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<br />including debt owed by SPSA to VRA; and thus Portsmouth and other SPSA members are <br />already legally obligated to prevent any default on the VRA debt; and <br /> <br />WHEREAS, there are several private waste and energy companies desirous of acquiring and <br />privatizing SPSA in whole or in part, and SPSA must have interim financial stability in order to <br />have time to properly the evaluate the merits of these various proposals, and the VRA <br />Restructuring will provide the needed degree of interim financial stability; and <br /> <br />WHEREAS, Portsmouth City Council recognizes the need for privatization because of the <br />history of mismanagement of SPSA, and the Council hereby expresses agreement with the <br />following findings of SPSA mismanagement from an October, 2008 study duly conducted by the <br />Virginia Auditor of Public Accounts: <br />· SPSA has not adequately developed and implemented a strategic plan. <br />· SPSA has consumed assets without paying off the related debt. <br />· SPSA has operated and priced programs and services without evaluating their associated <br />costs. <br />· SPSA has set fees without knowledge of other options for customers. <br />· SPSA has not reassessed business decisions as conditions changed. <br />· SPSA has not adequately funded future liabilities; and <br /> <br />WHEREAS, there is a profound need for reform, restructuring, and/or privatization of SPSA; <br />and House Bill 1872, patroned by Delegate John Cosgrove, now enacted into law as Section <br />15.2-5102.1 of the Code of Virginia (the "Cosgrove Bill," incorporated herein as Exhibit B, will <br />for the first time require such reforms, effective July 1,2009, including: <br />· the requirement of an overall five-year strategic plan <br />· limitation on activities not associated with SPSA's core purpose <br />· the requirement of a detailed strategic operating plan <br />· outsourcing or privatization of all functions that will result in reduced costs <br />· evaluation of landfill capacity <br />· detailed cost accounting requirements <br />· detailed financing plan, including a plan for the retirement of debt <br />· strict due diligence requirements prior to the issuance of any new debt, coupled with a <br />restriction on new debt unless approved by a 75% supermajority vote of the governing <br />body <br />· strict compliance with the Virginia Freedom of Information Act; and <br />· restrictions on contracting without informed approval of the governing body <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, THAT: <br /> <br />The City Council finds that undertaking the VRA Restructuring will further the following four <br />important objectives: <br />