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R-14-23 A RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF EACH OF THE CREATION AGREEMENT AND .SERVICE AGREEMENT OF THE HAMPTON ROADS REGIONAL JAIL AUTHORITY. WHEREAS, by agreement made effective the 14~' day of December, 1993, as later amended, (the "Creation Agreement") the Cities of Hampton, Newport News, Norfolk, and Portsmouth, Virginia (the "Initial Subdivisions") established a regional jail authority titled the Hampton Roads Regional Jail Authority (the "Authority"), pursuant to and as authorized by Title 53.1, Chapter 3, Section 53:1-95.2 et seq., Va. Code Ann., (1950), as amended; and WHEREAS, each of the Initial Subdivisions has also entered into a service agreement made as of December 1, 1995 (the "Service Agreement"), among those cities and the Authority providing for their respective rights and responsibilities with regard to the operation of the regional jail in Portsmouth, Virginia that is owned and operated by the Authority; and WHEREAS, the City of Chesapeake, Virginia, and the Initial Subdivisions have determined that the City of Chesapeake shall become a member of the Authority, effective July 1, 2014, or such later date on which all necessary approvals of the Authority, the Initial Subdivisions, and the City of Chesapeake may be given; and WHEREAS, in order for the City of Chesapeake to be admitted as a member of the Authority, the Creation Agreement and the Service Agreement of the Authority must be amended; and WHEREAS, Article VII of the Creation Agreement provides that any proposal to amend the Creation Agreement must be submitted in writing to the Board of the Authority and to the governing body of each of the Initial Subdivisions and that after recommendation by the Authority the. governing body of each city may proceed to consider a resolution concurring in the proposed change; and WHEREAS, at its meeting on June 18, 2014, the Board of the Authority reviewed the proposed Amendment and. Restatement of the Creation Agreement and recommended its approval to the governing body of each of the Initial Subdivisions and to the City of Chesapeake; and WHEREAS, Section 9.5 of the Service Agreement provides that the Service Agreement may be amended with the consent of the Authority and the governing body of each jurisdiction then a member of the Authority; and WHEREAS, at its meeting on June 18, 2014, the Board of the Authority reviewed the proposed Amendment and Restatement of the Service Agreement and recommended its approval to the governing body of each of the Initial Subdivisions and to the City of Chesapeake; and