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Official Statement Airport Commission City and County of San ...

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Initiative, Referendum <strong>and</strong> Charter Amendments<br />

The ability <strong>of</strong> the <strong>Commission</strong> to comply with its covenants under the 1991 Master Resolution <strong>and</strong> to<br />

generate revenues sufficient to pay the principal <strong>of</strong> <strong>and</strong> interest on the 2010A Bonds may be adversely affected by<br />

actions <strong>and</strong> events outside the control <strong>of</strong> the <strong>Commission</strong>, including without limitation by actions taken (or not<br />

taken) by voters.<br />

Under the State Constitution, the voters <strong>of</strong> the State have the ability to initiate legislation <strong>and</strong> require a<br />

public vote on legislation passed by the State Legislature through the powers <strong>of</strong> initiative <strong>and</strong> referendum,<br />

respectively. Under the Charter, the voters <strong>of</strong> the <strong>City</strong> can restrict or revise the powers <strong>of</strong> the <strong>Commission</strong> through<br />

the approval <strong>of</strong> a Charter amendment. The <strong>Commission</strong> is unable to predict whether any such initiatives might be<br />

submitted to or approved by the voters, the nature <strong>of</strong> such initiatives, or their potential impact on the <strong>Commission</strong> or<br />

the <strong>Airport</strong>.<br />

Risk <strong>of</strong> Tax Audit <strong>of</strong> Municipal Issuers<br />

The Internal Revenue Service (the “IRS”) includes a Tax Exempt <strong>and</strong> Government Entities Division<br />

(the “TE/GE Division”). The TE/GE Division has a subdivision that is specifically devoted to tax-exempt bond<br />

compliance. The number <strong>of</strong> tax-exempt bond examinations (including <strong>of</strong> the issuance <strong>of</strong> securities such as the<br />

2010A Bonds) has increased significantly under the TE/GE Division. The <strong>Commission</strong> can provide no assurance<br />

that if an IRS examination <strong>of</strong> the Bonds issued by the <strong>Commission</strong> as tax-exempt bonds was undertaken that it<br />

would not adversely affect the market value <strong>of</strong> the 2010A Bonds. See “TAX MATTERS.” The <strong>Commission</strong> has not<br />

been the subject <strong>of</strong> an audit, is not currently the subject <strong>of</strong> any ongoing audit, nor has it been notified by the IRS<br />

regarding the possibility <strong>of</strong> any such audit.<br />

Future Legislation<br />

The <strong>Airport</strong> is subject to various laws, rules <strong>and</strong> regulations adopted by the local, State <strong>and</strong> federal<br />

governments <strong>and</strong> their agencies. The <strong>Commission</strong> is unable to predict the adoption or amendment <strong>of</strong> any such laws,<br />

rules or regulations, or their effect on the operations or financial condition <strong>of</strong> the <strong>Airport</strong>.<br />

Introduction<br />

SAN FRANCISCO INTERNATIONAL AIRPORT<br />

<strong>San</strong> Francisco International <strong>Airport</strong>, which is owned <strong>and</strong> operated by the <strong>City</strong>, is the principal commercial<br />

service airport for the <strong>San</strong> Francisco Bay Area. The <strong>Airport</strong> is located 14 miles south <strong>of</strong> downtown <strong>San</strong> Francisco in<br />

an unincorporated area <strong>of</strong> <strong>San</strong> Mateo <strong>County</strong> between the Bayshore Freeway (U.S. Highway 101) <strong>and</strong> the <strong>San</strong><br />

Francisco Bay. According to final data for Calendar Year 2008 from the <strong>Airport</strong>s Council International (the “ACI”),<br />

the <strong>Airport</strong> ranked 10th in the United States in terms <strong>of</strong> passengers <strong>and</strong> 14th in terms <strong>of</strong> air cargo tonnage.<br />

According to 2008 U.S. Department <strong>of</strong> Transportation (“U.S. DOT”) Statistics, the <strong>Airport</strong> is also a major domestic<br />

origin <strong>and</strong> destination point (10th in the United States) <strong>and</strong> one <strong>of</strong> the nation’s principal gateways for Pacific traffic<br />

<strong>and</strong> serves as a domestic hub <strong>and</strong> Pacific gateway for United Airlines.<br />

Organization <strong>and</strong> Management<br />

Under the Charter, the <strong>Commission</strong> is responsible for the operation <strong>and</strong> management <strong>of</strong> the <strong>Airport</strong>, which<br />

is a department <strong>of</strong> the <strong>City</strong>. The <strong>Commission</strong> consists <strong>of</strong> five members appointed by the Mayor for four-year<br />

overlapping terms. All appointments are subject to rejection by a two-thirds vote <strong>of</strong> the Board <strong>of</strong> Supervisors <strong>and</strong><br />

any member may be removed by a three-fourths vote <strong>of</strong> the Board <strong>of</strong> Supervisors for <strong>of</strong>ficial misconduct.<br />

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