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2016-037 - Authorizing the issuance of the City’s General Obligation Bonds, Series 2016; approving the use of a paying agent/registrar agreement; engaging bond counsel ....
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2016-037 - Authorizing the issuance of the City’s General Obligation Bonds, Series 2016; approving the use of a paying agent/registrar agreement; engaging bond counsel ....
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12/13/2016 9:26:14 AM
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CITY CLERK
CITY CLERK - Date
12/5/2016
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"Rule" means SEC Rule 15c2 -12, as amended from time to time. <br />"SEC" means the United States Securities and Exchange Commission. <br />(b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in the electronic <br />format prescribed by the MSRB, financial information and operating data with respect to the Issuer <br />of the general type included in the final Official Statement authorized by this Ordinance, being the <br />financial information and operating data with respect to the District of the general type included in <br />the Official Statement under Tables numbered 1, 2, 10, 11, 12, 15 and 20 of Appendix A (the <br />"Annual Operating Report"). The Issuer will additionally provide financial statements of the Issuer <br />(the "Financial Statements "), that will be (A) prepared in accordance with the accounting principles <br />described in the notes to the financial statements that are attached to the Official Statement as <br />Appendix B, or such other accounting principles as the Issuer may be required to employ from time <br />to time pursuant to state law or regulation, and shall be in substantially the form included in the final <br />Official Statement and (B) audited, if the Issuer commissions an audit of such Financial Statements <br />and the audit is completed within the period during which they must be provided. The Issuer will <br />update and provide the Annual Operating Report within six months after the end of each fiscal year <br />and the Financial Statements within 12 months of the end of each fiscal year, in each case beginning <br />with the fiscal year ending in and after 2016. The Issuer may provide the Financial Statements <br />earlier, including at the time it provides its Annual Operating Report, but if the audit of such <br />Financial Statements is not complete within 12 months after any such fiscal year end, then the Issuer <br />shall file unaudited Financial Statements within such 12 -month period and audited Financial <br />Statements for the applicable fiscal year, when and if the audit report on such Financial Statements <br />becomes available. <br />(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the <br />date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be <br />required to provide financial information and operating data pursuant to this Section. The financial <br />information and operating data to be provided pursuant to this Section may be set forth in full in one <br />or more documents or may be included by specific reference to any documents available to the <br />public on the MSRB's internet website or filed with the SEC. <br />(iii) Event Notices. The Issuer shall notify the MSRB, in a timely manner not in excess of <br />ten Business Days after the occurrence of the event, of any of the following events with respect to <br />the Bonds: <br />1. Principal and interest payment delinquencies; <br />2. Non - payment related defaults, if material; <br />3. Unscheduled draws on debt service reserves reflecting financial difficulties; <br />4. Unscheduled draws on credit enhancements reflecting financial difficulties; <br />5. Substitution of credit or liquidity providers, or their failure to perform; <br />6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or <br />final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) <br />or other material notices or determinations with respect to the tax status of the <br />Bonds, or other material events affecting the tax status of the Bonds; <br />7. Modifications to rights of holders of the Bonds, if material; <br />23 <br />
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