[0:28] It's now 6:00. We'll call the meeting to
order. The open meeting pamphlet is um
[0:33] on the desk there um for you to review.
Um Gary, we take
[0:38] » Buckminister here. Ferguson
>> here. Forac
[0:41] » here.
>> Caster
[0:42] » here.
>> Frank
[0:43] » here. Kenny
>> here.
[0:45] » Leen
>> here.
[0:47] Please rise
[0:53] to the flag of the United States of
America and to the republic for which it
[0:57] stands. One nation under God,
indivisible, with liberty and justice
[1:03] for all.
>> Mayor's report is not here. So there is
[1:07] none. City minister report. Um I don't
have anything.
[1:14] Do you have anything?
All right, we'll move on. We're going to
[1:17] go to um item number one, agenda
approval. I make the motion that we move
[1:23] the uh tanasa discussion um from number
seven to let's remove we're going to
[1:30] remove the agenda approval out of the
consent. So we'll approve everything but
[1:34] the agenda. Then we'll go back and we'll
approve an amendment to the agenda.
[1:39] » All right. A consent agenda minutes of
approval for August 17th, 2026. Claims
[1:45] approval for September 9th, 2026.
>> Motion
[2:04] push.
>> All right.
[2:07] Going back to agenda approval, as I
stated, I'd like to move item number
[2:12] seven, tenasa agreement recommended by
public works down uh to number 10, the
[2:18] last item um for the we'll probably exot
[2:29] » number six to the end of the agenda.
>> You said seven, but
[2:33] » well, I got seven on mine. Sorry. That's
okay. The tenasa
[2:46] » yes.
>> All right. Moving on to old business
[2:50] discussion and action. Second reading
reading of ordinance 2026-102
[2:55] to provide for regulation of bicycles,
ebikes, scooters, e scooters,
[2:59] skateboards, e skateboards, hover
boards, and skates. Review the Ordinance
[3:05] 2026-102.
>> Ordinance number 2026-102.
[3:10] An ordinance to regulate the use and
operation of bicycles, ebikes, scooters,
[3:15] e- scooters, skateboards, e skateboards,
hoverboards, and skates to repeal the
[3:21] current section 5-501 of the false city
municipal code and all other sections in
[3:27] conflict here with.
So, I talked to um our attorney and he
[3:35] made all the u amendments from the last
meeting.
[3:45] That's I don't know if anybody has any
other thing to discuss on it.
[3:52] » Do I need to bring up what I talked
about earlier?
[3:57] » You can.
Um, there's issues with kids riding in
[4:02] the parks
and it's not really labeled in there
[4:08] about not riding in the parks. So, I
don't know if we need to amend something
[4:11] about
>> We got a park specifically for that
[4:20] 1920 street, right?
State ramps.
[4:28] Well, I know that, but if you say
ballparks, then you'd have to exclude
[4:31] that one. See?
>> Yeah. I mean, parks in general, I guess.
[4:35] But I got a complaint this morning that
there's kids driving through the
[4:40] softball games and all that. So, I was
just
[4:44] » like in the parking lots or just in the
grass or just
[4:48] » I mean, have you seen it sidewalks where
people are standing?
[4:54] Sorry.
>> Um, I've seen it myself. Jenny Jenny
[4:59] struck her. Um, I've seen it myself at
softball games and they ride on the
[5:02] sidewalks, um, through the parking lots,
through grass. I mean, on the splash
[5:10] pad, it's pretty much everywhere.
>> So, there's nothing specific calling out
[5:18] there.
No, but we have uh ramps at a city park.
[5:24] See what I mean? Because we have
skateboard. We have skateboards on. We
[5:28] have a skateboard.
>> Yeah.
