Council Meeting Minutes - 2013-01-08
Document Date:
Tuesday, January 8, 2013
Regular Session
PROCEEDINGS OF THE COUNCIL OF THE CITY OF ALEXANDRIA, LOUISIANA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD JANUARY 8, 2013.
(It was noted for the record that the Finance and Legal Affairs committee held this day was recessed to go into this meeting scheduled for 5:00 P.M., in order to continue discussion regarding electric energy policy and planning; and to continue discussion of an ordinance regarding bonding for utility upgrades and the Alexandria Utility Sustainability Project was adjourned at a later time)
The Council of the City of Alexandria, Louisiana, met in a regular meeting session at its regular meeting place, on Tuesday, January 8, 2013 at 5:00 P.M. There were present the Honorable Ed Larvadain, III, Harry B. Silver, James “Jim” Villard, Chuck Fowler, Mitzi LaSalle, Jules Green and Lee Rubin. Also present were members of the Council staff, the Legal Division, Mayor Jacques Roy, 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 Chuck Fowler, 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 Jules Green.
Mr. President called on Mr. Grant Schleuter of Foley & Judell who spoke on item number 22 on this agenda. He explained the importance of this item to the Council. The following action was taken.
The following ordinance which was previously introduced at a regular meeting of the Council of the City of Alexandria, State of Louisiana, on December 11, 2012, and laid over for publication of notice, was brought up for final passage on motion made by Ms. LaSalle and seconded by Mr. Silver:
BOND ORDINANCE NO. 8-2013
AN ORDINANCE AUTHORIZING THE SALE 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; PROVIDED
THE SALE OF EACH SERIES OF SAID BONDS PROVIDES
MINIMUM NET PRESENT VALUE SAVINGS (AFTER
PAYMENT OF ALL COSTS) OF NOT LESS THAN 3% OF
THE PRINCIPAL AMOUNT OF THE UTILTIES REVENUE
BONDS, SERIES 2004 BEING REFUNDED.
WHEREAS, the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the City of Alexandria, State of Louisiana (the “Issuer”), adopted on December 11, 2012, a resolution giving preliminary approval to the issuance of not to exceed $26,000,000 of Utilities Revenue Refunding Bonds of the Issuer (the “Bonds”); and
WHEREAS, this City Council now desires to provide for the sale of said bonds provided that the sale of the Bonds produces minimum net present value savings (after payment of all costs) of not less than 3% of the principal amount of the Utilities Revenue Bonds, Series 2004 being refunded; and,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of said City, that:
SECTION 1. Sale of Bonds. The bonds are hereby authorized to be sold to the Underwriter (as provided for in said resolution of December 11, 2012), and the Mayor is hereby authorized to execute a Bond Purchase Agreement with the Underwriter, in form and substance satisfactory to Bond Counsel, provided the sale of each series of the Bonds produces minimum net present value savings (after payment of all costs) of not less than 3% of the principal amount of the Utilities Revenue Bonds, Series 2004 being refunded.
SECTION 2. Effective Date. This Bond Ordinance shall become effective immediately.
SECTION 3. Severability. If any section, clause, paragraph, provision or portion of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of this ordinance, the City Council hereby expresses and declares that it would have adopted the remaining portion of this Ordinance with the invalid portions omitted.
THIS ORDINANCE was introduced on the 11th day of December, 2012.
NOTICE PUBLISHED on the 14th day of December, 2012.
This ordinance having been submitted in writing, introduced, notice published, having been read and adopted at a public meeting of the Council, was then submitted to an official vote as a whole, the vote thereon being as follows:
YEAS: LaSalle, Villard, Green, Larvadain, Rubin, Silver, Fowler.
NAYS: None.
ABSENT: None.
ABSTAINING: None.
And the ordinance was declared adopted on this, the 8th day of January, 2013, and final publication was made in the “Alexandria Daily town Talk” on the 11th day of January, 2013.
/S/ NANCY L. THIELS /S/ CHARLES “CHUCK” FOWLER, JR.
CITY CLERK PRESIDENT
/S/ JACQUES ROY
MAYOR’S APPROVAL/VETO
Mr. Schleuter also explained item number 23 to the Council, but no action was taken at this time. The action and vote was taken later on in the meeting after more discussion.
CONSENT CALENDAR
The Council next read all items found under the heading Consent Calendar and assigned them to committees.
