04-13-15 Agenda, Packet & Committee Meeting Notice

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within such Century Center Energy Conservation Debt Service Fund, such Reserve Account to be funded by $50,000.00 from and out of the $242,000 appropriated from the Century Center Capital Improvement Fund, to be utilized as a reserve for the purposes set forth in Section 6 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals contained in this Ordinance are true and correct and are incorporated in this Ordinance by reference. SECTION 2. Findings/Public Benefits of Conservation Measure Projects. The Conservation Measure Projects will provide energy and operational savings to the City that will be of benefit to the general health and welfare of the citizens of the City. Furthermore, the Qualified Provider's written "Savings Guarantee" which is Attachment C to Exhibit 1 hereto assures that the energy conservation measures to be taken by the Qualified Provider will result in energy consumption savings and other reduced operating costs and that the Qualified Provider will reimburse the City for the difference between the guaranteed savings that are not stipulated savings and the actual savings achieved by the energy conservation measures, pursuant to IC 36-1-12.5 - 5(a)(3) and (d)(3). SECTION 3. Payment of IP Contract. A portion of the Conservation Measure Projects will be funded from the IP Contract, which will provide for semi - annual payments from money on deposit in the Century Center Energy Conservation Debt Service Fund. SECTION 4. Approval of Agreements. The Qualified Provider Agreement, GS Contract, IP Contract, Direct Purchase Agreement and Escrow and Account Control Agreement, each substantially in the form and substance submitted to this meeting, copies of which are on file with the City Clerk (the "Clerk "), be, and hereby are, approved. The Mayor of the City (the "Executive "), the Clerk, and the Controller of the City (the "Controller "), and each of them, and the members of the Board of Public Works are hereby authorized and directed to execute and deliver such documents without further approval of the Common Council (the "Council ") in substantially the forms herein approved, with such additions, deletions and modifications thereto as may be approved by such officer of the City or member of the Board of Public Works, the execution thereof being conclusive evidence of such approval and the approval of the Council; and the Clerk, or other authorized representative of the City, is hereby authorized and directed to affix the seal of the City to any such document, as applicable, and to attest the same. Two copies of the Qualified Provider Agreement, GS Contract, IP Contract and Escrow and Account Control Agreement, hereby incorporated into this Ordinance, were duly filed in the Office of the Clerk and are available for public inspection in accordance with Indiana Code 36- 1 -5 -4. SECTION 5. Additional Appropriations. In order to provide a portion of the financing for the Conservation Measure Projects that will not be paid for from the proceeds of the IP Contract, the Council hereby makes an additional appropriation in the amount of Two Hundred Forty Two Thousand Dollars ($242,000) from the Century Center Capital Improvement Fund (No. 671), from which the sum of Fifty Thousand Dollars ($50,000) shall be transferred in order to fund the Reserve Account as provided in Section 6 below. Said appropriations shall be in addition to 3