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Resolution No. 4808
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City of Eugene
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2004 No. 4782-4819
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Resolution No. 4808
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6/10/2010 4:49:18 PM
Creation date
9/14/2004 4:50:11 PM
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City Recorder
CMO_Document_Type
Resolutions
Document_Date
9/13/2004
Document_Number
4808
CMO_Effective_Date
9/13/2004
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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 <br />'~City of Eugene, Trojan Project Revenue Bonds" (the "Bonds") in one or more series in the <br />aggregate principal amount of not to exceed $55,000,000 subject to the following terms and <br />conditions prescribed by the City Council: <br /> <br /> (a) The Bonds of each series shall: (i) mature not later than September 1, <br /> 2009; (ii) be sold at par or with a net original issue discount/premium that does not <br /> exceed twelve percent (12%) of the aggregate principal amount thereof; and (iii) have an <br /> effective interest rate of not to exceed five and three quarters percent (5 3/4 %) per <br /> annum; <br /> <br /> (b) The proceeds of the Bonds shall be used only to currently refund all or a <br /> portion of the Series 1977 Bonds, provided that such refunding shall result in a net <br /> present value debt service savings of at least 2%, to fund any necessary reserves, and to <br /> pay the costs of issuance of the Bonds issued for such purpose. <br /> <br /> Section 2. Delegation of Authority for Terms of Bonds; Provisions for issuance. <br />EWEB, or any individual designated by EWEB, is hereby authorized and directed to determined <br />with respect to the Bonds, the form of bond and series designation, the manner of disbursement <br />of proceeds of the Bonds, the maturity dates, principal amount, interest rates, denominations, <br />form and authorized signatory and other terms and conditions of the Bonds because the same <br />cannot be determined by the Council at this time. Prior to the issuance of any Bonds, EWEB <br />shall: (i) prepare a plan showing that the estimated revenues are sufficient to pay the estimated <br />debt service on the Bonds; (ii) adopt a Bond Resolution and provide a copy of such resolution to <br />the City; and (iii) provide to the City a resolution demonstrating that the Bonds will contain a <br />recital to the effect that any and all acts, conditions arid things required to exist, to happen and to <br />be performed precedent to and in the issuance of the Bonds exist, have happened and have been <br />performed in due time, form and manner as required by the Constitution and statutes of the State <br />of Oregon, the Charter of the City of Eugene and this Resolution. <br /> <br /> Section 3. Bonds Payable Solely from Revenues. The Bonds shall not be general <br />obligations of the City, nor a charge upon its tax revenues, or general revenues of EWEB, but <br />shall be payable solely fi'om (i) all payments to EWEB pursuant to the Two Party Net Billing <br />Agreement referred to above and the thirteen Troj an Nuclear Project Agreements, each of which <br />is dated October 5, 1970 and is among the City, Bonneville and a preference customer of <br />Bonneville, (ii) any other amounts received by EWEB and directly attributable to the Trojan <br />Project and (iii) any income received by EWEB as a result of the investments of such amounts. <br /> <br /> Section 4. Statement on Form of Bond. All Bonds shall include a statement on their face <br />to the effect that: <br /> <br /> (a) They do not in any manner constitute a general obligation of EWEB or of <br /> the City, or create a charge upon the tax revenues of the City, or upon any other revenues <br /> or property of the City, or property of EWEB, but are charges upon and are payable <br /> solely from the revenues and funds pledged to the payment thereof; and <br /> <br />Resolution - 2 <br /> <br /> <br />
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