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AgdaPkt 2005-01-24
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AgdaPkt 2005-01-24
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Last modified
6/24/2011 10:49:35 AM
Creation date
1/20/2005 4:05:08 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
1/24/2005
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<br />outcome of the case) that a fee for ongoing water service through an existing connection could, <br />under certain circumstances, constitute a "property-related fee and charge," with the result that <br />a local government imposing such a fee and charge would be required to comply with the notice, <br />hearing and protest requirements of Article XIIID. <br /> <br />In late April 2004 the Supreme Court vacated the decision of the Fourth Appellate District <br />in the Bighorn case and directed reconsideration in light of the Richmond case. No assurance <br />can be given as to the outcome of the Bighorn case on reconsideration. <br /> <br />Future Interpretation of Proposition 218. The provisions of Proposition 218 have <br />not been fully interpreted by the courts. The City is unable to predict how Article XIIIC and Article <br />XIIID will be interpreted by the courts and what, if any, further implementing legislation will be <br />enacted, and there can be no assurance that Article XIIIC and Article XIIID will not be interpreted <br />to limit the ability of the City to impose, levy, charge and collect increased fees and charges for <br />the Enterprise in the future. <br /> <br />Future Initiatives <br /> <br />Article XII lA, Article XIIIB and Proposition 218 were each adopted as measures that <br />qualified for the ballot through California's initiative process. From time to time other initiative <br />measures could be adopted, further affecting the City's revenues. <br /> <br />OTHER INFORMATION <br /> <br />Certain Legal Matters <br /> <br />The validity of the Bonds and certain other legal matters are subject to the approving <br />opinion of Nossaman, Guthner, Knox & Elliott, LLP, Irvine, California, California, Bond Counsel. <br />Certain matters will be passed upon for the Issuer by Jones Hall, A Professional Law <br />Corporation, San Francisco, California, as Disclosure Counsel. Certain legal matters will be <br />passed upon for the Authority and the City by the City Attorney. <br /> <br />Payment of the fees and expenses of Bond Counsel and Disclosure Counsel is <br />contingent upon the issuance of the Bonds. <br /> <br />Bond Counsel has not undertaken any responsibility for the accuracy, completeness or <br />fairness of this Official Statement or other offering materials relating to the Bonds and expresses <br />no opinion relating thereto. <br /> <br />Continuing Disclosure <br /> <br />The City has covenanted on behalf of itself and the Authority, for the benefit of the <br />holders and beneficial owners of the Bonds, to provide certain financial information and <br />operating data relating to the City and the Bonds (the "Annual Report") by not later than nine <br />months after the end of the City's Fiscal Year, or March 31 of each year based on the City's <br />current Fiscal Year ending on June 30, commencing March 31 , 2005 with the report for the 2003- <br />04 Fiscal Year, and to provide notices of the occurrence of certain enumerated events, if <br />material. The City will file, or cause to be filed, the Annual Report with each Nationally <br />Recognized Municipal Securities Information Repository, and with the appropriate State <br />information depository, if any. The City will file, or cause to be filed, the notices of material <br />events with the Municipal Securities Rulemaking Board (and with the appropriate State <br />information depository, if any). The specific nature of the information to be contained in the <br /> <br />40 <br />
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