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Minutes 08/12/2014
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Minutes 08/12/2014
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August 12, 2014 <br />Next Steps Following Council Action: <br />• The City Manager will execute the necessary Documents. <br />1. Mark Geduldig-Yatrofsky, P. O. Box, 50141, spoke in support of 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 APPROVING THE AMENDMENT AND RESTATEMENT OF EACH <br />OF THE CREATION AGREEMENT AND SERVICE AGREEMENT OF THE HAMPTON <br />ROADS REGIONAL JAIL AUTHORITY. <br />WHEREAS, by agreement made effective the 14t" day of December, 1993, as <br />later amended, (the "Creation Agreement") the Cities of Hampton, Newport News, <br />Norfolk, and Portsmouth, Virginia (the "Initial Subdivisions") established a regional jail <br />authority titled the Hampton Roads Regional Jail Authority (the "Authority"), pursuant to <br />and as authorized by Title 53.1, Chapter 3, Section 53.1-95.2 et seq., Va. Code Ann., <br />(1950), as amended; and <br />WHEREAS, each of the Initial Subdivisions has also entered into a service <br />agreement made as of December 1, 1995 (the "Service Agreement"), among those <br />cities and the Authority providing for their respective rights and responsibilities with <br />regard to the operation of the regional jail in Portsmouth, Virginia that is owned and <br />operated by the Authority; and <br />WHEREAS, the City of Chesapeake, Virginia, and the Initial Subdivisions have <br />determined that the City of Chesapeake shall become a member of the Authority, <br />effective July 1, 2014, or such later date on which all necessary approvals of the <br />Authority, the Initial Subdivisions, and the City of Chesapeake may be given; and <br />WHEREAS, in order for the City of Chesapeake to be admitted as a member of <br />the Authority, the Creation Agreement and the Service Agreement of the Authority must <br />be amended; and <br />WHEREAS, Article VII of the Creation Agreement provides that any proposal to <br />amend the Creation Agreement must be submitted in writing to the Board of the <br />Authority and to the governing body of each of the Initial Subdivisions and that after <br />recommendation by the Authority the governing body of each city may proceed to <br />consider a resolution concurring in the proposed change; and <br />WHEREAS, at its meeting on June 18, 2014, the Board of the Authority <br />reviewed the proposed Amendment and Restatement of the Creation Agreement and <br />recommended its approval to the governing body of each of the Initial Subdivisions and <br />to the City of Chesapeake; and <br />WHEREAS, Section 9.5 of the Service Agreement provides that the Service <br />Agreement may be amended with the consent of the Authority and the governing body <br />of each jurisdiction then a member of the Authority; and <br />WHEREAS, at its meeting on June 18, 2014, the Board of the Authority <br />reviewed the proposed Amendment and Restatement of the Service Agreement and <br />recommended its approval to the governing body of each of the Initial Subdivisions and <br />to the City of Chesapeake; and <br />WHEREAS, for the reasons and purposes stated above, the City of Portsmouth, <br />Virginia desires to approve both the Amended and Restated Creation Agreement and <br />the Amended and Restated Service Agreement. <br />
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