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Ord 2003-068
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Ord 2003-068
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Last modified
9/18/2007 4:20:01 PM
Creation date
5/13/2004 8:50:19 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2003-68
Date
11/10/2003
Volume Book
154
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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 federal <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 />J. Release, substitution, or sale of property securing repayment of the Bonds; and <br /> <br />K. Rating changes. <br /> <br /> The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any <br />failure by the City to provide financial information or operating data in accordance with Section 14.02 of <br />this Ordinance by the time required by such Section. <br /> <br />Section 13.04. Limitations, Disclaimers, and Amendments. <br /> <br /> The City shall be obligated to observe and perform the covenants specified in this Article for so long <br />as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the <br />meaning of the Rule, except that the City in any event will give notice of any deppsit made in accordance <br />with Article XIII or Tex. Gov't Code Ann. ch. 1207, as amended, that causes Bonds no longer to be <br />outstanding. <br /> <br /> The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the <br />Bonds and the beneficial owners of the City's bonds if the City is an "obligated person" with respect to the <br />City's bonds under the Rule, and nothing in this Article, express or implied, shall give any benefit or any <br />legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only <br />the financial information, operating data, financial statements, and notices which it has expressly agreed to <br />provide pursuant to this Article and does not hereby undertake to provide any other information that may be <br />relevant or material to a complete presentation of the City's financial results, condition, or prospects or <br />hereby undertake to update any information provided in accordance with this Article or otherwise, except <br />as expressly provided herein. The City does not make any representation or warranty concerning such <br />information or its usefulness to a decision to invest in or sell Bonds at any future date. <br /> <br />R:\San Marcos\WWSS.03\Docs\Ordinance\WS Ord Final.wpd 32 <br /> <br /> <br />
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