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Section 16. APPROVAL OF OFFICIAL STATEMENT. The Pricing Officer is hereby <br />authorized to approve the Preliminary Official Statement and the Official Statement relating to the <br />Bonds and any addenda, supplement or amendment thereto, and to deem such documents final in <br />accordance with Rule 15c2 -12. The City further approves the distribution of such Official Statement <br />in the reoffering of the Bonds by the underwriter in final form, with such changes therein or additions <br />thereto as the Pricing Officer executing the same may deem advisable, such determination to be <br />conclusively evidenced by his execution thereof. <br />Section 17. INSURANCE PROVISIONS. In connection with the sale of the Bonds, the <br />City may obtain municipal bond insurance policies from one or more recognized municipal bond <br />insurance organizations (the "Bond Insurer" or "Bond Insurers ") to guarantee the full and complete <br />payment required to be made by or on behalf of the City on the Bonds. The Pricing Officer is hereby <br />authorized to sign a commitment letter with the Bond Insurer or Bond Insurers and to pay the <br />premium for the bond insurance policies at the time of the delivery of the Bonds to the underwriter <br />out of the proceeds of sale of the Bonds or from other available funds and to execute such other <br />documents and certificates as necessary in connection with the bond insurance policies as the Pricing <br />Officer may deem appropriate. Printing on the Bonds covered by the bond insurance policies a <br />statement describing such insurance, in form and substance satisfactory to the Bond Insurer and the <br />Pricing Officer, is hereby approved and authorized. The Pricing Certificate may contain provisions <br />related to the bond insurance policies, including payment provisions thereunder, and the rights of the <br />Bond Insurer or Insurers, and any such provisions shall be read and interpreted as an integral part of <br />this Ordinance. <br />Section 18. CONTINUING DISCLOSURE UNDERTAKING FOR BONDS SOLD <br />PRIOR TO DECEMBER 1, 2010. For all Bonds sold prior to December 1, 2010, the following <br />continuing disclosure undertaking shall apply: <br />(a) Annual Reports. The City shall provide annually to the MSRB, in an electronic format <br />as prescribed by the MSRB, within six months after the end of any fiscal year, financial information <br />and operating data with respect to the City as determined by the Pricing Officer at the time the Bonds <br />are sold. The Pricing Certificate shall specify such financial information and operating data of the <br />general type included in the final Official Statement authorized by Section 14 of this Ordinance, being <br />the information described in Exhibit "C" hereto. Any financial statements to be so provided shall be <br />(1) prepared in accordance with the accounting principles described in Exhibit "C" hereto, or such <br />other accounting principles as the City may be required to employ from time to time pursuant to state <br />law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit <br />is completed within the period during which they must be provided. If the audit of such financial <br />statements is not complete within such period, then the City shall provide unaudited financial <br />statements within such period, and audited financial statements for the applicable fiscal year to the <br />MSRB, when and if the audit report on such statements become available. <br />If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of <br />the new fiscal year end) prior to the next date by which the City otherwise would be required to <br />provide financial information and operating data pursuant to this Section. <br />San Marcos GORB 2010 - Delegated: Ordinance 25 <br />