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R-13-07 A RESOLUTION BY THE COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA RESTATING ITS OPPOSITION TO THE ILLEGAL AND UNCONSTITUTIONAL IMPOSITION OF TOLLS ON THE DOWNTOWN AND MIDTOWN TUNNELS AND ON THE MARTIN LUTHER KING CONNECTOR AND DECLARING ITS SUPPORT FOR PENDING LITIGATION THAT SEEKS A LEGAL DETERMINATION THAT THE CONTRACT ALLOWING SUCH TOLLS IS WITHOUT LEGAL AUTHORITY. WHEREAS, on December 5,2011, the Virginia Department of Transportation (VDOT) and Elizabeth River Crossings Opco, LLC, (ERCO) entered into a Comprehensive Agreement (Agreement) under the Public -Private Partnership Act of 1995 for the construction of a new Midtown Tunnel tube and a connector between the existing Martin Luther King Freeway and 1- 264, and for the refurbishing ofthe existing Midtown and Downtown Tunnels (the "Facilities"); and WHEREAS, the Agreement permits ERCO to impose tolls on Facilities, to be reimbursed for or exempt from state and local taxes paid or imposed, and to be free financially from the risk of competition from future transportation improvements; and WHEREAS, the tolls that will be imposed on the citizens and businesses of Portsmouth and Hampton Roads, as well as on visitors who use the Facilities are inequitable and not based on the actual improvements at each tolled facility; and WHEREAS, the payment of tolls is mandatory as to a large number of citizens in the urban core areas of Portsmouth and Norfolk since they have no reasonable alternatives to usage of the Downtown and Midtown Tunnels; and WHEREAS, the rates of the initial and future tolls have been calculated solely to satisfy ERCO'sbusiness requirements and were established wit~out regard to the onerous financial hardship that will be imposed on those users who can least afford the tolls or the E-Z Pass collection method;.and WHEREAS, the tolls are actually an illegal tax imposed on the users of the Facilities by an unelected entity in violation of the Constitution of Virginia; and WHEREAS, the Agreement is an unconstitutional delegation to ERCO of the Commonwealth's power to set rates and to the consideration and authorization of such rate increases by the State Corporation Commission thereby closing the door on all public comments on any future toll increases; and WHEREAS, the City Council expressed its opposition to the imposition of tolls by resolution dated February 28,2012, and requested that the members of the City's delegation and the citizens of Portsmouth communicate that opposition to the Governor and to the General Assembly; and