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13 WHEREAS , by concurrent resolution of the City Council of the City of Charlottesville, Virginia (the City) and the Board of Supervisors of the County of Albemarle, Virginia (the County) and a certificate of incorporation issued by the State Corporation Commission pursuant to the Virginia Water and Sewer Authorities Act (currently enacted as the Virginia Water and Waste Authorities Act, Virginia Code Section 15.2-5100 et seq.), the Rivanna Solid Waste Authority (the Authority) was incorporated as a public body politic and corporate in 1990; and, WHEREAS , the City and the County desire to amend and restate the Articles of Incorporation of the Authority to increase the number of members of the Board of the Authority from five (5) to seven (7) through the addition of one (1) member of the Charlottesville City Council, to be appointed by the City Council and to serve as an ex officio member of the Board, and one (1) member of the Albemarle County Board of Supervisors, to be appointed by the Board of Supervisors and to serve as an ex officio member of the Board; and to allow for the appointment of an Albemarle County Department head in place of the Albemarle County Engineer, if desired by the Board of Supervisors; and, WHEREAS , pursuant to Virginia Code Section 15.2-5104 the City and the County caused to be advertised in a newspaper of general circulation in the City and the County a descriptive summary of this Concurrent Resolution and the proposed change to the Authority’s Articles of Incorporation with a reference to the location in the City and the County where a copy of the Resolution could be obtained, and giving notice of the date on which public hearings would be held on the proposed Concurrent Resolution; and, WHEREAS , public hearings on the proposed Concurrent Resolution were held by the Charlottesville City Council on March 16, 2009 and by the Albemarle County Board of Supervisors on April 1, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia and the Board of Supervisors of Albemarle County, Virginia that: (1) The proposed amendment to the Articles of Incorporation for the Rivanna Solid Waste Authority which increases the number of members of the Board of the Authority from five (5) to seven (7) through the addition of one (1) member of the Charlottesville City Council, to be appointed by the City Council and to serve as an ex officio member of the Board, and one (1) member of the Albemarle County Board of Supervisors, to be appointed by the Board of Supervisors and to serve as an ex officio member of the Board, and allows for the appointment of an Albemarle County Department head in place of the Albemarle County Engineer, if desired by the Board of Supervisors, is hereby approved. (2) Pursuant to Virginia Code Section 15.2-5107, the City Council and the Board of Supervisors shall cause a certified copy of this Concurrent Resolution to be filed with the State Corporation Commission. (3) The Articles of Incorporation of the Rivanna Solid Waste Authority as amended and restated shall be substantially as follows: RESTATED ARTICLES OF INCORPORATION OF RIVANNA SOLID WASTE AUTHORITY The Council of the City of Charlottesville and the Board of Supervisors of the County of Albemarle having created an Authority pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended), as a public body politic and corporate, and having signified their intention to amend and restate its Articles of Incorporation pursuant to the Virginia Water and Waste Authorities Act (Chapter 51 of Title 15.2 of the Code of Virginia, 1950, as amended), hereby certify: (1) The name of the Authority is “Rivanna Solid Waste Authority” and the address of its principal office shall be Charlottesville, Virginia. (2) The names of the incorporating political subdivisions are the City of Charlottesville and the County of Albemarle.