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the Installment Purchase Agreement. Such rate increases could increase the likelihood of nonpayment, and could <br />also further decrease demand. There can be no assurance that any other entity with regulatory authority over the <br />Water System will not adopt further restrictions on operation of the Water System. <br />Water System Expenses <br />There can be no assurance that the City's expenses for the Water System will be consistent with the levels <br />described in this Official Statement. Changes in technology, new regulatory requirements, inflation, including <br />increases in the cost of energy, supplies, and other expenses would reduce Net System Revenues, and could require <br />substantial increases in rates or charges in order to comply with the rate covenant. Additionally, the cost of <br />purchasing water from MWD continues to increase. Such rate increases could increase the likelihood of <br />nonpayment, and could also decrease demand. <br />Parity Obligations <br />Although the City has covenanted not to issue additional obligations payable from Net System Revenues <br />senior to the Installment Payments, the Installment Purchase Agreement permits the issuance by the City of certain <br />indebtedness which may have a lien upon the Net System Revenues which is on a parity basis to the lien which <br />secures the Installment Payments, if certain coverage tests are met (see "THE BONDS — Issuance of Parity <br />Obligations" herein). These coverage tests involve, to some extent, projections of Net System Revenues. If such <br />indebtedness is issued or incurred, the debt service coverage for the Installment Payments securing the Bonds will <br />be diluted below what it otherwise would be subject to under the coverage tests. Moreover, there is no assurance <br />that the assumptions which form the basis of such projections, if any, will be actually realized subsequent to the <br />date of such projections. If such assumptions are not realized, the amount of future Net System Revenues may be <br />less than projected, and the actual amount of Net System Revenues may be insufficient to provide for the payment <br />of the Installment Payments and such additional indebtedness. <br />Proposition 218 <br />On November 5, 1996, the voters of the State approved Proposition 218, the "Right to Vote on Taxes <br />Act." Proposition 218 added Articles XIIIC and XIIID to the State Constitution, which contain a number of <br />provisions affecting the ability of the City to levy and collect both existing and future taxes, assessments, fees and <br />charges. Proposition 218 also extends the initiative power to reducing or repealing any local taxes, assessments, <br />fees and charges. This extension of the initiative power is not limited to taxes, assessments, fees and charges <br />imposed on or after November 6, 1996, the effective date of Proposition 218, and could result in retroactive repeal <br />or reduction in any existing taxes, assessments, fees or charges, except those which are pledged to the repayment <br />of debt. If such a repeal or reduction in City fees or charges were to occur, and it was held that any such taxes, <br />assessments, fees or charges were not pledged to any debt repayment, the City's ability to make Installment <br />Payments could be adversely affected. <br />hi addition, while the matter is not free from doubt, Proposition 218 imposed restrictions on the levy of <br />charges for "property -related services." In July 2006 the California Supreme Court confirmed that a public <br />agency's charges for ongoing water delivery are "fees and charges" within the meaning of Proposition 218. As a <br />result, voters within the boundaries of the City could adopt an initiative measure that reduced or repealed water <br />rates and charges levied by the City, although it is not clear (and has not been determined by State courts) whether <br />such action would be enforceable where such fees and charges are pledged to the repayment of indebtedness. <br />The City's current fees for water service were adopted in accordance with the requirements of Proposition <br />218. The City believes that its fees for water service will not be adversely affected by the application of the <br />procedural requirements of Proposition 218, and that Proposition 218 would not have any immediate adverse <br />effect on its ability to operate its Water System. However, there can be no assurance of the availability of remedies <br />to protect fully the interest of the holders of the Bonds. In addition, Proposition 218 affects the levy of rates and <br />charges of certain public agency customers of the City. <br />30 <br />