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petitions may be submitted, and the City, acting by and through EWEB, shall cause the <br />Notice to be published in The Register-Guard,a newspaper of general circulation within <br />the boundaries of the City, in the same manner as are other public notices of the City. <br />NOW THEREFORE, based upon the above findings, <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 />Section 1. <br />Authorization of New Money Bonds and Publication of Notice; Purpose of <br />Issue. Based on the above findings, subject to the prior publication of the Notice and the <br />expiration of the 60-day period following the publication of the Notice without the receipt of a <br />petition for an election questioning the issuance of the New Money Bonds, which facts and <br />circumstances shall be determined conclusively and for all purposes by any individual designated <br />by EWEB, the City Council hereby authorizes EWEB, on behalf of the City, to issue and sell the <br />New Money Bonds designated as the “City of Eugene, Oregon WaterUtility System Revenue <br />Bonds,” or such other name approved by the individual designated by EWEB, in one or more <br />series, in the aggregate principal amount of not to exceed $18,000,000, for the purpose of <br />financing the NewMoney Project, and to fund any required reserves and costs of issuance, and <br />to publish the Notice as aforesaid. If petitions for an election, containing the valid signatures of <br />not less than 5 percent of the City’s qualified electors, are received withinthe time indicated in <br />the Notice, the question of issuing the New Money Bonds shall be placed on the ballot at the <br />next legally available election date. If such petitions are received,noNew Money Bonds may be <br />sold until the question of whether to issuethe New Money Bonds is approved by a majority of <br />the City’s qualified electorswho vote on that question. Any such petitions will be subject to <br />ORS 287A.150and Sections 2.960-2.1005of the Eugene Code, 1971.Capitalized terms used <br />but not defined herein shall have the meaning assigned in the Bond Resolution, unless the <br />context clearly requires otherwise. <br />Section 2. <br />Authorization of Refunding Bonds; Purpose of Issue.Based on the above <br />findings, the City Council hereby authorizes EWEB, on behalf of the City, to issue and sell the <br />Refunding Bonds designated as the “City of Eugene, Oregon Water Utility System Revenue <br />Refunding Bonds,”or such other name approved by the individual designated by EWEB,in one <br />or more series, in an amount not to exceed $35,000,000 for the purpose of refunding all or a <br />portion of the Series 2002 Bonds, the Series 2005 Bonds and the Series 2008Bonds, and to fund <br />any required reserves and costs of issuance of the Refunding Bonds. <br />Section 3. <br />Conditions of Issuance and Sale. <br />The City Council herebyprescribes that: <br />(a)The Bonds of each series shall: (i)mature not later than thirty (30) years <br />from the date of issuance of the series; (ii)be sold either through apublic competitive sale and <br />awarded to the bidder offering the most favorable terms to EWEB, on behalf of the City, or sold <br />pursuant to negotiation at par or with a net original issue discount or premium that does not <br />Resolution -Page 3of 6 <br />