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October 23, 2018 <br /> <br /> During its 2018 session the Virginia General Assembly adopted an amendment to <br />the Act eliminating the two-term limitation for members of the SPSA Board of Directors <br />who are appointed by member localities. <br /> <br />Discussion: <br /> <br /> SPSA must amend its Articles of Incorporation to remain consistent with the <br />Virginia Code. <br /> <br /> To effectuate the amendment, counsel for SPSA has prepared drafts of proposed <br />Amended and Restated Articles of Incorporation and a Concurrent Resolution approving <br />same. <br /> <br /> A City Resolution has been prepared for City Council consideration. The City <br />Resolution authorizes the Mayor to execute both the Concurrent Resolution and the <br />Amended and Restated Articles of Incorporation on behalf of the City. <br /> <br /> The Amended and Restated Articles of Incorporation do not limit City Council’s <br />authority to appoint or remove the local representative to SPSA from time to time in its <br />discretion. <br /> <br /> As required by the Virginia Code, a public hearing will be held prior to consideration <br />of the draft Resolution by City Council. <br /> <br />Financial Impact: <br /> <br /> <br /> None. <br /> <br />Recommended Action: <br /> <br /> <br /> Adoption of the resolution. <br /> <br />Next Steps Following Council Action: <br /> <br /> The Concurrent Resolution and the Amended and Restated Articles of <br />Incorporation will be presented to the Mayor for signature. <br /> <br />Motion by Mr. Smith, and seconded by Ms. Psimas, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION APPROVING (1) A CONCURRENT RESOLUTION ADOPTING <br />AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE <br />SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AND (2) AMENDED <br />AND RESTATED ARTICLES OF INCORPORATION OF THE SOUTHEASTERN <br />PUBLIC SERVICE AUTHORITY OF VIRGINIA, AND AUTHORIZING THE MAYOR TO <br />EXECUTE SAME. <br /> <br />WHEREAS, <br /> the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and <br />Virginia Beach, and the counties of Isle of Wight and Southampton (“Member Localities”) <br />created the Southeastern Public Service Authority of Virginia (“SPSA”) pursuant to the <br />Virginia Water and Waste Authorities Act (the “Act”), Va. Code § 15.2-5100, et seq.; and <br /> <br />WHEREAS, <br /> during its 2018 session, the Virginia General Assembly adopted an <br />amendment to the Act eliminating the two-term limitation for members of the SPSA Board <br />of Directors who are appointed by Member Localities; and <br /> <br />WHEREAS, <br /> it is necessary to amend the SPSA Articles of Incorporation to <br />incorporate the amendment to the Act; and <br /> <br />WHEREAS, <br /> counsel for SPSA has prepared drafts of (1) a Concurrent Resolution <br />Adopting Amended and Restated Articles of Incorporation for the Southeastern Public <br />Service Authority of Virginia and (2) Amended and Restated Articles of Incorporation of <br />the Southeastern Public Service Authority of Virginia (collectively, the “Documents”); and <br /> <br />WHEREAS, <br /> copies of the draft Documents are attached hereto as Exhibit A; and <br /> <br />WHEREAS, <br /> the Documents amend and restate the SPSA Articles of Incorporation <br />(1) to eliminate the two-term limitation for members of the SPSA Board of Directors who <br />are appointed by Member Localities and (2) to modify the defined term used to designate <br />members of the SPSA Board of Directors who are appointed by Member Localities; and <br /> <br /> <br /> <br /> <br />