ACTION INCLUDING WITH THE LOUISIANA PUBLIC SERVICE COMMISSION (“LPSC”) INCIDENT TO IMPLEMENTATION OF THE AUSP; AND APPROVAL FOR REIMBURSEMENT OF ALL RELATED COSTS, CAPITAL MONIES, AND PROFESSIONAL FEES AND SERVICES, AND ANY OTHER FUNDS EXPENDED AS INCIDENT THERETO FOR AUSP-RELATED EXPENDITURES TO BE PAID WITH FUTURE BOND PROCEEDS; AND TO EXPEND CURRENT FUNDS THAT ARE REIMBURSABLE OR RELATED TO THE IMPLEMENTATION OF THE AUSP FROM THE UTILITY FUNDS OF THE CITY.

         The above item was referred to the Finance and Legal Affairs committee.

On motion of Mr. Fowler, seconded by Ms. LaSalle, the following ordinance was introduced:

AN ORDINANCE AMENDING 2012-2013 OPERATING

BUDGET TO FUND AND GRANT A ONE-TIME PAY

ADJUSTMENT AND OTHER MATTERS WITH RESPECT

THERETO.

AUDIT REPORT

         Mr. James Ballard of Payne, Moore & Herrington, auditors was present to present the audit report to the Council.  This item was heard in Finance and Legal Affairs committee and was recommended for approval. 

COMMITTEES

                         Ms. Whitney Usury with Stephens was present at the meeting.

                         There were no reports from the Finance and Legal Affairs, Utility, Personnel, Public Safety, Works and Transportation, Economic, Workforce & Planning, Property and Zoning, Community Affairs, Services & Events and A & E Selection committees.

                         There was a resolution submitted by the Council to be presented to the family of former Mayor Carroll E. Lanier.

                         Mr. Jones of District 3 council member asked to be recognized and stated that he enjoyed his time on the council representing district 3.  He wished everyone well and thanked the council members and the Mayor for voting him into this position last year. 

                         Mr. Fowler, Chairman of the Finance and Legal Affairs committee reported the following items:

The following resolution was offered by Mr. Villard and seconded by Ms. LaSalle:

                                                    RESOLUTION NO. 9130-2012

A resolution giving preliminary approval to the issuance of not exceeding Twenty Six Million Dollars ($26,000,000) of Utilities Revenue Refunding Bonds, in one or more series, of the City of Alexandria, State of Louisiana; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith.

WHEREAS, pursuant to the provisions of Section 1430 and Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, the City of Alexandria, State of Louisiana (the "Issuer") has heretofore issued $35,000,000 of Utilities Revenue Bonds, Series 2004, dated January 1, 2004 (the "Series 2004 Bonds"); and

WHEREAS, in order to provide debt service savings to the Issuer, the Issuer desires to refund all or any portion of the Series 2004 Bonds pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the "Act"), through the issuance of its refunding bonds; and

WHEREAS, the Issuer now owns and operates a combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the "Utilities System"); and

WHEREAS, the Issuer has no outstanding  bonds or other obligations of any kind or nature payable from or enjoying a lien on the revenues of the Utilities System herein pledged, except (i)  the outstanding Utilities Revenue Refunding Bonds, Series 2003 (ii) the unrefunded maturities of the Utilities Revenue Bonds, Series 2004, (iii) the outstanding Utilities Revenue Bonds, Series 2010B, (iv)  the outstanding Utilities Revenue Bond (DHH), Series 2011 (v) the outstanding Utilities Revenue Bond (DHH), Series 2012A and (vi) the outstanding Utilities Revenue Bond (DEQ), Series 2012B (collectivel­y, the "Outstanding Bonds"); and

