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Ord 2011-072
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Ord 2011-072
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Last modified
12/20/2012 1:44:31 PM
Creation date
4/18/2012 11:27:23 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2011-072
Date
12/6/2012
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or Defeasance Securities have been so set aside in trust. Until all Defeased Certificates shall have <br />become due and payable, the Paying Agent/Registrar shall perform the services of Paying <br />Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the City <br />shall make proper arrangements to provide and pay for such services as required by this Ordinance. <br />(d) Notwithstanding anything elsewhere in this Ordinance, if money or Defeasance <br />Securities have been deposited or set aside with the Paying Agent/Registrar or an eligible trust <br />company or commercial bank pursuant to this Section for the payment of Certificates and such <br />Certificates shall not have in fact been actually paid in full, no amendment of the provisions of this <br />Section shall be made without the consent of the registered owner of each Certificate affected <br />thereby. <br />(e) Notwithstanding the provisions of subsection (a) immediately above, to the extent that, <br />upon the defeasance of any Defeased Certificate to be paid at its maturity, the City retains the right <br />under Texas law to later call that Defeased Certificate for redemption in accordance with the <br />provisions of this Ordinance, the City may call such Defeased Certificate for redemption upon <br />complying with the provisions of Texas law and upon the satisfaction of the provisions of subsection <br />(a) immediately above with respect to such Defeased Certificate as though it was being defeased at <br />the time of the exercise of the option to redeem the Defeased Bond and the effect of the redemption <br />is taken into account in determining the sufficiency of the provisions made for the payment of the <br />Defeased Certificate. <br />ARTICLE XII <br />CONTINUING DISCLOSURE OBLIGATION <br />12.01 Annual Reports. <br />The City shall provide annually to the MSRB, in an electronic format as prescribed by the <br />MSRB, within six months after the end of any fiscal year, financial information and operating data <br />with respect to the City of the general type included in the final Official Statement authorized by <br />Section 7.02(b) of this Ordinance, being the information described in Exhibit "A" hereto. Any <br />financial statements to be so provided shall be (1) prepared in accordance with the accounting <br />principles described in Exhibit "A" hereto, or such other accounting principles as the City may be <br />required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City <br />commissions an audit of such statements and the audit is completed within the period during which <br />they must be provided. If the audit of such financial statements is not complete within such period, <br />then the City shall provide unaudited financial statements within such period, and audited financial <br />statements for the applicable fiscal year to the MSRB, when and ifthe audit report on such statements <br />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 CTRCO 2011: Ordinance 34 <br />
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