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10B Action 2009 1221
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10B Action 2009 1221
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Last modified
12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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format as prescribed by the MSRB, an Annual Report which is consistent with the requirements <br />of Section 4 of this Disclosure Certificate. Not later than fifteen (15) Business Days prior to said <br />date, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the <br />Issuer). The Annual Report may be submitted as a single document or as separate documents <br />comprising a package, and may include by reference other information as provided in Section 4 <br />of this Disclosure Certificate; provided that the audited financial statements of the Issuer may <br />be submitted separately from the balance of the Annual Report, and later than the date required <br />above for the filing of the Annual Report if not available by that date. If the Issuer's fiscal year <br />changes, it shall give notice of such change in the same manner as for a Listed Event under <br />Section 5(c). <br />(b) If the Issuer is unable to provide (or cause the Dissemination Agent to provide) <br />an Annual Report by the Annual Report Date, the Issuer shall, by written direction, cause the <br />Dissemination Agent to provide to the MSRB, in an electronic format as prescribed by the <br />MSRB, a notice, in substantially the form attached as Exhibit A. <br />(c) The Dissemination Agent shall: <br />(i) determine each year prior to the Annual Report Date the then-applicable <br />rules and electronic format prescribed by the MSRB for the filing of annual continuing <br />disclosure reports; and <br />(ii) if the Dissemination Agent is other than the Issuer, file a report with the <br />Issuer certifying that the Annual Report has been provided pursuant to this Disclosure <br />Certificate, stating the date it was provided. <br />Section 4. Content of Annual Reports. The Issuer's Annual Report shall contain or <br />incorporate by reference the following: <br />(a) Audited Financial Statements prepared in accordance with generally accepted <br />accounting principles as promulgated to apply to governmental entities from time to time by the <br />Governmental Accounting Standards Board. If the Issuer's audited financial statements are not <br />available by the time the Annual Report is required to be filed pursuant to Section 3(a), the <br />Annual Report shall contain unaudited financial statements in a format similar to the financial <br />statements contained in the final Official Statement, and the audited financial statements shall <br />be filed in the same manner as the Annual Report when they become available. <br />(b) Financial information and operating data with respect to the Issuer for the prior <br />fiscal year of the type included in the Official Statement, in the following categories (to the <br />extent not included in the Issuer's audited financial statements): (i) aggregate assessed values <br />of the Project Areas; (ii) list of top ten largest local secured property taxpayers within the Project <br />Areas; (iii) information on any appeals by such top ten taxpayers in the Project Areas; (iv) <br />calculation of the coverage ratio for such fiscal year, calculated in the same manner as provided <br />in the Official Statement under the section entitled "THE AGENCY AND THE PROJECT <br />AREAS -Projected Housing Tax Revenues" and (v) description of outstanding indebtedness <br />payable during such fiscal year from Housing Tax Revenues. <br />(c) In addition to any of the information expressly required to be provided under <br />paragraphs (a) and (b) of this Section, the Issuer shall provide such further information, if any, <br />as may be necessary to make the specifically required statements, in th`e light of the <br />circumstances under which they are made, not misleading. <br />F-2 <br />
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