Mr. Silver moved for the adoption or introduction of all items appearing under the heading of Consent Calendar.
Mr. Silver moved that the Clerk be instructed to set each consent item out in the minutes separately to reflect the proper movers and votes.
Ms. LaSalle seconded the motion. It was unanimously carried by the Council.
On motion of Mr. Silver, seconded by Ms. LaSalle, the minutes taken from a regular meeting which was held December 11, 2012 and a special meeting which was held December 19, 2012 were unanimously approved by the Council.
Bids were received for electric meters for a twelve month period.
Name of Bidders
BSI
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Silver, seconded by Ms. LaSalle, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
ELECTRIC METERS FOR A TWELVE MONTH
PERIOD, AS REFLECTED BY BIDS RECEIVED
AND TO ENTER INTO CONTRACT FOR SAID
METERS AND OTHER MATTERS WITH
RESPECT THERETO.
Bids were received for annual fuel solicitation for use by Motor Pool and the golf course.
Name of Bidders
Petroleum Traders Corporation
Rachel Oil Company
Lott Oil Company
McCartney Oil
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Silver, seconded by Ms. LaSalle, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
ANNUAL FUEL SOLICITATION FOR USE BY
MOTOR POOL AND THE GOLF COURSE, AS
REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID FUEL
AND OTHER MATTERS WITH RESPECT THERETO.
Bids were received for gas meters for a twelve month period.
Name of Bidders
EGW Utilities
United Systems
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Silver, seconded by Ms. LaSalle, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
GAS METERS FOR A TWELVE MONTH PERIOD,
AS REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID METERS
AND OTHER MATTERS WITH RESPECT THERETO.
Bids were received for outdoor electric power center & 15 KV metal clad switchgear for Sterkx Road substation.
Name of Bidders Amt. of Bid
Central Electric Manufacturing $457,965.00
Automation Control Company $623,198.00 – 17,680
Schneider Electric $439,000.00
Electric Equipment $609,670.00
Eaton $494,499.00 or $503,032.00
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Silver, seconded by Ms. LaSalle, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
OUTDOOR ELECTRIC POWER CENTER & 15 kv
METAL CLAD SWITCHGEAR FOR STERKX ROAD
SUBSTATION, AS REFLECTED BY BIDS RECEIVED
AND TO ENTER INTO CONTRACT FOR SAID
SWITCHGEAR AND OTHER MATTERS WITH
RESPECT THERETO.
Bids were received for water meters for a twelve month period.
Name of Bidders
Southern Pipe & Supply
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Silver, seconded by Ms. LaSalle, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
WATER METERS FOR A TWELVE MONTH
PERIOD, AS REFLECTED BY BIDS RECEIVED
AND TO ENTER INTO CONTRACT FOR SAID
METERS AND OTHER MATTERS WITH
RESPECT THERETO.
On motion of Mr. Silver and seconded by Ms. LaSalle, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE CITY
ATTORNEY TO SETTLE THE CLAIM OF
CRAIG DAVIDSON FOR LEGAL SERVICES
RENDERED BY HIS ATTORNEY IN CIVIL
ACTION NO. CV05-1121A, CITY OF ALEXANDRIA
VS. CLECO CORPORATION, ET AL PENDING
IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF LOUISIANA AND
OTHER MATTERS WITH RESPECT THERETO.
The above item was referred to the Finance and Legal Affairs committee.
On motion of Mr. Silver and seconded by Ms. LaSalle, the following ordinance was introduced:
AN ORDINANCE AMENDING 2012-2013
CAPITAL BUDGET CHANGING FUNDING
SOURCES FOR CERTAIN PROJECTS AND
OTHER MATTERS WITH RESPECT THERETO.
The above item was referred to the Finance and Legal Affairs committee.
On motion of Mr. Silver and seconded by Ms. LaSalle, the following ordinance was introduced:
AN ORDINANCE AMENDING 2012-2013
OPERATING BUDGET FOR A HOMELAND
SECURITY GRANT FOR ALEXANDRIA
POLICE AND OTHER MATTERS WITH
RESPECT THERETO.
The above item was referred to the Finance and Legal Affairs committee.
On motion of Mr. Silver and seconded by Ms. LaSalle, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE EXECUTION
OF ALL DOCUMENTS NECESSARY TO REGISTER
THE CITY AS A MARKET PARTICIPANT OF THE
MIDWEST INDEPENDENT SYSTEM OPERATOR
(MISO)
The above item was referred to the Utility committee.