[5:31] » My only issue with matter. Yeah. I'm
sorry. This comes down to parenting more
[5:38] than a damn city. And I mean and and
teaching kids to be respectful, but boy,
[5:43] I would think parks are about the safest
place you want them. And I mean, I'd
[5:47] like them there.
like go down the streets elsewhere. But
[5:55] » yeah, it's just an empty park or a park
full of
[6:00] » I mean that's that's the tough part is
right now the park's probably empty and
[6:04] it's okay. But come softball day or any
other day
[6:08] is
somebody else in a lawn chair or
[6:11] something.
>> And I get it. It would be frustrating,
[6:14] but boy, like right now, Morehead Park,
like I'd rather them be there than
[6:18] riding downtown, you know? So, I don't
want to like say you can't be in a park.
[6:23] Yeah. I don't know. That's just that's a
tough one because then that would be
[6:27] Stanton's Lake, too. And that's half the
time it's empty.
[6:31] » I was just asked this question. No, no,
I'm not I'm not saying I'm just saying
[6:34] it's just
>> I think before this even brought up in
[6:37] the entire country, it was a parenting
issue before any city in the United
[6:42] States. But
>> well, what we're doing with this is
[6:45] getting some teeth to it. So you have
some regulation, you get the the law
[6:49] enforcement,
an ordinance to act on. So if you have
[6:53] complaints, you can, you know, if you
got restrictions, but this is the second
[6:58] time we've amended it.
>> Yeah.
[7:01] Like Jamie, what happen if there is a
softball game going on and there's kids
[7:05] riding their bikes down there on the
sidewalks and weaving in and out people?
[7:09] If there's no ordinance, there's nothing
you can do about it.
[7:12] » Talk to the kids.
>> Yeah, talk to the kids. Only thing I
[7:14] mean,
>> talk to the parents.
[7:16] » Yep. I mean,
>> I agree. It's a parenting issue.
[7:20] I wish you had tickets for common sense,
but
[7:24] » he wouldn't have a ticket.
[7:31] » I'm going to make a motion to
[7:46] Yes.
Moving on to regular business. Uh,
[7:50] represent from HPE, uh, will you present
the audit?
[8:05] » So, good evening. I'm Kylie Wickman
>> and I'm Luke Post.
[8:08] » We're from HBA. This is our first year
doing the audit. We're presenting the
[8:14] September 30, 2025 year end. Um, so we
will just kind of go over the highlights
[8:20] and if you have any questions, let us
know.
[8:23] The first couple pages in the packet is
our audit report. And so there in the
[8:29] second paragraph, we give our opinion
and we note that the accompanying
[8:33] financials present fairly in all
material respects. So that is a clean
[8:38] unmodified audit opinion.
The rest of the report goes on to note
[8:43] that you all as management and the
council are responsible for the
[8:47] financials and the information in them.
And then our responsibility is to audit
[8:51] that information. And so to do that, we
do a lot of planning ahead of time. We
[8:56] do a risk assessment so we can focus on
what we think are the riskiest areas of
[9:01] your audit.
um we um we can do all that planning. So
[9:07] then we can do the field work where
we're actually looking at invoices,
[9:09] asking questions,
um looking at your controls and
[9:13] processes. And so at the end of all
that, we're able to issue this opinion.
[9:18] And the back of the financials, there's
also a supplemental schedule on a budget
[9:22] comparison. And then we have a couple
other reports on your um internal
[9:27] controls and financial reporting that
we'll go over then.
[9:31] » Okay. I'm going to run through the
numbers pretty quick. I'm just going to
[9:34] give a high level overview and call out
a couple of items um I think warrant
[9:38] just a little bit of attention. So the
city of false city runs their financials
[9:42] on the full acral basis that's with US
GAP governments gap. So this statement
[9:47] in that position both the governmental
activities and the business type
[9:50] activities is full acral basis. You'll
note this has capital assets PP&E
[9:56] long-term debt
um statement of activities. This is
[10:00] going to be see on this screen and I'm
not going to rotate it because I'll get
[10:04] lost on here. But uh basically this
again this is full acrual basis. This is
[10:09] loans when they're paid are not
expenses. It's a reduction in the
[10:13] liability. Same with capital assets
purchase. It's not an expense. It goes
[10:16] to a capital asset then it's taken
depreciation. When we get to the funds
[10:22] even though the city is full acral basis
this is how governmental accounting
[10:25] works. These are on what is considered
the economic resource basis. You'll note
[10:30] there's not loans payable here. There's
not capital assets here. So between the
[10:35] two schedules, there's a reconciliation.
Mainly those are the two items. There
[10:40] are a couple smaller items, but as you
look through the financials, those are
[10:44] the reconciling items here on the fund
financials. I'll point out because the
[10:48] capital improvement has an inter fund
note receivable from general. When you
[10:53] go to that statement of net position,
the governmental funds are brought
[10:56] together. those are eliminated when they
get brought together because it's all
[10:59] within the governmental funds.
Um, and then so here as promised is a
[11:05] reconciliation between the fund balance
on the governmental funds and the
[11:09] governmentwide financials. So those
recon items, like I said, the main ones
[11:12] are your long-term debt and your capital
assets.
[11:17] And then we've got the receipts and
dispersements of the governmental funds.
[11:20] Here you will note principal payments
are recorded as an expense because the
[11:25] fun have a loan in it. So when the money
is paid on the loan here, it's shown as
[11:29] an expense. This how governmental
accounting is done when it's done to the
[11:33] full acral basis. And another recon this
is on the profit and loss side as
[11:39] opposed to the balance sheet side.
Um so now we have the business type
[11:44] activities. These are full acrual basis.
So these funds have the loans in them
[11:49] have the capital assets in them. So they
are um not the same as the governmental
[11:55] funds. Um and so we have operating
revenues, operating expenses. Um
[12:03] moving on, cash flows. The business
funds have a cash flow to them. I
[12:07] recommend reviewing the operating
activities. Um sewer is showing a
[12:13] negative operating cash amount. Um
next year I want to bring to your
[12:19] attention this schedule will change.
There's a new Gazsby. There's going to
[12:23] be some language change. It mostly
operates in the same way, but there's
[12:27] going to be labeling as subsidies. Other
items when we're here next year, we'll
[12:32] walk through all of it. It's roughly the
same thing, but some terminology is the
[12:35] same because Gazsby can't leave things
alone.
[12:39] Um, so then you have the notes. I
recommend reviewing these. These give
[12:43] more information to the statements we
provided. Um, as Kylie mentioned, there
[12:49] is a required supplementary statement.
This is RSI. This will also change
[12:54] slightly next year under that same
accounting standard, but I want to point
[12:58] to your attention, this is budgetary
basis. So, these items are essentially
[13:02] on the cash basis. Same way you're
you're doing your budget right now. It's
[13:06] on that same basis.
So, now we have the governmental
[13:10] auditing standards letter. So the
internal controls, this is going to be
[13:13] the main event of what I have to
communicate with you today. I have 10
[13:18] material weaknesses on these financial
statements.
[13:22] So starting with 202501,
we have an inade adequate segregation of
[13:27] duties. We believe the city probably has
enough staff to have a proper
[13:32] segregation of duties, but you'll note
as we go through these findings, the
[13:36] internal controls were not there. So we
were not going to give a opinion on the
[13:43] um segregation of duties um with the
amount of internal control issues that
[13:48] we've identified.
Um looking at 202502, this is financial
[13:53] statement prep. So this is a finding I
don't expect you to be able to fix.
[13:56] There is a risk when we prep your
financials. If I don't talk to Gary
[14:00] properly, I could put something in these
financials that could be wrong. There's
[14:05] a risk. There's not really much you can
mitigate to do that. an organization of
[14:09] this size is an expected finding. You'll
you'll have that
[14:13] 2023 is uh or excuse me 202503 is
material audit adjustments. So when we
[14:20] receive the trial balance and numbers
from the city, we expect those to be
[14:24] close to what we audit them to. Some of
these material audit adjustments I'm
[14:28] going to give more detail on in the rest
of the findings, but they are not all
[14:32] listed in the rest of the findings.
