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21 ATTACHMENT 3
City of Pleasanton
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2021
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072021
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21 ATTACHMENT 3
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7/15/2021 2:13:11 PM
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7/15/2021 1:02:08 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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21
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\CITY CLERK\AGENDA PACKETS\2021\072021
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<br />86 <br />LAVWMA. [TO BE UDPATED PRIOR TO POSTING] LAVWMA has not failed to comply <br />in all material respects with an undertaking under the Rule in the previous five years. <br /> <br />DSRSD. [TO BE UDPATED PRIOR TO POSTING] Within the last five years, DSRSD <br />failed to comply with certain continuing disclosure undertakings relating to its 2011 Water <br />Revenue Refunding Bonds (“2011 DSRSD Bonds”) and the 2011 Bonds. The failures to comply <br />consisted of the following: <br /> <br />(i) For the 2011 DSRSD Bonds, <br /> <br />(1) the District filed portions of its annual reports up to nearly two years late for <br />fiscal year 2016; and <br /> <br />(2) a listed event notice was filed late for a rating change following an upgrade <br />in the District’s rating. <br /> <br />(ii) For the 2011 Bonds, a listed event notice was filed late for a rating change following <br />an upgrade in the LAVWMA’s rating. <br /> <br />The District adopted a Debt Disclosure Policy (the “Debt Disclosure Policy”) on July 18, <br />2017, which designates the Treasurer of the District as the District’s disclosure coordinator (the <br />“Disclosure Coordinator”). Under the Debt Disclosure Policy, the Disclosure Coordinator is <br />responsible for establishing a system (which may involve the retention or one or more consultants) <br />by which the District will (i) make the annual filings required by its continuing disclosure <br />undertakings on a complete and timely basis and (ii) file notices of enumerated events on a timely <br />basis. The Debt Disclosure Policy also requires that the Disclosure Coordinator ensure that the <br />members of the District’s staff involved in the continuing disclosure process are properly trained <br />to understand and perform their responsibilities. <br /> <br />Livermore. [TO BE UDPATED PRIOR TO POSTING] Livermore and its related entities, <br />most notably the Successor Agency to the Livermore Redevelopment Agency (“Livermore <br />Successor Agency”), have not complied in the past five years with all of their obligations <br />established by previous continuing disclosure undertakings. Specifically, (i) the Livermore <br />Successor Agency’s audit and operating data were not timely filed for fiscal year 2015-16 and (ii) <br />certain of Livermore’s operating data was not timely filed for fiscal 2016-17, as required by certain <br />undertakings. <br /> <br />Pleasanton. [TO BE UDPATED PRIOR TO POSTING] Pleasanton has not failed to <br />comply in all material respects with an undertaking under the Rule in the previous five years. <br /> <br /> <br />NO LITIGATION <br /> <br />There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or <br />by any court, governmental agency, public board or body, pending or, to the best knowledge of <br />LAVWMA after reasonable investigation, threatened against LAVWMA (i) affecting the existence <br />of LAVWMA or the titles of its officers to their respective offices or (ii) affecting or seeking to <br />prohibit, restrain or enjoin the issuance, sale or delivery of the 2021 Bonds or (iii) contesting or <br />affecting, as to LAVWMA, the validity or enforceability of the 2021 Bonds, the Sewer Service <br />Contract or the Indenture (iv) contesting the powers of LAVWMA or its authority to enter into,
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