Mr. Silver moved for the adoption of the following resolution which was seconded by Ms. LaSalle, to wit:
RESOLUTION NO. 9133-2013
A RESOLUTION APPOINTING COREY LAIR
AND JAMES WHITTLE TO SERVE ON THE
ALEXANDRIA PORT AUTHORITY BOARD.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Fowler, LaSalle, Villard, Green, Larvadain, Rubin.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 8th day of January, 2013.
Mr. Silver moved for the adoption of the following resolution which was seconded by Ms. LaSalle, to wit:
RESOLUTION NO. 9134-2013
A RESOLUTION CONFIRMING CURMAN GAINES
AND ROBERT SAVAGE TO SERVE ON THE
ADVISORY BOARD OF THE CENTRAL LA
BUSINESS INCUBATOR TO REPLACE TWO
PEOPLE THAT HAVE RESIGNED.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Fowler, LaSalle, Villard, Green, Larvadain, Rubin.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 8th day of January, 2013.
Mr. Silver moved for the adoption of the following resolution which was seconded by Ms. LaSalle, to wit:
RESOLUTION NO. 9135-2013
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR AN ANNUAL CONTRACT FOR
CONSTRUCTION & MAINTENANCE MATERIALS.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Fowler, LaSalle, Villard, Green, Larvadain, Rubin.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 8th day of January, 2013.
Mr. Silver moved for the adoption of the following resolution which was seconded by Ms. LaSalle, to wit:
RESOLUTION NO. 9136-2013
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR OVERHEAD ELECTRIC
CONSTRUCTION AT UNIT PRICES.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Fowler, LaSalle, Villard, Green, Larvadain, Rubin.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 8th day of January, 2013.
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. Villard and seconded by Ms. LaSalle, to wit:
ORDINANCE NO. 1-2013
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
RENOVATIONS TO ELEVATORS AT CITY
HALL, AS REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID RENOVATIONS
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, Green, Larvadain, Rubin, Silver, Fowler, LaSalle.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
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. Silver and seconded by Mr. Villard, to wit:
ORDINANCE NO. 2-2013
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
RENOVATIONS TO ELEVATORS AT CUSTOMER
SERVICE CENTER, AS REFLECTED BY BIDS
RECEIVED AND TO ENTER INTO CONTRACT
FOR SAID RENOVATIONS 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: Silver, Fowler, LaSalle, Villard, Green, Larvadain, Rubin.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
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 Ms. LaSalle and seconded by Mr. Villard, to wit:
ORDINANCE NO. 3-2013
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 REVISIONS, 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: LaSalle, Villard, Green, Larvadain, Rubin Silver, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
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. Green, to wit:
ORDINANCE NO. 4-2013
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.
The President called for any discussion. Mr. Villard, Chairman of the A & E Selection committee stated that the committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Villard, Green, Larvadain, Rubin, Silver, Fowler, LaSalle.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
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 Ms. LaSalle and seconded by Mr. Green, to wit:
ORDINANCE NO. 5-2013
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.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: LaSalle, Villard, Green, Larvadain, Rubin, Silver, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
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 Ms. LaSalle and seconded by Mr. Villard, to wit:
ORDINANCE NO. 6-2013
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.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: LaSalle, Villard, Green, Larvadain, Rubin Silver, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
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 Ms. LaSalle and seconded by Mr. Green, to wit:
ORDINANCE NO. 7-2013
AN ORDINANCE AMENDING 2012-2013
OPERATING BUDGET TO FUND AND GRANT
A ONE-TIME PAY ADJUSTMENT AND OTHER
MATTERS WITH RESPECT THERETO.
The President called for any discussion. The Mayor explained this item to the Council in detail concerning the $2,500 allotment for all city employees and the status of the opinion from the Attorney General’s Office. There being no other discussion, a vote was called and the following recorded:
YEAS: LaSalle, Villard, Green, Larvadain, Rubin Silver, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 8th day of January, 2013.
RESOLUTIONS
Mr. Villard moved for the adoption of the following resolution which was seconded by Ms. LaSalle, to wit:
RESOLUTION NO. 9137-2013
A RESOLUTION MUTUALLY AGREEING TO
EXTEND THE DEADLIINE FOR THE AWARD
OF THE PUBLIC BID OF THE RE-ROOFING
OF THE ALEXANDER FULTON HOTEL AND
CONVENTION CENTER.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Villard, Green, Larvadain, Rubin, Silver, Fowler, LaSalle.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 8th day of January, 2013.
