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Ord 2007-035
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Ord 2007-035
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Last modified
6/26/2008 10:48:15 AM
Creation date
6/22/2007 3:07:28 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2007-35
Date
6/19/2007
Volume Book
172
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actually paid in full, no amendment of the provisions of this Section shall be made without the consent of the <br />registered owner of each Certificate affected thereby. <br />(e) Notwithstanding the provisions of subsection (a) immediately above, to the extent that, upon <br />the defeasance of any Defeased Certificate to be paid at its maturity, the City retains the right under Texas law <br />to later call that Defeased Certificate for redemption in accordance with the provisions of this Ordinance, the <br />City may call such Defeased Certificate for redemption upon complying vv~th the provisions of Texas law and <br />upon the satisfaction of the provisions of subsection (a) immediately above with respect to such Defeased <br />Certificate as though it was being defeased at the time of the exercise of the option to redeem the Defeased <br />Bond and the effect of the redemption is taken into account in determining the sufficiency of the provisions <br />made for the payment of the Defeased Certificate. <br />ARTICLE XII <br />CONTINUING DISCLOSURE OBLIGATION <br />Section 12.01 Definitions. <br />As used in this Article, the following terms have the meanings ascribed to such terms below: <br />"MSRB" means the Municipal Securities Rulemaking Board, <br />"NRMSIR"means each person whom the SEC or its staff has determined to be a nationally recognized <br />muricipal securities information repository within the meaning of the Rule from time to time. <br />"Rule" means SEC Rule 15c2-12, as amended from time to time. <br />"SEC" means the United States Securities and Exchange Commission. <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 />Section 12 02. Annual Reports. <br />(a) The City shall provide annually to each NRMSIR and any SID, within six months after the <br />end of each fiscal year ending after the date of issuance of the Certificates, financial information and operating <br />data with respect to the City of the general type included in the final Official Statement authorized by Section <br />7 O 1(b) of this Ordinance, being the information described in Exhibit A hereto. Any financial statements so <br />to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A <br />attached hereto, or such other accounting pnnciples as the City may be required to employ from time to time <br />pursuant to state law or regulation and (2) audited, if the City commissions an audit of such statements and <br />the audit is completed vv~thin the penod 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 statements by <br />the required tune and shall provide audited financial statements for the applicable fiscal year to each NRMSIR <br />and any SID, when and if the audit report on such statements becomes available. <br />san Marcos CTRCO 20078 Ordinance <br />
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