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RESOLUTION NO. 5139 <br />A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATERUTILITY <br />SYSTEM REVENUE BONDSFOR THE PURPOSE OF FINANCING IMPROVEMENTS <br />TO THE WATER UTILITYSYSTEM IN THE AGGREGATE PRINCIPAL AMOUNT <br />NOT TO EXCEED $18,000,000 AND THE ISSUANCE AND SALE OF WATER <br />UTILITY REVENUE REFUNDING BONDS IN THE AGGREGATE PRINCIPAL <br />AMOUNT NOT TO EXCEED$35,000,000 TO REFUNDALL OR A PORTION OF THE <br />SERIES 2002 BONDS, SERIES 2005 BONDS ANDSERIES 2008 BONDS; AND <br />PROVIDING FOR RELATED MATTERS <br />The City Council of the City of Eugene finds that: <br />A. <br />Oregon Revised Statutes (“ORS”) Section287A.150,authorizes the City of Eugene (the <br />“City”) to issue revenue bondspayable from identified revenues of the City.The City, <br />acting by and through the Eugene Water & Electric Board (“EWEB”), owns and operates <br />a water utility system andrelated facilities and systems. <br />B. <br />On September 2, 1997, EWEB adopted a resolution authorizing and providing for the <br />issuance, from time to time, of City of Eugene, Oregon WaterUtility System Revenue <br />Bonds to be equally and ratably secured by the pledge of revenues, funds and accounts <br />thereunder (as amended and supplemented, the “Bond Resolution”). <br />C. <br />The Bond Resolution provides in part that the principal of, premium, if any, and interest <br />on the bonds issued thereunder shall not be payable from any funds of the City nor <br />constitute a general obligation of the City or create a charge upon the tax revenues or any <br />other property or revenues of the City. <br />D. <br />EWEB has requested by resolution that the City Council adopt this Resolution in part to <br />set the terms for the issuance of not to exceed $18,000,000in aggregate principal amount <br />of waterutility system revenue bonds (the “New Money Bonds”) for the purpose of <br />financing the acquisition, design, construction, installation and equipping of certain <br />capital improvementsto the water utility purification, storage, transmission and <br />distribution systems (collectively, the “New Money Project”), to fund necessaryreserves <br />and capitalized interest,and to pay the costs of issuance of Bonds. <br />E. <br />The City, acting by and though EWEB, previously issued its Water Utility System <br />Revenue Bonds, Series 2002 in original principal amount of $10,000,000 (the “Series <br />2002 Bonds”); <br />F. <br />The outstanding Series 2002 Bonds maturing on and after August 1, 2013,are subject to <br />redemption at the option of EWEB on and after August 1, 2012; <br />G. <br />TheCity, acting by and though EWEB, previously issued its Water Utility System <br />Revenue Bonds, Series 2005 in original principal amount of $12,540,000 (the “Series <br />2005 Bonds”); <br />Resolution -Page 1of 6 <br />