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June 22,1999 <br /> <br />· A local business, Hampton Roads Transportation, Inc., has objected to the use of <br />the name Hampton Roads Transportation District and Hampton Roads Transportation <br />District Commission. Therefore, both the Tidewater Transportation District Commission <br />and the Peninsula Transportation District Commission have changed the merger <br />agreement. The new names would be Transportation District of Hampton Roads and <br />Transportation District Commission of Hampton Roads. <br /> <br />· These changes require approval of the participating jurisdictions. <br /> <br />Financial Impact: <br /> <br />· There will be no direct financial impact by the adoption of this amended resolution. <br />In the future, if the General Assembly authorizes any dedicated revenue, the City <br />Council would have greater control over the use of that revenue. <br /> <br /> Motion by Mr. Pitts, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN <br />AMENDED DEFINITIVE MERGER AGREEMENT AMONG THE PENINSULA <br />TRANSPORTATION DISTRICT COMMISSION AND THE TIDEWATER <br />TRANSPORTATION DISTRICT COMMISSION. <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia, on March 23, 1999, <br />adopted a resolution authorizing the City Manager to execute, on behalf of the City of <br />Portsmouth, Virginia, a definitive merger agreement among the Peninsula <br />Transportation District Commission and the Tidewater Transportation District <br />Commission; and <br /> <br /> WHEREAS, the resolutions adopted by the component governments of the <br />merged commission must contain the same provisions; and <br /> <br /> WHEREAS, resolutions adopted by other component governments subsequent <br />to the resolution adopted by the Council of the City of Portsmouth, Virginia, contained <br />additional provisions; and <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia concurs with the <br />provisions proposed by the other component governments; and <br /> <br /> WHEREAS, the resolution adopted by the City of Virginia Beach, Virginia, <br />deleted the existing Article IX, Section H of the Cost Allocation Agreement, which <br />provided that "Dedicated revenues such as a tax on gasoline will be allocated by the <br />Commission"; and <br /> <br /> WHEREAS, the resolution adopted by the City of Virginia Beach, Virginia, added <br />a new Article IX, Section H of the Cost Allocation Agreement, which provides that "To <br />the extent permitted by law, dedicated revenues generated in each Participating City <br />shall be allocated to that Participating City, unless the governing body thereof <br />authorizes an alternative allocation based upon a finding that such alternative allocation <br />encourages the most effective and efficient operation of the regional transportation <br />system. The Commission shall request the General Assembly, in any legislation it may <br />enact which establishes a source of dedicated revenues, to permit the Commission to <br />allocate such dedicated revenues in a manner consistent with this provision"; and <br /> <br /> WHEREAS, the resolution adopted by the City of Chesapeake, Virginia, added a <br />new Article IX, Section I of the Cost Allocation Agreement, which provides that "Prior to <br />(i) recommending to the General Assembly the imposition or increase of any tax or (ii) <br />imposing or increasing any tax that the Commission is empowered to impose, the <br />Commission shall receive resolutions supporting such recommendation, imposition, or <br />increase from 100% of the member jurisdictions"; and <br /> <br /> <br />