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(a) Annual Audit Reporting. The City shall provide to the Executive Administrator of <br /> the Texas Water Development Board, without the necessity of a written request therefor, a copy <br /> of the City's annual audit report,to be submitted without charge,within six months of the close of <br /> each City fiscal year. <br /> (b) As-Built Plans. The City shall provide to the Texas Water Development Board a <br /> full and complete set of"as-built" plans relating to the Project to be financed with the proceeds of <br /> the Certificates,promptly upon completion of such Project. <br /> (c) Final Accounting. Upon completion of the Project to be financed with the proceeds <br /> of the Certificates,the City shall render a final accounting of the cost of such project to the Texas <br /> Water Development Board. If the total cost of such project, as finally completed, is less than <br /> originally estimated, so that the proper share of the participation by the Texas Water Development <br /> Board in such project is reduced,the City shall return to the Texas Water Development Board the <br /> amount of such excess to the nearest multiple of the denomination of the Certificates, whereupon <br /> the Texas Water Development Board shall cancel and return to the City a like amount of said <br /> Certificates held by the Texas Water Development Board. The Certificates to be canceled and <br /> returned shall be chosen in inverse order of maturity. The remainder of any such excess, an <br /> amount less than$5,000, shall be deposited into the Interest and Sinking Fund. <br /> (d) Covenant to Abide with Rules. The City will abide with all applicable laws of the <br /> State of Texas and Rules of the Texas Water Development Board relating to the loan of funds <br /> evidenced by the Certificates and the Project for which the Certificates are issued, sold and <br /> delivered. <br /> (e) Insurance. The City agrees to maintain casualty and other insurance on the System <br /> of a kind and in an amount customarily carried by municipal corporations owning and operating <br /> similar properties and in an amount sufficient to protect the interests of the TWDB in the Project. <br /> (f) Records and Accounts. The City agrees and covenants that it will maintain current, <br /> accurate and complete records and accounts regarding the System improvements in accordance <br /> with 31 TAC 375.71(a)(2)(G). <br /> (g) Environmental Determinations. The City agrees and covenants that it will comply <br /> with any special conditions of the Executive Administrator's environmental determination in <br /> accordance with 31 TAC 375.71(a)(8). <br /> (h) Environmental Expenditures. The City covenants and agrees that none of the <br /> proceeds of the Certificates will be expended on costs incurred or to be incurred relating to the <br /> sampling, testing, removing or disposing of potentially contaminated soils and/or media at the <br /> project site. <br /> (I) Indemnification. The City further agrees,to the extent permitted by law and solely <br /> from water and wastewater funds provided by the City to indemnify,hold harmless and protect the <br /> Texas Water Development Board from any and all claims or causes of action arising from the <br /> pf sampling,analysis,transport,removal and off-site disposition of any contaminated media that may <br /> be generated by the City, its contractors, consultants, agents, officials and employees as a result of <br /> activities related to the City. <br /> 21 <br /> SAN MARCOS(TW DR)CTRCO 2018i Ordinance <br />