WHEREAS, the City of Alexandria, State of Louisiana (the "Issuer") desires to accomplish the refunding by authorizing the issuance of not exceeding Twenty Six Million Dollars ($26,000,000) of its Utilities Revenue Refunding Bonds, in one or more tax-exempt or taxable series (the "Bonds"), pursuant to the Act, for the purpose of refunding all or any portion of the Issuer=s outstanding Utilities Revenue Bonds, Series 2004, and paying the costs of issuance of the Bonds, said Bonds to be payable from the income and revenues to be derived from the operation of the Utilities System of the Issuer, to mature no later than May 1, 2033, and to bear interest at a rate or rates not to exceed five per centum (5%) per annum; and

WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the issuance of the Bonds;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Alexandria, State of Louisiana (the "Issuer"), that:

SECTION 1.  Preliminary Approval of the Bonds. Preliminary approval is given to the issuance of not exceeding Twenty Six Million Dollars ($26,000,000) aggregate principal amount of Utilities Revenue Refunding Bonds of the Issuer, in or more series (the "Bonds"), pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, to be issued for the purpose of refunding all or any portion of the Issuer=s outstanding Utilities Revenue Bonds, Series 2004, and paying the costs of issuance of the Bonds. The Bonds, together with the Outstanding Bonds described in the preamble hereto, shall be payable from and secured by the income and revenues to be derived from the operation of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the "Utilities System") of the Issuer, after provisions have been made for payment therefrom of the reasonable expenses of administering, operating and maintaining the Utilities System. The Bonds shall bear interest at a rate or rates not to exceed five per centum (5%) per annum, to be determined by subsequent proceedings of this Governing Authority at the time of the sale of the Bonds, and shall mature in annual installments due no later than May 1, 2033. The Bonds shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than 97% of par, plus accrued interest, if any, and shall have such additional terms and provisions as may be determined by this Governing Authority.

SECTION 2.  State Bond Commission.  Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Issuer, together with a letter requesting the prompt consideration and approval of this applica­tion.  By virtue of applicant/issuer=s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission=s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.", adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION 3. Appointment of Investment Banker/Underwriter. Stephens Inc., of Baton Rouge, Louisiana (the "Underwriter"), is hereby appointed as investment banker/underwrit­er in connection with refunding the Series 2004 Bonds, any compensation to be subsequently approved by the Issuer and to be paid from the proceeds of the Bonds and contingent upon the issuance of the Bonds; provided that no compensation shall be due to said investment banker/underwrit­er unless the Bonds are sold and delivered.                                         

SECTION 4.  Employment of Bond Counsel.  This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, LLP, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bonds.  Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance thereof and shall furnish their opinions covering the legality of the issuance of the Bonds.  The fee of Bond Counsel for each series of said bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General's fee guidelines for such bond counsel work in connection with the issuance of each such series of revenue bonds and based on the amount of said bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds.  That pursuant to instruc­tions from the Director of Finance, Bond Counsel shall cause to be prepared an official statement with respect to the sale of the Bonds and the costs of the preparation and printing of said official statement, as approved by the State Bond Commission, shall be paid from the proceeds of the issue for which it has been prepared.  Said Official Statement may be submitted to one or more of the nationally recognized bond rating service or services, together with a request that an appropriate rating be assigned.  Payment for all ratings shall be made by the Director of Finance upon presentation of appropriate statements from the particular rating service furnishing the ratings.  A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Director of Finance is hereby empowered and directed to issue vouchers in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerate­d.

This resolution having been submitted to a vote, the vote thereon was as follows:

MEMBERS:                                       YEAS:       NAYS:      ABSENT:       ABSTAINING:

Jim Villard                                               X           _____           _____              _____

Roosevelt L. Johnson                             X           _____           _____              _____

Ed Larvadain, III                                     X           _____                                   _____

Mitzi LaSalle                                          X           _____                                   _____

Jerry W. Jones, Jr.                                  X           _____                                   _____

Harry B. Silver                                        X           _____           _____                       

Charles L. "Chuck" Fowler, Jr.               X           _____           _____              _____

And the resolution was declared adopted on this, the 11^th day of December, 2012.

                     /s/ Nancy L. Thiels                                                         /s/ Harry Silver                       

                            City Clerk                                                                    President