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urtulNANCE NO.2QQ~"~ 7 AN ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE CITY OF PORTSMOUTH (2006) TO REGULATE THE COLLECTION AND DISPOSAL OF SOLID WASTE, BE IT ORDAINED by the City Council of the City of Portsmouth, Virginia: WHEREAS, on July 25,2007, the Board of Directors of the Southeastern Public Service Authority of Virginia, Inc. ("SPSA") adopted a resolution requesting that Portsmouth and the other member localities consider the adoption of ordinances to require delivery to SPSA of all or substantially all of the solid waste generated within the SPSA member localities, said ordinances being commonly known as "flow control" ordinances; and WHEREAS, the Council of the City of Portsmouth, Virginia ("City Council") has since that time been duly informed of said decision by SPSA, the reasons underlying said decision, and the likely consequences for the City of Portsmouth concerning possible adoption of a flow control ordinance; and the City has further held a public hearing on November 27,2007, to receive public comment on the adoption of a "flow control" ordinance; and WHEREAS, City Council has concluded that the adoption of flow control by the City and the other members of SPSA will result in uniform disposal fees ("tipping fees") to be paid by SPSA's members and commercial customers, which will eliminate the disproportionate financial burden placed on municipal residential customers, will restore equity in disposal rates, and will result in a reduction in the tipping fees paid by the City and thus its citizens and businesses; and WHEREAS, after hearing public comments and considering the issues, City Council hereby makes the following findings: 1. Legislative Findings. That the City Council of the City of Portsmouth, Virginia (the "City") hereby finds and determines, and does hereby declare that: A. The cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and Southampton have created the Southeastern Public Service Authority of Virginia ("SPSA") pursuant to the Virginia Water and Waste Authorities Act (the "Act") in order to carry out for their common good and the common good of their citizens, the essential public service of providing for the management and disposal of solid waste in a safe, economical, and environmentally sound manner, which service is typically and traditionally a core function of local government; B. SPSA has constructed and is operating an integrated solid waste management and disposal system for the benefit of its members including landfill operations, management of yard wastes, disposal of special wastes, the production and burning of refuse-derived fuel for energy recovery, recycling programs, and public environmental education, which system has been recognized as a model of quality within the solid waste industry and among local governments;