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R-25-37 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY. WHEREAS, the City of Portsmouth 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 have a conditional expiration date of June 30, 2027; and WHEREAS, because the existing SPSA landfill has a limited remaining useful life, SPSA has procured a contractor to establish a mixed waste sorting facility that will guarantee a landfill diversion rate of 50%; and WHEREAS, the contractor will invest approximately $200,000,000 in the facility; and WHEREAS, in order for the contractor to make the required investment in the facility, it is necessary for the Member Localities to commit to extend the term of the Use and Support Agreements; and WHEREAS, SPSA has proposed that First Amendments to the Use and Support Agreements be executed by the Member Localities to extend their terms to June 30, 2052; and WHEREAS, the development of the facility will extend the useful life of the SPSA landfill and ensure that the City continues to have a means of disposing of its solid waste; and WHEREAS, the First Amendment will not take effect unless it has been approved and executed by at least 75% of the Member Localities; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that it hereby approves execution of the First Amendment in substantially the form attached as Exhibit A; and BE IT FURTHER RESOLVED that the City Manager be, and he hereby is, authorized to execute and deliver the First Amendment on behalf of the City.