2018 Resolutions - Laserfiche WebLink

Home Browse Search

EXHIBIT CONCURRENT RESOLUTION ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA 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, by amendment to the Act enacted under 2018 Va. Acts of Assembly House Bill 1560 and codified in Va. Code § 15.2 - 5102.1, certain changes were made regarding term limitations for members of SPSA's Board of Directors appointed by the Member Localities, that require amendments to its Articles of Incorporation (the "Articles "); and WHEREAS, the amendments that are needed to bring the Articles into conformance with the changes in the Act are set forth in the attached Amended and Restated Articles of Incorporation (the "Amended Articles "); and WHEREAS, the Act requires that any amendments to the Articles must be adopted by concurrent resolutions, ordinances or agreements of all the Member Localities and that before any resolutions can be adopted, the councils and boards of supervisors of each of the Member Localities must comply with certain notice, advertising and public hearing requirements set forth in the Act; and WHEREAS, in furtherance of the requirements of the Act, proper notice of a hearing and other information required by the Act was published and the councils and boards of supervisors of the Member Localities ( "Councils and Boards ") adopted separate resolutions approving and adopting the Amended Articles; and WHEREAS, the separate resolutions of the Member Localities authorized each of the Member Localities to execute this single Concurrent Resolution. NOW, THEREFORE BE IT RESOLVED by the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and Southampton ( "Member Localities "): 1. The preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the Authority and preliminary estimates of initial rates for services of such projects were not included in the Amended Articles because they are not germane to the process of amending the Articles and, in any event, the councils and boards of the Member Localities find that inclusion of such information is impracticable. 2. Pursuant to the provisions of the Act, the Councils and Boards approve and adopt the Amended Articles. 1.15525932