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March 12, 2013 WHEREAS, the payment of tolls is mandatory as to a large number of citizens in the urban core areas of Portsmouth and Norfolk since they have no reasonable alternatives to usage of the Downtown and Midtown Tunnels; and WHEREAS, the rates of the initial and future tolls have been calculated solely to satisfy ERCO's business requirements and were established without regard to the onerous financial hardship that will be imposed on those users who can least afford the tolls or the E-Z Pass collection method; and WHEREAS, the tolls are actually an illegal tax imposed on the users of the Facilities by an unelected entity in violation of the Constitution of Virginia; and WHEREAS, the Agreement is an unconstitutional delegation to ERCO of the Commonwealth's power to set rates and to the consideration and authorization of such rate increases by the State Corporation Commission thereby closing the door on all public comments on any future toll increases; and WHEREAS, the City Council expressed its opposition to the imposition of tolls by resolution dated February 28, 2012, and requested that the members of the City's delegation and the citizens of Portsmouth communicate that opposition to the Governor and to the General Assembly; and WHEREAS, while the resolution requested that the tolls be replaced by a more equitable means of funding by the Commonwealth, no such funding alternative was developed, adopted, or implemented; and WHEREAS, because of VDOT's ill-considered entry into a one-sided and virtually secretive Agreement with ERCO, Hampton Roads citizens and businesses have been forced to challenge the Agreement through the filing of a lawsuit (Meeks, et al. v. Virginia Department of Transportation, et al.) in the Portsmouth Circuit Court. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that it hereby restates its opposition to the illegal and unconstitutional tolls that will be imposed on its citizens, its visitors, and its neighbors. BE IT FURTHER RESOLVED that the City Council publicly declares its support for the remedies sought in the above-referenced litigation and requests that the General Assembly establish an equitable funding mechanism for the Facilities that addresses the financial challenges already facing two communities, Portsmouth and Norfolk, who have no reasonable or viable alternatives to the Facilities. BE IT FURTHER RESOLVED that the City Clerk be and is authorized and directed to forward a copy of this Resolution to the Governor of the Commonwealth and to all the members of the Virginia General Assembly." Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright Nays: None • Adoption of an ordinance appropriating the sum of $200,000 in the FY 2012-13 General Fund for the cost of a Disparity Study regarding minority-and women- owned business enterprises. 1. Gwen Davis, 9 North Point Drive, spoke in support of this item. 2. Bruce Williams, 1058 Meadow Grove Trail, Virginia Beach, spoke in support of this item. Motion by Mr. Edmonds, and seconded by Mr. Cherry, to adopt the following ordinance, and was adopted by the following vote: "ORDINANCE APPROPRIATING THE SUM OF $200,000 IN THE FY 2012-13 GENERAL FUND FOR THE COST OF A DISPARITY STUDY REGARDING MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES."