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Ord 2005-099
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Ord 2005-099
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Last modified
9/18/2007 4:17:49 PM
Creation date
8/27/2007 9:03:05 AM
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Template:
City Clerk
City Clerk - Type
Certificates of Obligation
Number
2005-99
Date
12/7/2005
Volume Book
164
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<br />"Rule" means SEC Rule 15c2-12, as amended from time to time. <br /> <br />"SEe" means the United States Securities and Exchange Commission. <br /> <br />"SID" means any person designated by the State of Texas or an authorized department, officer, or <br />agency thereof as, and determined by the SEC or its staff to be, a state information depository within the <br />meaning of the Rule from time to time. <br /> <br />Section 13.02. Annual Reports. <br /> <br />The City shall provide annually to each NRMSIR and any SID, within six months after the end of <br />each fiscal year after the date of issuance of the Bonds financial information and operating data with respect <br />to the City of the general type described in Exhibit A hereto. Financial statements so to be provided shall <br />be (1) prepared in accordance with the accounting principles described in Exhibit A hereto and (2) audited, <br />if the City commissions an audit of such statements and the audit is completed within the period during <br />which they must be provided. If audited financial statements are not available at the time the financial <br />information and operating data must be provided, then the City shall provide unaudited financial statements <br />for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data <br />and will file the annual audit report when and if the same becomes available. <br /> <br />If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the <br />date of the new fiscal year end) prior to the next day by which the City otherwise would be required to <br />provide financial information and operating data pursuant to this Section. <br /> <br />The financial information and operating data to be p~ovided pursuant to this Section may be set forth <br />in full in one or more documents or may be included by specific reference to any document (including an <br />official statement or other offering document, if it is available from the MSRB) that theretofore has been <br />provided to each NRMSIR and any SID or filed with the SEC. <br /> <br />Section 13.03. Material Event Notices. <br /> <br />The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of <br />the following events with respect to the Bonds, if such event is material within the meaning of the feder~l <br />securities laws: <br /> <br />A. Principal and interest payment delinquencies; <br /> <br />B. Non-payment related defaults; <br /> <br />C. Unscheduled draws on debt service reserves reflecting financial difficulties; <br /> <br />D. Unscheduled draws on credit enhancements reflecting financial difficulties; <br /> <br />E. Substitution of credit or liquidity providers, or their failure to perform; <br /> <br />F. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; <br /> <br />G. Modifications to rights of holders of the Bonds; <br /> <br />H. Bond calls; <br /> <br />I. Defeasances; <br /> <br />San Marcos WS 2005A: Ordinance 11.16-2005 <br /> <br />33 <br />
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