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Finance Highlights 2011 1202
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Finance Highlights 2011 1202
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12/13/2011 6:20:44 PM
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12/13/2011 6:17:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
12/2/2011
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_CC Agenda 2011 1219
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1219
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RISK FACTORS <br />The following factors, along with other information in this Official Statement, should be <br />considered by potential investors in evaluating the risks in the purchase of the Bonds. However, <br />the following is not an exhaustive listing of risk factors and other considerations which may be <br />relevant to an investment in the Bonds and the order in which they are presented is not <br />intended to reflect the relative importance of such risks. There can be no assurance that other <br />risk factors will not become evident at any future time. <br />Limitations on Remedies Available; Bankruptcy <br />The enforceability of the rights and remedies of the Owners and the obligations of the <br />City may become subject to the following: the federal bankruptcy code and applicable <br />bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting the <br />enforcement of creditors' rights generally, now or hereafter in effect; usual equitable principles <br />which may limit the specific enforcement under state law of certain remedies; the exercise by <br />the United States of America of the powers delegated to it by the Federal Constitution; and the <br />reasonable and necessary exercise, in certain exceptional situations, of the police power <br />inherent in the sovereignty of the State of California and its governmental bodies in the interest <br />of servicing a significant and legitimate public purpose. <br />The opinions of counsel, including Bond Counsel, delivered in connection with the <br />issuance of the Bonds will be so qualified. Bankruptcy proceedings, or the exercising of powers <br />by the federal or state government, if initiated, could subject the Owners to judicial discretion <br />and interpretation of their rights in bankruptcy or otherwise and consequently may entail risks of <br />delay, limitation, or modification of their rights. <br />Assessed Value of Taxable Property; Delinquent Payment of Property Taxes <br />Natural and economic forces can affect the assessed value of taxable property within the <br />City. The City is located in a seismically active region, and damage from an earthquake in or <br />near the area could cause moderate to extensive damage to taxable property. Other natural or <br />manmade disasters, such as flood, fire, toxic dumping, coastal erosion or acts of terrorism, <br />could cause a reduction in the assessed value of taxable property within the City. Economic and <br />market forces, such as a downturn in the regional economy generally, can also affect assessed <br />values, particularly as these forces might reverberate in the residential housing and commercial <br />property markets. In addition, the total assessed value can be reduced through the <br />reclassification of taxable property to a class exempt from taxation, whether by ownership or <br />use (such as exemptions for property owned by State and local agencies and property used for <br />qualified educational, hospital, charitable or religious purposes). <br />Reductions in the market values of taxable property may cause property owners to <br />appeal assessed values and may also be associated with an increase in delinquency rates for <br />taxes. Section 2(b) of Article XIII A of the California Constitution and Section 51 of the Revenue <br />and Taxation Code, which follow from "Proposition 8 ", require the County assessor to annually <br />enroll either a property's adjusted base year value (its "Proposition 13 Value ") or its current <br />market value, whichever is less. When the current market value replaces the higher Proposition <br />13 Value on the assessor's roll, that lower value is referred to as its "Proposition 8 Value ". <br />13 <br />
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