There are more material audit
[14:35] adjustments that we had to make to bring
these into a clean financial statement
[14:40] set than are even listed in these next
few findings.
[14:44] So finding 2024 or 202504
beginning fund balance and net position.
[14:52] So depending on which fund you're
looking at net position
[14:56] fund balance was off by over 12 million
in the electric fund. This is what that
[15:02] means. The paper financial statements
from last year should match your
[15:06] accounting system because beginning
balances this year should match final
[15:10] balances last year. The accounting
system, frankly, they weren't close. The
[15:15] accounting system was not updated to
match these paper financials that were
[15:19] issued last year. And you'll note um I'm
going to go through these at a high
[15:23] level. The details are there for your
for your review. Um if you have
[15:27] questions, please stop me. Um, so number
five, reconciled cash balances not
[15:32] reflected in the trial balance. So this
one is a little backwards, but I want to
[15:36] explain it. When we came in, the
reconciled the reconciliations provided
[15:43] were pretty accurate. The accounting
numbers did not match them. So cash was
[15:48] off um in various funds, sometimes up to
$2 million. The cash did not reflect
[15:53] what was actually in the statements in
the funds.
[15:59] 202506
unreconciled interf fund transfers. The
[16:04] only place a transfer go is another
transfer. Transfer should net to zero.
[16:08] Transfer is netted to 2.5 million. So
that means there was activity. A
[16:13] transfer can't cause activity. A
transfer should only go to a transfer.
[16:19] Um number seven, uh accounting for state
grant proceeds. So, the city received a
[16:26] $15 million state grant for the large
utility transmission project. That grant
[16:31] was awarded during the fiscal year. Cash
was paid. Cash is in the city's
[16:35] accounts.
Those um entries were made some in I
[16:41] believe it's June, July, August. Some
entries were made in each of those
[16:45] months. When you net up the entries that
were made, they all net to zero. The
[16:50] city did not record a scent of the
revenue from the $50 million grant once
[16:54] all the entries are put together and
reviewed.
[16:59] » You had the cash in the bank.
>> You had the cash. It's in the bank,
[17:02] » but the revenue was there at one point,
but once the rest of the entries were
[17:07] made, it was gone.
[17:11] » Um, number eight, unrecorded accounts
payable. Um, so the city is on the full
[17:16] approval basis. When we came into audit
accounts payable, some of the items left
[17:22] over were legacy and weren't we had to
clean a bunch of it up. And even as we
[17:28] um were provided some payables, we have
tests we do for search of payables and
[17:33] we found material missing items as part
of those tests and got those into the
[17:37] financials.
Um number nine, capital asset
[17:41] depreciation records. So the city has
five funds general and the four
[17:47] utilities that have a large amount of
capital assets in them and those
[17:50] schedules should reflect the flow with
the financials. They should tie to the
[17:53] beginning balances, current year
activity, additions, disposals,
[17:57] depreciation helps reduce there. Those
should all tie some of the um air or the
[18:04] uh prior period adjustments we had to
beginning balances. These schedules had
[18:09] math errors in them. They frankly have
some legacy items that need cleaned up.
[18:14] These schedules need major work. They
have a lot of items that need reviewed
[18:19] even still now. That is going to be a
project that we're going to be working
[18:23] on going forward and getting those
cleaned up. I know the schedules are
[18:27] also used some for the uh insurance. And
while those two schedules can work in
[18:33] tandem, using them for both, they do
have different criteria. So not
[18:38] everything's the same that needs to be
there. one for the insurance listing and
[18:41] for the financial statements. So, while
that can they can piggyback each other
[18:46] and be reconciled to each other, I would
caution you to use the same schedule for
[18:50] both of those tasks.
