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RESOLUTION NO. 5061 <br />A RESOLUTION AUTHORIZING EWEB TO ISSUE AND SELL <br />ELECTRIC UTILITY SYSTEM REVENUE BONDS AND ELECTRIC <br />UTILITY REVENUE REFUNDING BONDS. <br />The City Council of the City of Eugene finds that: <br />A. Oregon Revised Statutes ( "ORS ") Sections 287A.150 and 287A.360 (the "Act ") <br />authorize the City of Eugene, Oregon (the "City ") to issue revenue bonds and revenue refunding <br />bonds payable from identified revenues of the City. The City, acting by and through the Eugene <br />Water & Electric Board ( "EWEB "), owns and operates an electric utility system and related <br />facilities and systems. <br />B. On June 16, 1986, EWEB adopted a resolution authorizing and providing for the <br />issuance, from time to time, of City of Eugene, Oregon Electric Utility System Revenue Bonds <br />to be equally and ratably secured by the pledge of revenues, funds and accounts thereunder (as <br />amended and supplemented, the "Bond Resolution "). <br />C. The Bond Resolution provides in part that the principal of, premium, if any, and <br />interest on the bonds issued thereunder shall not be payable from any funds of the City or EWEB <br />other than the Bond Fund established by the Bond Resolution, nor constitute a general obligation <br />of EWEB or of the City or create a charge upon the tax revenues of the City or any other <br />revenues or property of the City or property of EWEB, except the revenues and other moneys <br />and securities pledged under the Bond Resolution. <br />D. EWEB has requested by resolution that the City Council of the City (the "City <br />Council ") adopt this Resolution in part to set the terms for and authorize the issuance of not to <br />exceed $45,000,000 in aggregate principal amount of electric utility system revenue bonds (the <br />"New Money Bonds ") for the purpose of financing the design, construction, installation and <br />equipping of certain capital improvements related to the relicensing of the Carmen -Smith <br />Hydroelectric Project (the "New Money Project "), to fund necessary reserves and to pay the <br />costs of issuance of the New Money Bonds. <br />E. On March 26, 1991, the electors of the City authorized issuance of up to <br />$22,000,000 of electric system revenue bonds. Subsequently, the City Council adopted <br />Ordinance No. 19741 on January 9, 1991, and Ordinance No. 19780 on June 10, 1991, <br />authorizing the issuance of electric revenue bonds in an amount not to exceed $22,000,000, and <br />Resolution No. 4719 on May 13, 2002, authorizing the issuance of energy utility system <br />conservation bonds in an amount not to exceed $12,000,000, and refunding bonds in an amount <br />not to exceed $3,500,000. Pursuant to that authorization, the City, acting by and through EWEB, <br />issued the City of Eugene, Oregon Electric Utility System Revenue Bonds, Series 2002C in the <br />Resolution — Page 1 <br />