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RESOLUTION NO. 3~ s8'~l <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA ACCEPTING THE ADVISORY RECOMMENDATION OF <br />THE BOARD OF PUBLIC WORKS, RATIFYING, CONFIRMING AND <br />APPROVING CERTAIN ACTIONS AND APPROVING THE EXECUTION OF A <br />GUARANTEED ENERGY SAVINGS 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 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 l ;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 />1 <br />*. *~S B CCouncil_Energysavings-LEDSignals_JohnsonControls.doc <br />