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10/26/2020 <br />of the current Rate Year, specifying the date on which the Member <br />intends to withdraw. <br />c. The approval of such withdrawal by a 4/5 affirmative vote of Equity <br />Members; and <br />WHEREAS, pursuant to Section 15.1.a. of the JPA, the Board of Directors of SBWMA <br />("Board") is required to determine the amount necessary for Atherton to achieve "the liquidation <br />in full of its proportion of any and all existing debts, obligations, and liabilities incurred, earned, or <br />expected to be earned by the date of withdrawal;" and <br />WHEREAS, pursuant to Section 15.1.c.of the JPA, four-fifths (10) of the Member Agencies <br />are then required to approve the withdrawal in order for it to be effective; and <br />WHEREAS, on August 20, 2020, the Board held a properly noticed hearing to determine <br />Atherton's liquidation obligation, and considered the staff report and all evidence, oral and <br />documentary, presented to it at the hearing; and <br />WHEREAS, the Board, having reviewed and considered the evidence presented, and <br />based thereon, determines that in order to satisfy its requirement under Section 15.1.a., Atherton <br />must fully defease its proportionate share of the 2019A and 2019B bonds which is 3.24 percent, <br />based on Atherton's share of SBWMA's overall franchise tonnage in 2019, the cost to defease <br />Atherton's bond share is estimated to be $2,203,016 ($2,103,016 to defease + $100,000 costs), <br />and the actual amount is subject to adjustment depending on market conditions at the time of <br />defeasance; and <br />WHEREAS, having made this determination, the SBWMA Board directed its staff to work <br />with SBWMA's financial consultants and Atherton staff to ensure the defeasance of the bonds <br />occurs prior to December 31, 2020; and <br />WHEREAS, the Board further recommended to its Member Agencies that they review and <br />approve Atherton's withdrawal from the SBWMA, effective December 31, 2020, provided that on <br />or before December 31, 2020, Atherton satisfies its obligation to liquidate its proportionate share <br />of debt, as determined by the Board; and <br />WHEREAS, pursuant to JPA Section 15.1.c, 4/5 of the Member Agencies, defined as <br />Equity Members, must, before December 31, 2020, approve Atherton's withdrawal in order for it <br />to be effective; and <br />WHEREAS, the City of Redwood City is an Equity Member of the SBWMA empowered by <br />the JPA to consent to Atherton's withdrawal; and <br />ATTY/RESO.0115/CC RESO APPROVING ATHERTON'S WITHDRAWAL FROM SOUTH BAYSIDE WASTE MANAGEMENT <br />RESO. NO. 15898 <br />REV: 10-08-2020 MI MUFF NO. 304 <br />Page 2 of 3 <br />