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R-16-26 A RESOLUTION AMENDING .AND RESTATING RESOLUTION R-16-18 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) FOR THE USE AND SUPPORT OF A REGIONAL SOLID WASTE DISPOSAL SYSTEM, CONDITIONED UPON SPSA AND THE CITY ENTERING INTO A DEVELOPMENT AGREEMENT NO LATER THAN JANUARY 31, 2017 WITH REGARD TO THE DEVELOPMENT OF A PORTSMOUTH TRANSFER STATION. WHEREAS, the Council for the City of Portsmouth, Virginia adopted Resolution R-16- 18 on June 28, 2016 regarding the Southeastern Public Service Authority (the "Prior Resolution"); and WHEREAS, this Resolution amends and restates the Prior Resolution in its entirety, and the Prior Resolution shall be of no further force or effect; and WHEREAS, the City of Portsmouth, Virginia ("City") is a member of the Southeastern Public Service Authority ("SPSA"), existing under statutory authority and consisting of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton ("Member Localities"); and WHEREAS, the Member Localities are parties to individual Use and Support Agreements with SPSA providing for the disposal of municipal solid waste generated by or collected in the SPSA service area; and WHEREAS, all of the Use and Support Agreements will expire on January 24, 2018; and WHEREAS, the SPSA Board of Directors has approved the form of a Post-2018 Use and Support Agreement to be entered into by all Member Localities to support the ongoing operations of SPSA ("Post-2018 Agreement"); and WHEREAS, the SPSA Board of Directors has issued a Notice of Intent to Award a Waste Supply Agreement with RePower South, which Waste Supply Agreement would require SPSA to deliver annually 350,000 tons of municipal solid waste to the RePower facility; and WHEREAS, SPSA has expressed a commitment to eliminate all outstanding debt by January 2018; to reduce overall tipping fees for the Member Localities to the greatest extent possible; to ensure that private haulers are not offered lower tipping fees than the Member Localities; to provide uniform and fair treatment to all Member Localities; and to follow the guiding principles expressed in the SPSA Strategic Operating Plan; and WHEREAS, SPSA has further expressed a commitment to construct and operate a Transfer Station located in Portsmouth, which commitment is to be set forth in and governed by a Development Agreement by and between SPSA and the City; and