Minutes 09/13/2016 - Laserfiche WebLink

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September 13, 2016 WHEREAS, the City of Portsmouth, Virginia (“City”) is a member of the Southeastern Public Service Authority (“SPSA”), existing under statutory authority and consisting of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (“Member Localities”); and WHEREAS, the Member Localities are parties to individual Use and Support Agreements with SPSA providing for the disposal of municipal solid waste generated by or collected in the SPSA service area; and WHEREAS, all of the Use and Support Agreements will expire on January 24, 2018; and WHEREAS, the SPSA Board of Directors has approved the form of a Post-2018 Use and Support Agreement to be entered into by all Member Localities to support the ongoing operations of SPSA (“Post-2018 Agreement”); and WHEREAS, the SPSA Board of Directors has issued a Notice of Intent to Award a Waste Supply Agreement with RePower South, which Waste Supply Agreement would require SPSA to deliver annually 350,000 tons of municipal solid waste to the RePower facility; and WHEREAS, SPSA has expressed a commitment to eliminate all outstanding debt by January 2018; to reduce overall tipping fees for the Member Localities to the greatest extent possible; to ensure that private haulers are not offered lower tipping fees than the Member Localities; to provide uniform and fair treatment to all Member Localities; and to follow the guiding principles expressed in the SPSA Strategic Operating Plan; and WHEREAS, SPSA has further expressed a commitment to construct and operate a Transfer Station located in Portsmouth, which commitment is to be set forth in and governed by a Development Agreement by and between SPSA and the City; and WHEREAS, all other Member Localities have entered into Post-2018 Agreements and it is in the interest of the City of Portsmouth to enter into a Post-2018 Agreement, as and to the extent set forth in this Resolution; and WHEREAS , the City of Portsmouth’s Post-2018 Agreement shall expressly provide that in the event a Development Agreement for SPSA’s construction of a Transfer Station in Portsmouth on terms and conditions acceptable to the City of Portsmouth is not executed by all parties by January 31, 2017, the City shall have the right to terminate the Post-2018 Agreement without penalty; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that Resolution R-16-18 adopted on June 28, 2016 is hereby amended and restated in its entirety and shall be of no further force or effect. BE IT FURTHER RESOLIVED that it is the intent of the City of Portsmouth to remain a member of SPSA and to execute a Post-2018 Agreement and a Development Agreement providing for the construction of a Transfer Station in Portsmouth. BE IT FURTHER RESOLVED that the City Manager be, and she hereby is, authorized to execute and deliver on behalf of the City a Development Agreement with SPSA for the construction of a Portsmouth Transfer Station within the geographical limits of the City of Portsmouth.