Mr. Villard moved for the adoption of the following resolution which was seconded by Ms. LaSalle, to wit:
RESOLUTION NO. 9138-2013
A RESOLUTION AUTHORIZING THE CITY TO
CO-SPONSOR THE MARTIN LUTHER KING
CELEBRATION.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Villard, Green, Larvadain, Rubin, Silver, Fowler, LaSalle.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 8th day of January, 2013.
COMMITTEES
There were no reports from the Finance and Legal Affairs, Utility, Personnel/Insurance, Public Safety, Works and Transportation, Economic, Workforce, Planning Development, Community Affairs, Services and Events, Property & Zoning committee and A & E Selection committees.
(At this time, the Regular Council meeting was recessed at 5:30 PM to go back to the Finance & Legal Affairs committee to continue discussion regarding electric energy policy and planning and an ordinance regarding bonding for utility upgrades and the Alexandria Utility Sustainability Project.) There was a 5-minute break taken.
A roll call vote was asked to be taken.
PRESENT: LaSalle, Villard, Green, Larvadain, Rubin, Silver, Fowler.
ABSENT: None.
There was a quorum present.
There was more discussion on the above item and a question and answer session was held. At this time, the committee accepted a motion by Ms. LaSalle and a second by Mr. Rubin to recommend to the full Council the approval of this item and ordinance. Therefore, the committee was adjourned.
The Council went back into the Regular Council meeting.
The following ordinance which was previously introduced at a regular meeting of the Council of the City of Alexandria, State of Louisiana, on December 11, 2012, and laid over for publication of notice, was brought up for final passage on motion made by Mr. Villard and seconded by Mr. Silver:
ORDINANCE NO. 9- 2013
AN ORDINANCE RELATIVE TO THE "ALEXANDRIA UTILITIES SUSTAINABILITY PROJECT" ("AUSP") TO IMPLEMENT THE PLAN AND AUTHORIZE BONDED INDEBTEDNESS NECESSARY TO FUND THE PROJECT ENDEAVOR AND RELATED EXPENSES; AUTHORIZING THE CITY'S APPLICATION TO THE STATE BOND COMMISSION FOR APPROVAL OF THE ISSUANCE OF BONDS AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH; AUTHORIZING CONTRACTS WITH BOND UNDERWRITERS AND BOND COUNSEL AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS, AGREEMENTS, CONTRACTS, AND ENDEAVORS FOR THE ISSUANCE OF SUCH NECESSARY 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 RELATED TO THE BONDS; APPROVING THE USE OF SUCH BONDS TO FINANCE AND IMPLEMENT THE PROJECT ENDEAVOR; AND PROVIDING FOR ALL MATTERS RELATED TO THE "AUSP" ENDEAVOR AND THE BOND ISSUANCE 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 SUBJECT, 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 SUCH AGREEMENTS NECESSARY AND RELATED THERETO WITH 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 THEREFOR, 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.
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 24,000 consumer accounts, including 20,000 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 two (2) to 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:
o Reliability of proposed power supply
o Availability of transmission service for delivery to Cleco's transmission system
o Total delivered cost of power
o Financial viability of the partner, including its parent or any other guarantor of services under the partner's proposal
o Generation type (i.e. coal, gas, hydro, etc.)
o Impact on diversification of Alexandria's resource portfolios
o Cost of compliance with the environmental protection requirements of all applicable state and federal laws, rules and orders
o Minimization of the risks of future fuel cost changes
o Term length of partnering agreements.
• Alexandria already has committed considerable resources toward a self-sufficiency and sustainability plan, with the following criteria:
o 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.
o Alexandria should evaluate the efficacy of continuing to provide a substantial portion of its capacity.
o Transfer, sale, or decommissioning of D.G. Hunter Electric Generating Station without an equal or greater alternate capacity resource was initially, but only presumptively, unacceptable for evaluation purposes. For purposes of the power RFP, all models were on the table and evaluated equally. D.G. Hunter, singularly, as an operating unit for upgrades is presumptively unacceptable with its currently configured technology.
o As relates to Alexandria resourcing, any resource additions preferably were to be constructed behind Alexandria's "fence."
o 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.
