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<br />R09-71 <br /> <br />A RESOLUTION APPROVING THE AMENDED AND RESTATED ARTICLES OF <br />INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY <br />OF VIRGINIA. <br /> <br />WHEREAS, the Cities of Portsmouth, Chesapeake, Franklin, Norfolk, Suffolk and <br /> <br />Virginia Beach, and the counties of Isle of Wight and Southampton ("Member Localities") <br /> <br />have created the Southeastern Public Service Authority of Virginia ("SPSA") pursuant to the <br /> <br />Virginia Water and Waste Authorities Act (the "Act"); and <br /> <br />WHEREAS, by amendment to the Act enacted under 2009 Virginia Acts of Assembly <br /> <br />House Bill 1872 ("House Bill 1872") and codified in Section 15.2-5102.1 of the Code of <br /> <br />Virginia, certain requirements were imposed upon SPSA and changes were made regarding the <br /> <br />appointment and qualifications of the members of the Board of Directors that require <br /> <br />amendments to the Articles of Incorporation (the "Articles"); and <br /> <br />WHEREAS, the amendments that are needed to bring the Articles into conformance <br /> <br />with the changes in the Act are set forth in the attached Amended and Restated Articles of <br /> <br />Incorporation (the "Amended Articles"); and <br /> <br />WHEREAS, the Act requires that any amendments to the Articles must be adopted by <br /> <br />concurrent resolutions, ordinances or agreements of all the Member Localities and that before <br /> <br />any resolutions can be adopted, the councils and boards of supervisors of each of the Member <br /> <br />Localities must comply with certain notIce, advertising and public hearing requirements set <br /> <br />forth in the Act; and <br /> <br />WHEREAS, the City of Portsmouth held a duly advertised public hearing on <br /> <br />December 8, 2009, at which time no substantial opposition to the Amended Articles was heard; <br /> <br />and <br />