And then number 10 is incomplete and
[18:57] accurate debt records. So, one loan
reflected in I believe it is the sewer
[19:03] fund, the wastewater fund um that was
recorded last year, that loan didn't
[19:07] exist. we perform procedures.
It must have been paid off years ago or
[19:13] it was overstated. So that loan was in
the financials last year. We've taken it
[19:17] out. And then also we have one loan um
as part of the CRA that was back from
[19:25] 2021 currently outstanding balance of
166,000.
[19:30] That was not recorded in the financials
this whole time. We found that during
[19:33] audit testing that has now been
reflected in the long-term debt.
[19:38] Um so those are my findings, our
findings. We have um the corrective
[19:43] action plan. This will be filled out by
the city. There will be this will be
[19:47] filled out and signed put on the city
flutter head appended into the final
[19:50] version that's submitted to the state.
So I walked through a lot of findings.
[19:55] So we did issue a clean audit opinion.
The way we were able to do that is we
[20:00] put the staff through hell. We drug
through but we were able to get back
[20:06] into to and fix and understand and get
documentation to a place that we were
[20:12] comfortable giving that clean opinion.
And I want to give I want to give Gary
[20:16] and his staff credit because we did a
ton of work on this. We had to go back
[20:22] through records and ask and get more
documentation and ask again and more
[20:26] documentation. So, I would like to give
Gary my thanks for that because if Gary
[20:32] hadn't been here, I don't know how we
would have issued an audit for you.
[20:38] This was um
[20:43] » yeah, this was a a challenge.
>> Um
[20:47] » so I mean as you can see with all the
findings and how we're letting you know
[20:50] that this was a lot of work. Um we are
going to have to build extra
[20:56] from our original proposal. There was
just a lot we didn't know about. you
[21:00] know, we want to be fair to you, but
also we probably had over double or
[21:05] triple the time that we anticipated that
this audit would take. Um, so we're
[21:10] going to look through that for your
final audit bill. Um, but you know, we
[21:15] know your next year end is coming up. We
think, you know, next year you're going
[21:19] to be able to get there to correct some
of these things. maybe I don't know
[21:23] hopefully by year end if not this year
next year you know that we we're
[21:27] confident that we can continue to work
with you going forward and that we're
[21:31] going to see some improvements that's
the good news out of it
[21:39] have any questions for us or anything
you want to add Gary
[21:42] » well there's a few things here maybe
can't answer them but like uh you guys I
[21:47] Gary might even know too like on the
25-007
[21:51] The $15 million shows it's recorded 26
lines of entries in June, July, and
[21:56] August
on that.
[22:00] I mean, I'm sure I wouldn't know, but I
What you're saying is that's pulled in
[22:03] and out 26 times. Don't know where it
was put. We we so what happened is it
[22:09] was reported correctly in the utility
fund and then it was moved to the CRA
[22:16] physically moved to the CRA which is the
same bank and then it was moved from the
[22:22] CRA back. So every time they made
entries, there was entries for every
[22:29] time it moved and it could be transfers
in, transfers out, cash, investments. So
[22:38] it took me a while to go through and
figure that out.
[22:42] » Then my I guess need council might help
me on this one, too. When we did that 15
[22:47] million, I mean, not do the audit, but I
thought we talked about we're going to
[22:51] draw interest off that if you put it If
you put it in your draw interest or
[22:55] something, you still move it back. I
guess money. I'm looking at Derek
[22:58] because he's a
[23:03] » take.
>> It's currently in a seedar account.
[23:07] Cedars. So that's currently in there.
>> The money wasn't
[23:13] the money was moved before it was in the
seedars. So it was after you got it. It
[23:19] was moved from like I said fund to fund
and then account to account and trying
[23:25] to account for it to be moved and that I
think that's where the confusion got
[23:30] » still
going in and out. Okay.
