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not already authorized under the 2001 URBA Authorization), such notice being in <br /> substantially the form attached to this Resolution as Exhibit "A" (the "Notice"). The Notice <br /> shall specify the last date on which petitions may be submitted, and the City, acting by and <br /> through EWEB, shall cause the Notice to be published in The Register-Guard, a newspaper <br /> of general circulation within the boundaries of the City, in the same manner as are other <br /> public notices of the City. <br /> <br /> NOW THEREFORE, <br /> <br /> THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> <br /> Section 1. Authorization of Bonds and Publication of Notice; Purpose of Issue. Based <br />on the above findings (but with regard only to the 2005 Improvement Bonds, subject to the prior <br />publication of the Notice and the expiration of the 60-day period following the publication of the <br />Notice without the receipt of a petition for an election questioning the issuance of the 2005 <br />Improvement Bonds, which facts and circumstances shall be determined conclusively and for all <br />purposes by any individual designated by EWEB), the Council hereby authorizes EWEB, on <br />behalf of the City, to issue and sell "City of Eugene, Oregon Electric Utility System Revenue <br />Bonds" (the "Bonds") in one or more series (being 2005 New Project Bonds and/or 2005 <br />Improvement Bonds), in the aggregate principal amount of not to exceed $15,400,000, for the <br />purpose of financing the costs of the design, construction, installation, acquisition, relicensing <br />and equipping of the 2005 New Project and the 2005 Improvements, and to fund any required <br />reserves and costs of issuance, and to publish the Notice as aforesaid. If petitions for an election, <br />containing the valid signatures of not less than 5 percent of the City's qualified electors, are <br />received within the time indicated in the Notice, the question of issuing that portion of the Bonds <br />which are 2005 Improvement Bonds shall be placed on the ballot at the next legally available <br />election date. If such petitions are received no Bonds which are 2005 Improvement Bonds may <br />be sold until the question of whether to issue the Bonds is approved by a majority of electors <br />living within the boundaries of the City who vote on that question. Any such petitions will be <br />subject to ORS 288.815 and Sections 2.970-2.992 of The Eugene Code, 1971. <br /> <br /> Section 2. Conditions of Issuance and Sale. The City Council hereby prescribes that: <br /> <br /> (a) The Bonds of each series shall: (i) mature not later than thirty (30) years <br />from the date of issuance of the series; (ii) be sold pursuant to public competitive bid pursuant to <br />ORS §288.835 at par or with a net original issue discount or premium that does not exceed seven <br />percent (7%) of the aggregate principal amount thereof; and (iii) have an effective interest rate of <br />not to exceed nine percent (9%) per annum; and <br /> <br /> (b) The proceeds of the Bonds shall be used only for the following purposes: <br /> <br /> (i) An amount not to exceed $5,400,000 shall be used to finance the <br />2005 New Project, to pay related costs of issuance and to fund a reserve fund for the payment of <br />Bonds issued to finance the 2005 New Project; and <br /> <br /> (ii) An amount not to exceed $10,000,000 shall be used to finance the <br /> 2005 Improvement Program, to pay related costs of issuance and to fund a reserve fund for the <br /> payment of Bonds issued to finance the 2005 Improvement Program. <br /> <br /> Resolution - 3 <br /> <br /> <br />