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R -18 -27 A RESOLUTION APPROVING (1) A CONCURRENT RESOLUTION ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AND (2) AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, AND AUTHORIZING THE MAYOR TO EXECUTE SAME. WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and Southampton ( "Member Localities ") created the Southeastern Public Service Authority of Virginia ( "SPSA ") pursuant to the Virginia Water and Waste Authorities Act (the "Act "), Va. Code § 15.2- 5100, et seq.; and WHEREAS, during its 2018 session, the Virginia General Assembly adopted an amendment to the Act eliminating the two -term limitation for members of the SPSA Board of Directors who are appointed by Member Localities; and WHEREAS, it is necessary to amend the SPSA Articles of Incorporation to incorporate the amendment to the Act; and WHEREAS, counsel for SPSA has prepared drafts of (1) a Concurrent Resolution Adopting Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia and (2) Amended and Restated Articles of Incorporation of the Southeastern Public Service Authority of Virginia (collectively, the "Documents "); and WHEREAS, copies of the draft Documents are attached hereto as Exhibit A; and WHEREAS, the Documents amend and restate the SPSA Articles of Incorporation (1) to eliminate the two -term limitation for members of the SPSA Board of Directors who are appointed by Member Localities and (2) to modify the defined term used to designate members of the SPSA Board of Directors who are appointed by Member Localities; and WHEREAS, a public hearing to take public comment on the proposed Documents and this Resolution was advertised in the Virginian -Pilot on September 16, 2018 and duly held on October 23, 2018; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that the Documents (in substantially the form attached hereto as Exhibit A), and the amendments to the SPSA Articles of Incorporation effected thereby, are hereby approved.