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Minutes 02/25/2014
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Minutes 02/25/2014
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February 25, 2014 <br />• The Authority is a subordinate entity of the four city members, who individually <br />carry general fund reserves which provide an additional fiscal safety net for the <br />Authority and justify reducing its operating reserve. <br />• As of this date, the City of Hampton has adopted the resolution for the policy <br />change. The City Councils of Newport News and Norfolk will consider it at their next <br />respective meetings. <br />Financial Impact: <br />• None. <br />Recommended Action: <br />• Adopt the resolution. Vision Principle: Efficient, Responsive Government. <br />1. Mark Geduldig-Yatrofsky, P. O. Box 50141, spoke in opposition to this item. <br />Motion by Ms. Psimas, and seconded by Mr. Meeks, to adopt the following <br />resolution, and was adopted by the following vote: <br />"RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN <br />AMENDMENT TO THE HAMPTON ROADS REGIONAL JAIL AUTHORITY SERVICE <br />AGREEMENT TO PERMIT A REDUCTION IN THE AUTHORITY'S OPERATING <br />BUDGET RESERVES. <br />WHEREAS, the Cities of Hampton, Newport News, Norfolk and Portsmouth, <br />Virginia (the "Cities") have provided for the creation of the Hampton Roads Regional Jail <br />Authority (the "Authority") by agreement (the "Agreement") approved effective <br />December 14, 1993; and <br />WHEREAS, the Cities and the Authority entered into a service agreement ("the <br />"Service Agreement") effective December 1, 1995, setting forth certain rights and <br />obligations of the Cities and the Authority with respect to the construction, use and <br />operation of the Hampton Roads Regional Jail; and <br />WHEREAS, Section 4.3. of the Service Agreement provides that the Authority <br />will provide for an Operating Reserve in each of its Annual Budgets in an amount equal <br />to 25% of the expenditures, excluding debt service requirements, contained in the <br />Annual Budget for each year; and <br />WHEREAS, on the recommendation of its staff and its financial advisor and to <br />minimize the annual costs to the Cities, the Authority voted at its meeting on January <br />15, 2014, to amend Section 4.3 of the Service Agreement to provide for an Operating <br />Reserve in each Annual Budget of 16.67% of the expenditures, excluding debt service <br />requirements, contained in the Annual Budget for each year; and <br />WHEREAS, bond counsel to the Authority has advised it that such an <br />amendment will not violate any provision of any resolution, indenture or agreement <br />pursuant to which any notes, bonds or other financing has been issued by the Authority; <br />and <br />WHEREAS, Section 9.5 of the Service Agreement provides that it may be <br />amended only with the consent of the Authority and the governing body of each City; <br />and <br />WHEREAS, for the reasons and purposes stated above, the Authority and the <br />Cities desire to amend Section 4.3 of the Service Agreement. <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia that it hereby approves, and authorizes and directs the City <br />Manager to execute and the City Clerk to attest, on behalf of the City of Portsmouth, <br />Virginia, that certain Amendment to the Service Agreement among the Hampton Roads <br />Regional Jail Authority and the Cities of Hampton, Newport News, Norfolk, and <br />Portsmouth dated December 1, 1995, a copy of which is attached hereto and made a <br />part hereof. <br />
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