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<br />F. The City and EWEB anticipate incurring expenditures ("Expenditures") for Power Supply <br />Cost Contingencies and wish to declare their official intent to reimburse themselves for <br />the Expenditures from the proceeds of the revenue bonds. To the extent that the <br />Expenditures and the use of proceeds of revenue bonds for Power Supply Cost <br />Contingencies may qualify under federal tax law and regulations, the City and EWEB <br />anticipate that the interest on the revenue bonds will be excludable from gross income for <br />federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as <br />amended. <br /> <br />NOW, THEREFORE, <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a <br />Municipal Corporation of the State of Oregon, as follows: <br /> <br />SECTION 1: REVENUE BONDS AUTHORIZED <br /> <br />1. The Council hereby authorizes EWEB to issue the City's revenue bonds payable from <br />EWEB's revenues in one or more series in an aggregate principal amount not to exceed <br />$60,000,000, for the purpose of providing funds for Power Supply Cost Contingencies, <br />and to fund any required reserves and costs of issuance, and to sell such bonds from time <br />to time in such manner and by such method as shall be specified pursuant to subsequent <br />resolutions of the Council which shall be adopted as a precondition to each such sale. <br />Prior to selling each series of bonds, and in addition to seeking the prior approval of the <br />Council of the manner and method of each such sale, EWEB shall cause to be prepared a <br />plan showing that EWEB's estimated Electric Utility System revenues are sufficient to <br />pay the estimated debt service under such series of bonds and shall adopt an authorizing <br />resolution and provide to the City Manager a copy of such resolution. Pursuant to ORS <br />288.825(4)(a) and ORS 288.520(4), EWEB or any individual designated by EWEB may <br />determine the maturity dates, principal amounts, redemption provisions, interest rates or <br />the method for determining a variable or adjustable interest rate, denominations and other <br />terms and conditions of the bonds because the same cannot be determined by the Council <br />at this time; provided, however, without the approval of the Council, the effective rate of <br />interest on each series of bonds shall not exceed 9 percent per annum, each series of <br />bonds shall mature not later than seven years from the date of issuance of such series of <br />bonds, and the discount or premium on the bonds may not exceed 5 percent of the <br />aggregate principal amount thereof. <br /> <br />2. Upon completion of the actions stated in Section 2 below pursuant to ORS 288.815, <br />EWEB or any individual designated by EWEB is authorized to prepare and distribute a <br />preliminary official statement or other disclosure document for the bonds; to obtain bond <br />insurance or other credit enhancement, if required; to obtain a rating of the bonds from <br />Moody's Investors Service, Inc., Standard & Poor's Credit Markets Services and/or Pitch <br />IBCA, Duff & Phelps, Inc., if required; to select a Trustee, Registrar or Paying Agent for <br />the bonds; and to determine any other terms, conditions or covenants regarding the bonds, <br />