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REGULAR MEETING <br />JUNE 25, 2007 <br />Mr. Charles E. Clark, License Auditor, Department of Administration and Finance, 12~` <br />Floor County-City Building, South Bend, Indiana, made the presentation for this bill. <br />Mr. Clark advised that in accordance with the procedure for the renewal of City <br />Business/Occupational licenses for the operation of Scrap MetaUJunk Dealers/Recycling <br />Operations, renewal applications for a business was submitted to the Police Department, <br />Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building <br />Department. The property was inspected for Fire Code violations, environmental <br />violations, proper maintenance of the premises and areas outside the fences, and the <br />height and condition of the surrounding fencing. The application received favorable <br />recommendations from all departments. <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Dieter made a motion to adopt this <br />Resolution. Councilmember Varner seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of nine (9) ayes. <br />RESOLUTION. NO. 3762-07 A RESOLUTION OF THE COMMON <br />COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, AUTHORIZING AND <br />APPROVING THE EXECUTION OF A <br />GUARANTEED ENERGY SAVINGS <br />CONTRACT FOR TRAFFIC SIGNALS <br />WITH 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 final review <br />of and the execution by the Council of a Guaranteed Energy Savings Contract for the use <br />of LED technology 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 26-1-12 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 fro traffic signals with Johnson <br />Controls, Inc.; and <br />WHEREAS, on June 11, 2007, the Council adopted its Resolution No. 3758-07 <br />thereby accepting the Board's advisory recommendation, ratifying, confirming and <br />approving certain actions taken by the Board, and approved the execution of a <br />Guaranteed Energy Savings Contract for traffic signals with Johnson Controls, Inc. with <br />such changes as suggested by legal counsel; and <br />WHEREAS, pursuant to the authority granted by the aforementioned resolutions <br />of the Board and the Council, the Board's legal counsel has completed negotiations with <br />representatives of Johnson Control's, Inc. and has recommended the changes which have <br />been incorporated in the fmal form of agreement that is attached hereto and incorporated <br />herein as Exhibit 1 ("Contract"); and <br />WHEREAS, the Council's attorney has reviewed the Contract and recommends <br />approval of the changes which have been negotiated on the Council's behalf; and <br />WHEREAS, the Contract has been reviewed by the Council's Public Works and <br />Property Vacation Committee which has given the Contract a favorable recommendation <br />to the full Council. <br />19 <br />