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<br />December 8. 2009 <br /> <br />Financial Impact: <br />. No financial impact. <br /> <br />Recommended Action: <br />. Adoption of the resolution IS recommended. Vision Principle: Bold New <br />Directions. <br /> <br />Next Steps Following Council Action: <br />. A copy of the resolution will be forwarded to the State Corporation Commission. <br /> <br />Motion by Mr. Smith, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"RESOLUTION APPROVING THE AMENDED AND RESTATED ARTICLES OF <br />INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF <br />VIRGINIA. <br /> <br />WHEREAS, the Cities of Portsmouth, Chesapeake, Franklin, Norfolk, Suffolk and <br />Virginia Beach, and the counties of Isle of Wight and Southampton ("Member <br />Localities") have created the Southeastern Public Service Authority of Virginia ("SPSA") <br />pursuant to the Virginia Water and Waste Authorities Act (the "Act"); and <br /> <br />WHEREAS, by amendment to the Act enacted under 2009 Virginia Acts of <br />Assembly House Bill 1872 ("House Bill 1872") and codified in Section 15.2-5102.1 of the <br />Code of Virginia, certain requirements were imposed upon SPSA and changes were <br />made regarding the appointment and qualifications of the members of the Board of <br />Directors that require amendments to the Articles of Incorporation (the "Articles"); and <br /> <br />WHEREAS, the amendments that are needed to bring the Articles into <br />conformance with the changes in the Act are set forth in the attached Amended and <br />Restated Articles of Incorporation (the "Amended Articles"); and <br /> <br />WHEREAS, the Act requires that any amendments to the Articles must be <br />adopted by concurrent resolutions, ordinances or agreements of all the Member <br />Localities and that before any resolutions can be adopted, the councils and boards of <br />supervisors of each of the Member Localities must comply with certain notice, <br />advertising and public hearing requirements set forth in the Act; and <br /> <br />WHEREAS, the City of Portsmouth held a duly advertised public hearing on <br />December 8, 2009, at which time no substantial opposition to the Amended Articles was <br />heard; and <br /> <br />WHEREAS, in order to support and facilitate the objectives of the Act, the <br />Council of the City of Portsmouth finds that the Amended Articles are proper. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia, that (i) the attached Amended Articles be, and hereby are, <br />approved and adopted; (ii) preliminary estimates of capital costs, proposals for any <br />specific projects to be undertaken by SPSA and preliminary estimates of initial rates for <br />services of such projects were not included in the Amended Articles because they are <br />not germane to the process of amending the Articles, and in any event, the inclusion of <br />such information is impracticable; and (iii) this Resolution approving and adopting the <br />Amended Articles shall be effective immediately and the Amended Articles shall take <br />effect on January 1, 2010. <br /> <br />BE IT FURTHER RESOLVED that the proper officers of the City of Portsmouth <br />are authorized to (i) execute the Amended Articles in substantially the form attached <br />hereto, (ii) cause the executed Amended Articles to be filed with the Virginia State <br />Corporation Commission, and (iii) do all other things necessary or appropriate to amend <br />the Articles pursuant to the Amended Articles, including the execution of a single <br />Concurrent Resolution with other Member Localities that is consistent with the action <br />taken by the City of Portsmouth hereunder." <br />