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<br />(a) Providing substantial cash flow relief to Portsmouth and its citizens by facilitating the <br />establishment of lower tipping fees than SPSA currently has under consideration, and thus <br />reducing the burdens SPSA will impose on Portsmouth and its citizens; <br /> <br />(b) Providing sufficient interim financial stability for SPSA to make an informed decision about <br />various privatization proposals; <br /> <br />(c) Ensuring that SPSA can continue to provide service to the Owner Communities under the <br />existing use and support agreements and remain current on its debt service payments; and <br /> <br />(d) Providing adequate time to reform the SPSA business model, including time to properly <br />evaluate proposals to change SPSA facility ownership or operations. <br /> <br />The City Council further finds that it would be in the best interest of the citizens of Portsmouth <br />for Portsmouth to undertake its respective obligations set forth in the VRA Restructuring and <br />hereby approves such undertaking, subject to certain conditions. <br /> <br />Recognizing the pressing need for reform of SPSA and the prevention of further abuses, the City <br />Council makes its support for the VRA Restructuring contingent on the following conditions: <br /> <br />1. All seven other SPSA Owner Communities agreeing to assume their legally binding <br />financial responsibilities, as required by the VRA Restructuring, the VRAPRMC <br />Resolution and the VRA Additional Understandings; with those responsibilities being <br />generally described as general obligation backing for the VRA Restructuring by <br />Portsmouth, Suffolk, Isle of Wight, and Franklin, moral obligation backing for the VRA <br />Restructuring by Southampton, general obligation backing for the Wachovia line of credit <br />by Norfolk and Chesapeake, and Virginia Beach forgoing payment of certain amounts <br />owed to it by SPSA, with repayment to be subordinate to SPSA debt to VRA. <br /> <br />2. The Cosgrove Bill being duly enforced and implemented. <br /> <br />3. SPSA exercising due diligence and good faith in pursuing the transition to a new <br />business model, as described in the Hampton Roads Planning District Commission Solid <br />Waste Study, including the privatization of services and divestiture of assets and making <br />such other managerial and operational reforms as will promote fiscal viability and <br />efficient operations. <br /> <br />4. Portsmouth, or its designated representatives, being permitted full access in all <br />reasonable ways to review SPSA's efforts with regard to privatization, divestiture, and all <br />other conditions stated herein. <br /> <br />5. SPSA not borrowing additional funds other than the VRA Restructuring and credit <br />lines needed for working capital and capital improvements without the approval of <br />Portsmouth City Council and the governing bodies of a majority of other SPSA Owner <br />Communities. <br />