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<br />P. ORS ~288.620 requires that the Oregon State Treasurer (the "State Treasurer") review and approve a <br />refunding plan prior to the sale and issuance of advance refunding bonds. <br /> <br />Q. The City, including EWEB, anticipates incurring expenditures to finance the costs of the Project for <br />the New Project Bonds and desires to declare its official intent to reimburse itself for such <br />expenditures from the proceeds of the New Project Bonds. <br /> <br />R. To the extent that the expenditures and the use of proceeds of the bonds issued under this Resolution <br />may qualify under federal tax law and regulations, the City, including EWEB, intends for the interest <br />on the bonds to be excludable from gross income for federal income tax purposes under ~103 of the <br />Internal Revenue Code of 1986 (the "Code"), as amended. <br /> <br />NOW THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> <br />Section 1. Authorization of Bonds; Purpose of Issue; Conditions of Issuance. Based on <br />the above findings, the Council hereby authorizes EWEB, on behalf of the City, to issue and sell "City <br />of Eugene, Oregon Electric Utility System Revenue Bonds" (the "Bonds") in one or more series in the <br />aggregate principal amount of not to exceed $64,000,000 subject to the following terms and conditions <br />prescribed by the City Council: <br /> <br />(a) The Bonds of each series shall: (i) mature not later than twenty-five (25) years <br />from the date of issuance of the series; (ii) be sold at par or with a net original issue <br />discount/premium that does not exceed seven percent (7%) of the aggregate principal amount <br />thereof; (iii) have an effective interest rate of not to exceed nine percent (9%) per annum; <br /> <br />(b) The proceeds of the Bonds shall be used only for the following purposes: <br /> <br />(i) An amount not to exceed $7,000,000 shall be issued under a single series <br />and shall be used to finance the Project, to pay a pro-rata share of the costs of issuance of <br />the series and to fund a reserve fund for the payment of Bonds issued to finance the <br />Proj ect; <br /> <br />(ii) An amount not to exceed $40,000,000 shall be used to currently refund all <br />or a portion of the Series 1994 Bonds, including payment of a redemption price of 101 % <br />of the principal amount of the Series 1994 Bonds, and all or a portion of the Series 1998B <br />Bonds, provided that such refunding shall result in a net present value debt service <br />savings of at least 2% for each series so refunded, and to pay a pro-rata share of the costs <br />of issuance of the series of Bonds issued for such purpose; and <br /> <br />(iii) An amount not to exceed $17,000,000 shall be used for the purpose of <br />advance refunding all or a portion of the outstanding Series 1996 Bonds on August 1, <br />2006, provided that such refunding will result in a net present value debt service savings <br />of at least 3% in accordance with Oregon Administrative Rule 170-062-0000, and to pay <br />a pro-rata share ofthe costs of issuance of the series of Bonds issued for such purpose. <br /> <br />Section 2. Delegation of Authority for Terms of Bonds; Provisions for Issuance. <br />Pursuant to ORS ~288.825(4)(a), ORS ~288.520(4), ORS ~288.540 and ORS ~288.545, EWEB, or any <br />individual designated by EWEB, is hereby authorized and directed to determine, with respect to the <br /> <br />3 <br />