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UI\UlNANCE NO. .2qt~MQ;25 AN ORDINANCE CONCERNING TWO GOOD NEIGHBOR AGREEMENTS, ONE WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AND THE OTHER WITH WHEELABRATOR PORTSMOUTH INC., AND ALSO AUTHORIZING CONVEYANCE OF CERTAIN REAL ESTATE. WHEREAS, the City of Portsmouth has long desired to address community quality and environmental concerns arising from the Southeastern Public Service Authority of Virginia ("SPSA") operating certain Waste-to-Energy ("WTE") Facilities in Portsmouth; and WHEREAS, SPSA has agreed to sell the WTE Facilities to Wheelabrator Portsmouth Inc. ("Wheelabrator"); and WHEREAS, in connection with that pending sale, Portsmouth has negotiated two "Good Neighbor Agreements" for the purpose of ensuring proper and responsible operation of the WTE Facilities in the future, one with SPSA and the other with Wheelabrator; and WHEREAS, in exchange for obtaining the benefits that will result from these Agreements, Portsmouth is to convey to SPSA certain real estate used and needed for continued proper operation of the WTE Facilities; and WHEREAS, it is essential to the United States Navy and thus to national security that the WTE Facilities be allowed to continue providing steam and electricity to the Naval Shipyard, without hindrance or interruption; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That the City Manager and City Attorney are authorized and directed to execute and deliver to SPSA and to Wheelabrator agreements substantially the same as the Good Neighbor Agreements which accompany this resolution. 2. That the City Manager and City Attorney are authorized and directed to execute and deliver to SPSA a deed conveying unto SPSA certain real estate, said deed to be substantially the same as that which accompanies this resolution. 3. That said agreements and deed are to be delivered in escrow, pending closing on sale of the WTE facilities by SPSA to Wheelabrator. 4. That the City Manager and City Attomey are further authorized to take such other and further actions, and to grant such further assurances as may be needed to implement the intent of this ordinance and th~ two agreements that are herby authorized, and also to protect the interests of the City with regard to the matters addressed herein. 5. That this ordinance shall be effective immediately upon its adoption. ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on April 13, 2010. Teste: City Clerk