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R -23 -40 <br />A RESOLUTION TO AMEND THE ARTICLES OF INCORPORATION OF THE <br />PORTSMOUTH COMMUNITY BROADBAND NETWORK AUTHORITY. <br />WHEREAS, on September 8, 2020, the City Council of the City of Portsmouth, <br />Virginia, determined it was in the best interest of the citizens of the City to form an <br />authority known as the Portsmouth Community Broadband Network Authority, under the <br />provisions of the Virginia Wireless Service Authorities Act, Chapter 54.1 of Title 15.2 of <br />the Code of Virginia, 1950, as amended, and adopted resolution R -20 -23 creating said <br />authority; and <br />WHEREAS, the City Council now desires to amend portions of Article V of the <br />Articles of Incorporation of the Portsmouth Community Broadband Network Authority, <br />pursuant to Virginia Code Sec. 15.2 - 5431.8:1. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF PORTSMOUTH, VIRGINIA, that: <br />1. The Articles of Incorporation of the Portsmouth Community Broadband Network <br />Authority is hereby amended by: <br />(a) Deleting the first three paragraphs of Article V in their entirety and replacing <br />them with the following: <br />The powers of the Authority shall be exercised by a board of <br />directors composed of seven members appointed by the City Council of <br />the City of Portsmouth. City Council may remove board members at any <br />time. In the event a board of directors member's term ends by resignation <br />or removal, that board of directors member shall be disqualified and their <br />seat on the board of directors shall become automatically vacant. The City <br />Council of the City of Portsmouth may appoint a replacement to serve the <br />remainder of the term. <br />The terms of office of the board of directors members shall be four <br />years. However, the terms of the initial members of the board of directors <br />shall coincide with the terms of the City Council members at the time of <br />the Authority's formation. Members may succeed themselves. <br />Appointments to fill vacancies, however arising, shall be for the remainder <br />of the unexpired term. If at the end of any term of office a successor <br />director has not been appointed, then the director whose term of office has <br />expired shall continue to hold office until a successor is appointed and <br />qualifies. <br />