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and operating data, financial statements, and notices, in the manner required <br />for purposes of paragraph (b)(5)(i) of the SEC Rule. <br />(1) Information Filing. The City further agrees, in particular, to <br />provide: <br />(A) to each NRMSIR and to the SID, (1) Annual Information for <br />each City fiscal year, not later than the end of the ninth month <br />following the end of the fiscal year, and (2) when and if <br />available, audited City financial statements for each of those <br />fiscal years; <br />(B) to each NRMSIR or to the MSRB, and to the SID, in a timely <br />manner, notice of (1) any Specified Event if that Specified <br />Event is material, (2) the City's failure to provide the Annual <br />Information within the time specified above, and (3) any <br />change in the accounting principles applied in the preparation <br />of its annual financial statements, any change in its fiscal <br />year, its failure to appropriate funds to meet costs to be <br />incurred to perform the Continuing Disclosure Agreement, <br />and the termination of the Continuing Disclosure Agreement; <br />and <br />(C) if the filing is due after the effective date of the EMMA <br />System, to EMMA, in a timely manner, the filings required <br />by (A) and (B) above, to the extent required by the SEC <br />Rule. The filings required by (A) and (B) need not be made <br />with the NRMSIILs, SID, or MSRB to the extent that filing <br />with the EMMA System is sufficient under the SEC Rule. <br />(2) Continuing Disclosure Certificate. To further describe and specify <br />certain terms of the Continuing Disclosure Agreement, this Council <br />authorizes and directs the Director of Fihance to (A) complete, sign, <br />and deliver the Continuing Disclosure Certificate, in the name and on <br />behalf of the City, and (B) to specify in reasonable detail the Annual <br />Inforrnation to be provided (which may be provided by specific <br />reference to other documents previously filed and available in <br />accordance with the SEC Rule), and the City's expectations as to <br />whether audited financial statements will be prepared, the accounfing <br />principles to be applied in their preparation, and whether they will be <br />available together with, or sepazately from, the Annual Information. <br />(3) Disclosure Procedures. This Council further authorizes and directs <br />the Director of Finance to establish procedures to ensure compliance <br />by the City with the Continuing Disclosure Agreement, including <br />timely provision of information and notices as described above. <br />Before making any filing in accordance with (b)(2} above or <br />-6- <br />