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WHEREAS NJBPU approval is a condition precedent to the effectiveness of the Agreement and the rights and obligations of the parties under the Agreement do not arise unless and until the parties receive a NJBPU final order, from which no appeal has been taken within the time permitted to take such appeals (the “Final Order”), and which approves the Agreement in its entirety without modification (the third day following the date upon which such Final Order becomes unappealable being the “Effective Date”).

WHEREAS, all things necessary to constitute the Agreement as valid and binding by and between the parties in accordance with the terms therein have been duly performed and execution and delivery of the Agreement has in all respects been duly authorized by the respective parties;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

1. That the Township Council hereby authorizes the Township to enter into a Non-Tariff Light Emitting Diode Street Lighting Agreement with JCP&L for the purposes of installation and use of Light Emitting Diode (“LED”) street lighting within the Township for purposes of reducing fossil fuel emissions and energy consumption and improving energy efficiency.
2. That the Mayor is hereby authorized to execute, and the Township Clerk to attest to, the Non-Tariff Light Emitting Diode Street Lighting Agreement between the Township and JCP&L, and any other documents necessary to effectuate the terms of this resolution. Said agreement shall be in a form acceptable to the Township Attorney. Said agreement shall be in a form substantially as the attached Schedule A.
3. Subject to NJBPU approval, the Non-Tariff Light Emitting Diode Street Lighting Agreement shall have an initial term of one (1) year from the Effective Date of the Agreement and thereafter shall renew automatically from year to year unless either party provides written notice of non-renewal to the other party at least 60 days in advance of the expiration date of the then current term or unless otherwise terminated in accordance with the terms hereof.
4. That a copy of the agreement referenced herein shall be kept on file and made available for public inspection at the Township Clerk's Office during normal business hours.
5. That a certified copy of this resolution, together with a copy of the agreement, shall be forwarded to JCP&L.

DATED: 11/29/11

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION 396R-11

TITLE: ESTABLISHING FACE TO FACE CREDIT CARD PROCESSING SERVICES FOR VARIOUS TOWNSHIP DEPARTMENTS THROUGH THE MUNICIPAY NATIONWIDE PAYMENT SOLUTIONS.

MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: MARTIN YES: KAFTON, MARTIN, RIVERE, UPDEGRAVE & BRESSI

WHEREAS, various Municipal Departments wish to automate their payment system; and

WHEREAS, the Government Electronic Payment Acceptance Act (P.L.1955,c.325)

(“Act”) authorizes a municipality to establish a credit card payment system upon the passage of a Resolution by the Governing Body; and

WHEREAS, the Chief Financial Officer has identified the need to provide a convenient face to face payment options at no cost to the Township of Jackson; and