[23:33] » Yep.
>> Okay.
[23:35] » Is on the financial reporting side of
it.
[23:38] » Yeah. The accounting piece was the
issue.
[23:41] » I understand that now. Thank you.
[23:49] Do we have any more questions or motion
to approve this?
[23:53] » Thank you for cleaning up our mess.
>> Thank you.
[23:56] » Yes. Very
motion to approve.
[24:01] » Second
favor.
[24:06] » Yes.
>> Thank you again.
[24:13] » I have item number three.
[24:17] No, you're fine.
>> Okay.
[24:22] » Discussion and action. Appointment of
Rick Johnson and Jerry Eler to the
[24:27] majority.
>> Motion to approve.
[24:32] » Favor.
[24:37] » Yes.
>> Item number three, discussion and
[24:41] action. appointment of Levi Jones as
police officer.
[24:49] Uh Levi left the police department uh on
another business venture and then came
[24:55] back to work for the city and has since
requested transfer back.
[25:00] He is a full-time janitor with the city.
He went through the uh
[25:04] interview process and the push forward.
Think he'd be a good addition and I
[25:10] think the guys are excited to have him
back
[25:15] in that 10th position.
>> He has to go to school, right?
[25:18] » He's good.
>> Yeah.
[25:21] » He had 32 hours of training and
>> yeah, we've already completed all of his
[25:24] requirements.
[25:35] Thank you.
[25:42] » Yes.
Um discussion before discussion and
[25:47] action curb cut on 521 to the court
construction. So there's a request um
[25:54] they're building duplex there. So he had
a request to do a curb cut and the
[25:58] council has to approve it. So um item
four and five are both uh for curb cuts
[26:04] for those construction projects.
[26:08] » Second
[26:13] yes.
Number five discussion action request
[26:17] cut
[26:26] » eight. Yes.
>> Item number seven opd prepayment
[26:31] agreement as recommended by the board of
public works.
[26:36] So, uh, the board of public works, um,
is recommending, um,
[26:42] council approval of this. Um, this is
part of the process that we're going
[26:48] through to get NITS. So, we have our
own, uh, uh, ability to buy um, power
[26:57] um, outside of OPD.
And um as we you know look at the NRG
[27:05] and the centronics and stuff as we move
forward the um transmission line and
[27:11] stuff that's the way the board of public
works figure uh thinks we should go with
[27:16] this. So we're going to ask the council
to approve this thing.
[27:42] Yes.
Um item number eight
[27:48] now discussion and action replacement of
power plant windows by salt contracted
[27:54] to $64,7
recommended by the board of public.
[27:58] » Yeah. So the board of public works um is
recommending this um
[28:04] contingent that it's going to be part of
the budget. Um we have to budget for
[28:09] next fiscal year for this. I think it's
a have to instead of a want. Um so we
[28:17] asked the
council to approve it and then we'll go
[28:23] through the budget, get it in the budget
for next year, fiscal year.
[28:34] Yes.
[28:40] Um then we have item number eight
discussion and action accept engineering
[28:48] service change order.
[28:53] So
um Trevor negotiated with seal
[29:00] on they had some come up. These are the
relays at the power plant. Um so they
[29:05] come up and they build us for that day.
They're looking at PDM. I think is a
[29:10] couple weeks they're going to be here.
Um so it's a benefit for them that they
[29:14] could work uh Monday through Sunday.
Their
[29:19] Saturday um Sunday PDM is quite high. So
when Trevor negotiated
[29:27] um that their mobile they would eat half
their mobile, we'd pay half of that and
[29:32] then he got the PDM down on the weekends
to be the same as a weekday. So um this
[29:40] is the change order for those
discussions.
[29:43] Um
anybody have any questions?
[29:50] Can you repeat because it shows the
weekday is 2950 a day but Saturday is
[29:55] 4425
and Sunday.
