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55A - RESO - GAS TAX BONDS
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11/05/2019
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55A - RESO - GAS TAX BONDS
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Last modified
10/30/2019 12:55:49 PM
Creation date
10/30/2019 11:40:51 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
11/5/2019
Destruction Year
2024
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CERTAIN LEGAL MATTERS <br />Best Best & Krieger, LLP, Bond Counsel, will render an opinion with respect to the validity of the Bonds, <br />the form of which opinion is set forth in Appendix D. Bond Counsel has assumed no responsibility for the <br />accuracy, completeness or fairness of the Official Statement. Certain legal matters will also be passed upon for <br />the City by Best Best & Krieger LLP, as Disclosure Counsel, and as the City Attorney, and for the Underwriter <br />by Curls Bartling P.C., Oakland, California, as Underwriter's Counsel. Payment of the fees and expenses of <br />Disclosure Counsel is contingent upon issuance of the Bonds. <br />FINANCIAL STATEMENTS <br />The City's comprehensive annual financial report for the Fiscal Year ended June 30, 2018, included in <br />Appendix B, have been audited by White Nelson Diehl Evans LLP (the "Auditor'). The Auditor was not requested <br />to consent to the inclusion of its report in Appendix B and it has not undertaken to update its report or to take any <br />action intended or likely to elicit information concerning the accuracy, completeness or fairness of the statements <br />made in the Official Statement, and no opinion is expressed by the Auditor with respect to any event subsequent <br />to the date of its report. <br />MUNICIPAL ADVISOR <br />Urban Futures, Inc., Tustin, California, is engaged as Municipal Advisor to the City in connection with <br />the issuance of the Bonds. The Municipal Advisor's fee for services rendered with respect to the sale of the Bonds <br />is contingent upon the issuance and delivery of the Bonds. The Municipal Advisor does not assume any <br />responsibility for the information, covenants and representations contained in any of the legal documents with <br />respect to the federal income tax status of the Bonds, or the possible impact of any present, pending, or future <br />actions taken by any legislative or judicial bodies. <br />The Municipal Advisor has provided the following sentence for inclusion in this Official Statement. The <br />Municipal Advisor has reviewed the information in this Official Statement in accordance with, and as part of, its <br />responsibilities to the City and, as applicable, to investors under the federal securities laws as applied to the facts <br />and circumstances of this transaction, but the Municipal Advisor does not guarantee the accuracy or completeness <br />of such information. <br />In connection with the issuance and delivery of the Bonds, S&P Global Ratings ("S&P') is expected to <br />assign their municipal bond rating of" "to the Bonds with the understanding that, upon delivery of such Bonds, <br />a policy insuring the payment when due of the principal of and interest on the Bonds will be issued by <br />. S&P has assigned their underlying municipal bond rating of " " to the Bonds. Such ratings <br />reflect only the views of such organization and any desired explanation of the significance of such rating should <br />be obtained from the rating agency furnishing the same. Generally, a rating agency bases its rating on the <br />information and materials furnished to it and on investigations, studies and assumptions of its own. There is no <br />assurance that this rating will continue for any given period of time or that this rating will not be revised downward <br />or withdrawn entirely by S&P, if in the judgment of such rating agency, circumstances so warrant. Any such <br />downward revision or withdrawal of any rating obtained may have an adverse effect on the market price of the <br />Bonds. <br />Any such downward change in or withdrawal of a rating might have an adverse effect on the market price <br />or marketability of the Bonds. <br />LITIGATION <br />There is no controversy or litigation of any nature now pending against the City (with service of process <br />having been completed), or to the knowledge of its officers, threatened, restraining or enjoining the issuance, sale, <br />255A1108 <br />
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