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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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(j) The City will furnish such information, execute such instruments and take such <br />other action not inconsistent with law or established policy of the City in cooperation with the <br />Underwriter as may be reasonably requested (i) to qualify the Bonds for offer and sale under the <br />Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United <br />States of America as may be designated by the Underwriter and (ii) to determine the eligibility of <br />the Bonds for investment under the laws of such states and other jurisdictions; provided that (x) <br />the Underwriter shall be responsible for all costs relating to such determination and qualification, <br />(y) the City shall not be required to register as a dealer or a broker of securities or to consent to <br />service of process with any blue sky filing, and (z) the City shall not be required to execute a general <br />or special consent to service of process or qualify to do business in connection with any such <br />qualification or determination in any jurisdiction. <br />(k) The City Documents when executed by the City, will be legal, valid and binding <br />obligations of the City enforceable in accordance with their respective terms, subject to bankruptcy, <br />insolvency, reorganization, moratorium, other laws affecting creditors rights generally, to the <br />application of equitable principles if equitable remedies are sought and to limitations on remedies <br />against cities and counties under California law. <br />(1) All material authorizations, approvals, licenses, permits, consents and orders of <br />any governmental authority, legislative body, board, court, agency or commission having <br />jurisdiction of the matter which are required for the due authorization of, which would constitute a <br />condition precedent to, or the absence of which would materially adversely affect the due <br />performance by the City of, its respective obligations under City Documents have been duly <br />obtained or when required for future performance are expected to be obtained, except for such <br />approvals, consents and orders as may be required under the Blue Sky or securities laws of any <br />state in connection with the offering and sale of the Bonds. <br />(m) The financial statements of the City for the fiscal year ended June 30, 2018, set <br />forth as Appendix B to the Official Statement fairly present the financial position of the City as of <br />the dates indicated therein and the results of its operations, the sources and uses of its cash and the <br />changes in its fund balances for the periods therein specified to the extent included therein and, <br />other than as set forth in the Official Statement, were prepared in conformity with generally <br />accepted accounting principles applied on a consistent basis. <br />(n) The City has no current intention to, and will not, prior to the Closing Date, offer <br />or issue bonds, notes or other obligations for borrowed money or incur any material liabilities direct <br />or contingent, except in the ordinary course of business, without prior notice to the Underwriter. <br />(o)The City is not presently, and as a result of the sale of the Bonds will not be, in violation <br />of any debt limitation, appropriation limitation or any similar restrictive provision of the California <br />Constitution or statutes. <br />(p) To the best knowledge of the City, the City has not defaulted in the payment of <br />principal or interest with respect to any of its bonds in the past 10 years. <br />(q) The City will undertake, pursuant to the Resolution and a Continuing Disclosure <br />Agreement to provide certain annual financial information and notices of the occurrence of certain <br />enumerated events pursuant to paragraph (b)(5) of Rule 15c2-12. An accurate description of this <br />undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official <br />Statement. The City has been and is in compliance with its continuing disclosure obligations under <br />Rule 15c2-12, as described in the Official Statement. <br />55A5130 <br />
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