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REGULAR MEETING <br />JUNE 11, 2007 <br />BILL NO. 07-80 A RESOLUTION CONFIRMING THE <br />ADOPTION OF A DECLARATORY <br />RESOLUTION DESIGNATING CERTAIN <br />AREAS WITHIN THE CITY OF SOUTH BEND, <br />INDIANA, COMMONLY KNOWN AS 202 <br />SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 <br />AND 11 TO 14 AS AN ECONOMIC <br />REVITALIZATION AREA FOR PURPOSES OF <br />A NINE-YEAR REAL PROPERTY TAX <br />ABATEMENT FOR KEY SB, LLC, THE <br />HINMAN COMPANY <br />Councilmember Pfeifer made a motion to continue this bill until the June 25, 2007, <br />meeting of the Council, at the request of the petitioner. Councilmember Varner seconded <br />the motion which carried by a voice vote of six (6) ayes. <br />RESOLUTION NO. 3758-07 A RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, <br />ACCEPTING THE ADVISORY <br />RECOMMENDATION OF THE BOARD OF <br />PUBLIC WORKS, RATIFYING, CONFIRMING <br />AND APPROVING CERTAIN ACTIONS AND <br />APPROVING THE EXECUTION OF A <br />GUARANTEED ENERGY SAVINGS <br />CONTRACT FOR TRAFFIC SIGNALS WITH <br />JOHNSON CONTROLS, INC. <br />WHEREAS, on February 12, 2007, the Common Council of the City of South <br />Bend ("Council") adopted its Resolution No. 3705-07 thereby appointing the Board of <br />Works ("Board") and the Department of Public Works of the City of South Bend <br />("Department") as authorized agents of the Council for purposes of meeting the <br />provisions required by IC 36-1-12.5 and other Indiana laws leading up to the fmalreview <br />of and the execution by the Council of a Guaranteed Energy Savings Contract for the use <br />of LED teclmology in mechanized traffic signals; and <br />WHEREAS, on June 11, 2007, the Board adopted its Resolution No. 22-2007 <br />confirming the Board's compliance with IC 36-1-12 and further making its advisory <br />recommendation to the Common Council of the City of South Bend, Indiana of the <br />approval of a Guaranteed Energy Savings Contract for traffic signals with Johnson <br />Controls, Inc., a copy of said Resolution No. 22-2007 attached hereto and incorporated <br />herein as Exhibit 1; and <br />WHEREAS, the Board has heretofore reviewed the proposed form of Guaranteed <br />Energy Savings Contract as attached hereto and incorporated herein as Exhibit A to the <br />Board's Resolution No. 22-2007 and has recommended that the Common Council of the <br />City of South Bend approve and execute an Energy Savings Contract with Johnson <br />Controls, Inc., with such changes as may be suggested by legal counsel with approval of <br />such changes evidenced by the execution and attestation respectfully, of the contract. <br />WHEREAS, the Board has affirmed that the actions referred to in its Resolution <br />No. 22-2007 were undertaken solely at the direction of and as authorized agents to the <br />Council pursuant to the Council's Resolution No. 3705-07 and not on the Board's own <br />behalf; and <br />WHEREAS, the Common Council of the City of South Bend desires to accept the <br />Board's advisory recommendation and to approve and execute the Guaranteed Energy <br />Savings Contract with such changes as may be suggested by legal counsel; and <br />23 <br />