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RESOLUTION NO. 12,061
3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
4 AGREEMENT WITH JOHNSON CONTROLS TO DEVELOP AND IMPLEMENT A
5 PLAN FOR THE REMOVAL OF METHANE GAS FROM THE CITY LANDFILLS;
6 AND FOR OTHER PURPOSES.
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8 WHEREAS, state and federal environmental laws mandate that the City remove
9 methane gas that develops at its sanitary landfills, and
10 WHEREAS, pursuant to RFP No. 4247 the City sought the most qualified and re-
11 sponsive firm to develop a plan that would eliminate such gas in a beneficial manner to
12 the City, and
13 WHEREAS, it was determined that Johnson Controls, Inc., met the qualification re-
14 quirements in the RFP and should be selected as the firm to fulfill this agreement, and
15 WHEREAS, the City and Johnson Controls have been able to agree to the terms of a
16 development agreement for this project,
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
18 LITTLE ROCK, ARKANSAS;
19 Section 1. The City Manager is authorized to enter into a development agree-
20 ment with Johnson Controls, Inc., that is in the same, or a substantially similar, form as
21 that attached as Exhibit A to this resolution.
22 Section 2. The Board recognizes that funding for this project will be provided by
23 a revenue bond issue which is anticipated to include revenues from the sale of meth -
24 ane gas for use by industries in the area of the landfill; further, the Board understands
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that if a beneficial project cannot be developed then the City is responsible for a pay-
ment of $150,000, is anticipated to be made from the City solid waste fund.
Section 3.5everability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this resolution is declared or adjudged to be invalid or un-
constitutional, such declaration or adjudication shall not affect the remaining portions
of the resolution which shall remain in full force and effect as if the portion so declared
or adjudged invalid or unconstitutional was not originally a part of the resolution.
Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of
this resolution are hereby repealed to the extent of such inconsistency.
PASSED: August 1, 2005
ATTEST:
Nataki S. Blocker, Assistant City Clerk
For Nancy Wood, City Clerk
17 APPROVED AS TO LEGAL FORM:
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20 Thomas M. Carpenter, City A orney
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APPROVED:
i
)oan Adcock