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February 28, 2012 <br />Financial Impact: <br />• The Public Utility fund is a 100% self-supporting fund that generates revenue <br />through user charges for water and sewer services. Rates may be adjusted as needed <br />in order to service this new debt. No general fund support is required. <br />• Refunding bonds will only be issued if the analysis shows a net savings to the <br />City. <br />Recommended Action: <br />• Conduct a public hearing. <br />• Adoption of proposed ordinances. Vision Principles: Efficient, Responsive <br />Government; Quality of Life; a Robust Economy for Working Men and Women. <br />Next Steps following City Council Action: <br />• Staff, Davenport, and the City's Bond Counsel will take all required action to <br />facilitate the sale of the Public Utility Bonds <br />• Staff, Davenport, and the City's Bond Counsel will take all required action to <br />facilitate the issuance of refunding bonds in the event the City is able to achieve the <br />targeted debt service savings. <br />1. Mark Geduldig-Yatrofsky, P. O. Box 50141, Portsmouth, VA, spoke in support of <br />this item. <br />Motion by Mr. Whitehurst, and seconded by Mr. Heretick, to adopt the following <br />ordinance, and was adopted by the following vote: <br />12-81(A): <br />"ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA <br />AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION <br />REFUNDING BONDS." <br />Ayes: Cherry, Edmonds, Heretick, Moody, Whitehurst, Wright <br />Nays: None <br />Motion by Mr. Whitehurst, and seconded by Mr. Heretick, to adopt the following <br />ordinance, and was adopted by the following vote: <br />12-81(B): <br />"ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA <br />AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $50,000,000 <br />AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC UTILITY <br />BONDS." <br />Ayes: Cherry, Edmonds, Heretick, Moody, Whitehurst, Wright <br />Nays: None <br />12 - 82 -Adoption of an ordinance appropriating the sum of $410,000 in the FY <br />2011-12 General Fund Operating Budget from the FY 2011-12 Risk Management <br />and Insurance Fund Unrestricted Funds balance for legal defense fees. Vision <br />Principle: Efficient, Responsive Government. <br />Background: <br />• Additional funds are required to pay accrued and anticipated legal fees for <br />outside counsel employed to defend the City and City police officers against suits <br />claiming damages for alleged improper actions. <br />Discussion: <br />• The City Attorney is charged with defending the City in matters necessary and <br />proper to protect the interests of the City. <br />• As part of that charge, the City Attorney may retain outside legal counsel to <br />assist him or to serve as primary legal counsel when a conflict between the City and <br />other defendants arises. <br />