o 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 therefore:
BE IT ORDAINED by the Council of the City of Alexandria, Louisiana:
SECTION I. BE IT ORDAINED by the City Council of the City of Alexandria, Louisiana acting as the governing authority of the City of Alexandria, State of Louisiana (the "Issuer"), that 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 II. BE IT FURTHER ORDAINED by the City Council that the Mayor and administration is authorized and empowered to make such necessary application as the Mayor in his discretion deems necessary to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority for the City to issue and sell the aforesaid Bonds, and a certified copy of this ordinance 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 III. BE IT FURTHER ORDAINED by the City Council that the Mayor is authorized and empowered to retain Stephens Inc., of Baton Rouge, Louisiana (the "Underwriter"), and Stephens, Inc. is 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 IV. BE IT FURTHER ORDAINED the City Council finds and determines a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, the Mayor is authorized and empowered to retain Foley & Judell, LLP, as Bond Counsel for the City 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 enabling ordinance 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 V. BE IT FURTHER ORDAINED by the City Council that the Bonds are hereby authorized to be sold to the Underwriter and the Mayor is hereby authorized to execute a Bond Purchase Agreement with the Underwriter, in form and substance satisfactory to Bond Counsel, provided the Bonds shall bear interest at a rate or rates not to exceed 6% per annum and shall mature no later than 30 years from date of issuance.
SECTION VI. BE IT FURTHER ORDAINED by the City Council the City of Alexandria adopts the “Alexandria Utility Sustainability Project” to be funded by the revenue from the aggregate principal amount of Utilities Revenue Bonds of the Issuer; and, the governing authority declares and adopts (in accordance with recommendations of GDS & Associates and Zachry Engineering) as set forth in the above findings as listed in the above recitals, that this 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’ administration 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 the Administration 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, the Administration may proceed with all matters of the AUSP without further legislation; this certification relies upon this 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 this Ordinance and the Plan shall not take effect if the Alexandria City Council enacts and sustains an ordinance rescinding this Ordinance.
• The Plan certifications shall cover, at minimum, an independent verifiable assessment for the Alexandria City Council of the:
o Reliability of proposed power supply
o Availability of transmission service for delivery to Cleco's transmission system
o Total delivered cost of power
o Financial viability of the partner, including its parent or any other guarantor of services under the partner's proposal
o Generation type (i.e. coal, gas, hydro, etc.)
o Impact on diversification of Alexandria's resource portfolios
o Cost of compliance with the environmental protection requirements of all applicable state and federal laws, rules and orders
o Minimization of the risks of future fuel cost changes
o 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 Commission does not make a recommendation, then the Verification and Certification Plan shall be considered without positive finding and this Ordinance shall no longer be deemed effective.
• 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 this Ordinance shall have no effect at law.
C.
The Alexandria Utility Sustainability Project.
The City of Alexandria adopts the Alexandria Utility Sustainability Project, 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:
Alexandria Historical/Projected
Demand and Energy Requirements
Year | NCP Demand 11 (MW) | Energy (GWh) |
2007 | 177.0 | 768.4 |
2008 | 180.0 | 779.7 |
2009 | 178.0 | 776.7 |
2010 | 185.0 | 815.3 |
2011 | 186.0 | 803.1 |
2012 | 189.0 | 823.8 |
2013 | 190.7 | 831.0 |
2014 | 192.3 | 838.1 |
2015 | 194.1 | 845.9 |
2016 | 195.9 | 853.7 |
2017 | 197.7 | 861.6 |
2018 | 199.5 | 869.6 |
2019 | 202.0 | 880.2 |
2020 | 203.3 | 885.7 |
2021 | 205.1 | 893.9 |
2022 | 207.0 | 902.2 |
2023 | 208.9 | 910.5 |
2024 | 210.9 | 918.9 |
2025 | 212.8 | 927.4 |
2026 | 214.8 | 936.0 |
2027 | 216.8 | 944.6 |
2028 | 218.8 | 953.4 |
2029 | 220.8 | 962.2 |
2030 | 222.8 | 971.1 |
2031 | 224.9 | 980.1 |
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 were required to identify and specify any costs included for transmission and/or interconnection facilities necessary to deliver power and energy to Alexandria. Alexandria evaluated each proposal to determine if modifications to their distribution systems were necessary to receive delivery of power and energy under a proposal. Such additional costs are required 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 with its currently configured technology, 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 VII. BE IT FURTHER ORDAINED by the City Council the City of Alexandria adopts this 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.
SECTION VIII. BE IT FURTHER ORDAINED by the City Council that the RFP process has been reviewed and the City Council selects and adopts the short-listed proposals recommended by the City of Alexandria’s outside experts and directs and authorizes the Administration to formulate and confect any necessary terms sheets or letters of intent with those parties for final comparison, verification, and certification, including with but not limited to NRG, Cleco Corporation and/or Cleco Power LLC. The final agreements, contracts, and other effectuating documents and authorizations are authorized as needed subject to the verification and certification process outlined herein.
SECTION IX. BE IT FURTHER ORDAINED by the City Council that the Mayor of the City of Alexandria is specifically but not in limited fashion authorized and empowered, upon completion of the AUSP Verification and Certification Plan, and in accordance with such terms, conditions, obligations and requirements the Mayor in his sole opinion and discretion finds reasonable and necessary conforming to AUSP as in the best interest of the City the following:
• (i) Authorization 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 subject, object and title, commenced or necessitated by previous legislation; provided, the expenditure of funds appropriated in this ordinance, shall be in conformity to all existing ordinances and provisions of the Alexandria Home Rule Charter, state statutes relative to public bidding and related matters, including provisions of Titles 38 and 39 of the Louisiana Revised Statutes where applicable to the City, and
• (ii) Authorization to 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.
• (iii) Authorization contemplated by the Title of this Ordinance and this Section in subparts (i)-(ii) authorize generally those agreements and actions necessary to effectuate the AUSP goals which in the Mayor in his discretion deems appropriate, and specifically but not limited to all or any agreements necessary and related thereto with the South Western 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, and any and all successor entities.
• (iv) Authorization contemplated by this Section in subparts (i)-(iii) shall include unlisted parties and any such party required 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 therefor, and/or purchase of equity positions as described in the power RFP Process and in particular the parties certified as prevailing respondents, namely NRG, Cleco Corporation and/or Cleco Power LLC, 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 approximately 225 MW of net total dependable generating capacity.
SECTION X: BE IT FURTHER ORDAINED that this Ordinance shall become effective upon signature by the Mayor, or, if not signed or vetoed by the Mayor, upon expiration of the time for ordinances to become law without the signature by the Mayor.
SECTION XI: BE IT FURTHER ORDAINED, etc., the provisions, items, and projects contained in this Ordinance are severable and if any provision, item, or project contained herein, or the application of any such provision, item, or project, is held invalid, such invalidity shall not affect other provisions, items, projects, or applications of the Ordinance which can be given effect without the invalid provision, project, item, or application.
SECTION XII: BE IT FURTHER ORDAINED, etc., that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this ordinance are hereby declared severable.
SECTION XIII: BE IT FURTHER ORDAINED, etc., that all ordinances or parts of ordinances in conflict herewith are hereby repealed.
THIS ORDINANCE was introduced on the 11th day of December, 2012.
NOTICE PUBLISHED ON THE 14th day of December, 2012.
THIS ORDINANCE having been submitted in writing, introduced and published, was then submitted to a final vote as a whole, the vote thereon being as follows:
YEAS: Villard, Rubin, Silver, Fowler, LaSalle.
NAYS: Green and Larvadain.
ABSENT: None.
AND THE ORDINANCE was declared adopted on this the 8th day of January, 2013 and final publication was made in the Alexandria Daily Town Talk on the 11th day of January, 2013.
/S/ NANCY L. THIELS /S/ CHARLES “CHUCK” FOWLER, JR.
CITY CLERK PRESIDENT
/S/ JACQUES ROY
MAYOR’S APPROVAL/VETO
The President asked for any other business. The Mayor announced that sandbags will be distributed in the following areas for City residents. Shovels and sand bags will be provided at Bringhurst Park, Frank O. Hunter Park, Cheatham Park and Johnny Downs Complex for citizens to prepare their own bags. He stated that ready-made sandbags will be provided for the elderly and the infirmed at the Consolidated City Compound on January 9, 10 and 11 from 8:00 A.M. – 5:30 P.M.
Mr., Larvadain commended the City of Alexandria workers for the flooding on Renee Street and also at the Martin Park pumps.
There being no further business to come before the
Council, on motion properly seconded, the meeting was adjourned.
/S/ CHARLES L. “CHUCK” FOWLER
President
ATTEST:
/S/ NANCY L. THIELS,
City Clerk