[29:59] Did you just say that the daily rates
got equalized? Is it not? That's my
[30:03] understanding. It's just not reflected.
sheet.
[30:08] I see I see that now. Okay, that was
that was part of his
[30:20] long not approving what we have in our
hand.
[30:22] » Yep. I will double check with him that
the is supposed to be the same weekday
[30:26] as weekend. So they don't have to go
back to St. Louis and then remobilize
[30:32] here. So that that was the negotiation
piece.
[30:37] » I will double check that and if you want
to make a motion or someone wants to
[30:41] make a motion contingent on that or that
we sign it once we get that figured out.
[30:48] I would make a motion.
[31:00] Well, it does have a date response
required. Are we going to get to it?
[31:05] » Says that they wanted to have this done
by the 15th.
[31:09] » Meet again by then.
>> They uh mobile they're going to do it
[31:14] Monday the start the 14th and it's a
twoe process. But I will double check on
[31:20] that and we won't sign it unless it is
what I explained to the council. That's
[31:25] what
[31:35] others. But same as
[31:42] a motion in a second.
>> I'll second.
[31:49] » Yes. Number nine, discussion and action
agreement as recommended by public
[31:56] works.
[32:00] » So um we're still negotiating that
contract
[32:05] um with Tanasa and I'd like to go into
exact session so I can explain it to the
[32:10] council. It is um time sensitive. So I'd
like to go explain it and then we can
[32:17] come out and you guys can make a motion
or whatever you guys want to do.
[32:28] » Can we take public comment right now?
>> Okay.
[32:32] » Yeah. Special fall edge just wanted to
address the council. Tanasa has been in
[32:37] the news for data centers. did this
about four to six months ago when we
[32:43] started talking about an NDA with
Tanaska. We just want to make sure that
[32:46] everybody's clear. This has absolutely
nothing to do with data centers. This is
[32:49] a totally different company than the
Tanasa that's in the news for data
[32:53] centers, right? Get auction agreements.
Tanasa, I think it's Tanaska Power
[32:57] Services is a division of Tanaska
because we're trying to go NITS be
[33:02] network integrated. We're being dropped
by mean Municipal Energy Agency of
[33:06] Nebraska. Therefore, we have to find a
replacement, put out bids, right? Three
[33:10] people bid on it. One of them's Pasca.
They appear to be the winner. Um, we
[33:14] need a willing agent by May 1st. I just
wanted to make it very clear that this
[33:18] has nothing to do with data centers
and that we're we're trying to find a
[33:23] market participant to help us wheel the
energy, right? um in reviewing the um
[33:29] the contract that was in the board of
public works. We've got an we got an
[33:33] all-star attorney that used to work at
Southwest Powerpool that is helping us
[33:37] with this. She has full city's best
interest in mind. They did share this
[33:41] with some of our investors and I just
want you guys to be aware of uh some
[33:45] minor feedback that they have. Um, one
of them is
[33:50] we want you
consider no exclusivity for new
[33:56] generation for future new generation.
Um,
[34:02] excluding new generation from this
contract. There's a there's a section in
[34:05] there that that talks about this section
2 subo
[34:09] um that exclusivity
um could prevent potential investment in
[34:15] fall city. some of the projects we're
working on. Um the investors they want
[34:19] to derisk
um and you know removing exclusivity
[34:24] gives us flexibility if someone wanted
to do generation in fall city. Okay. Um
[34:31] a partnership with the municipality of
fall city unlocks the pathway to
[34:36] funding. There's been some good activity
the last couple weeks. Um, and I just
[34:41] wanted to just kind of put that out
there that limiting exclusivity, someone
[34:45] wants to build generation in both city,
um, you know, that's perhaps our best
[34:50] pathway forward to get the investments
for some of these big projects we're
[34:53] working on.
>> Thank you.
[34:58] Any other comments before we get a
second?
[35:10] » Yes,
>> you're going to go into executive
[35:13] session to discuss contract.