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R-99-38 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED DEFINITIVE MERGER AGREEMENT AMONG THE PENINSULA TRANSPORTATION DISTRICT COMMISSION AND THE TIDEWATER TRANSPORTATION DISTRICT COMMISSION. WHEREAS, the Council of the City of Portsmouth, Virginia, on March 23, 1999, adopted a resolution authorizing the City Manager to execute, on behalf of the City of Portsmouth, Virginia, a definitive merger agreement among the Peninsula Transportation District Commission and the Tidewater Transportation District Commission; and WHEREAS, the resolutions adopted by the component governments of the merged commission must contain the same provisions; and WHEREAS, resolutions adopted by other component governments subsequent to the resolution adopted by the Council of the City of Portsmouth, Virginia, contained additional provisions; and WHEREAS, the Council of the City of Portsmouth, Virginia concurs with the provisions proposed by the other component governments; and WHEREAS, the resolution adopted by the City of Virginia Beach, Virginia, deleted the existing Article IX, Section H of the Cost Allocation Agreement, which provided that "Dedicated revenues such as a tax on gasoline will be allocated by the Commission"; and WHEREAS, the resolution adopted by the City of Virginia Beach, Virginia, added a new Article IX, Section H of the Cost Allocation Agreement, which provides that "To the extent permitted by law, dedicated revenues generated in each Participating City shall be allocated to that Participating City, unless the governing body thereof authorizes an alternative allocation based upon a finding that such alternative allocation encourages the most effective and efficient operation of the regional transportation system. The Commission shall request the General Assembly, in any legislation it may enact which establishes a source of dedicated revenues, to permit the Commission to allocate such dedicated revenues in a manner consistent with this provision"; and WHEREAS, the resolution adopted by the City of Chesapeake, Virginia, added a new Article IX, Section I of the Cost Allocation Agreement, which provides that "Prior to (i) recommending to the General Assembly the imposition or increase of any tax or (ii) imposing or increasing any tax that the Commission is empowered to impose, the Commission shall receive resolutions supporting such recommendation, imposition, or increase from 100% of the member jurisdictions"; and WHEREAS, to avoid possible confusion with a private business, Hampton Roads Transportation, Inc., both the Tidewater Transportation District Commission and the Peninsula Transportation District Conunission have approved a change to the definitive agreement of merger permitting the use of the name Transportation District of Hampton