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934, as modified, expanded or amended. This provision shall not preclude or apply to any Member Jurisdiction or SPSA itself engaging in the collection of solid waste in competition with Contractor at disposal rates equal to or higher than those paid by the Contractor pursuant to the Contract plus charges not less than SPSA's or Member Jurisdiction's actual cost of collecting and hauling such waste. This provision shall also not preclude or apply to any action taken by a SPSA Member Jurisdiction in connection with the establishment or implementation of a fee or other charge payable by (i) a resident of that Member Jurisdiction or (ii) any other owner of property in that Member Jurisdiction that agrees to pay such fee or other charge for waste collection and disposal service provided by that Member Jurisdiction. For purposes of this Subsection, "implementation" includes, but is not limited to, the advertisement in a newspaper of general circulation, posting or mailing official public notice by a Member Jurisdiction of a proposed ordinance." WHEREAS, the Contract provides that if by December 1, 2001, the City of Portsmouth fails to approve a resolution substantially in this form, Contractor may terminate the Contract: NOW, THEREFORE BE IT RESOLVED, the Council of the City of Portsmouth, Virginia, states its intent that if the members of the solid waste management industry operating in the Service Area comply with the terms of the Contract, the City of Portsmouth will not for so long as the Contract remains in effect and for so long as Contractor has not given notice of intent to not renew the Contract (i) implement a waste generation or similar fee charged to customers of Contractor for disposal services provided by or on behalf of the City; or (ii) franchise the collection of commercial solid waste within the City or otherwise displace the collection or disposal business of Contractor, including, but not limited to, action (including, but not limited to, the scheduling of a public hearing) pursuant to Virginia Code Section 15.2-930, 15.2-931, and/or 15.2-934, as modified, expanded or amended. This Resolution shall not preclude or apply to the City or SPSA itself engaging in the collection of solid waste in competition with Contractor at disposal rates equal to or higher than those paid by the Contractor pursuant to the Contract plus charges not less than SPSA's or Member Jurisdicfioffs actual cost of collecting and hauling such waste. This provision shall also not preclude or apply to any action taken by the City in connection with the establishment or implementation of a fee or other charge payable by (i) a resident of the City or (ii) any other owner of property in the City that agrees to pay such fee or other charge for waste collection and disposal service provided by the City. For purposes of this Resolution. "implementation" includes, but is not limited to. the advertisement in a newspaper of general circulation, posting or mailing of official public notice by a Member Jurisdiction of a proposed ordinance. ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on October 23, 2001. Teste: City Clerk