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<br />WHEREAS, it is contemplated and required that prior to the issuance and sale of the Power <br />Supply Cost Contingencies Bonds and any Notes, the City Council of the City will adopt a resolution <br />authorizing the issuance of the Power Supply Cost Contingencies Bonds and interests therein; <br /> <br />NOW, THEREFORE, BE IT FOUND, DETERMINED, ORDERED AND RESOLVED <br />BY THE EUGENE WATER & ELECTRIC BOARD OF THE CITY OF <br />EUGENE, OREGON, AS FOLLOWS: <br /> <br />SECTION 1. Findings. The Board hereby specifically finds and declares that the actions <br />authorized hereby constitute and are true and correct with respect to the public affairs of the Board, <br />and that the statements, findings and determinations of the Board set forth in the preambles of the <br />documents apprQved herein are true and correct, and the Board hereby declares its intention of <br />entering into the agreements described herein to effectuate the financing of the Power Supply Cost <br />Contingencies. <br /> <br />SECTION 2. Authorization of Bonds and Commercial Paper Notes. Subject to the prior approval <br />of the City Council of the City (the "Council"), the Board hereby authorizes the issuance of the <br />Bonds and the interests represented therein in the form of Commercial Paper Notes in a total <br />aggregate amount outstanding at one time not to exceed $60,000,000 to provide funds for the Power <br />Supply Cost Contingencies and to refund, reissue and redeliver outstanding Bonds or Notes. <br /> <br />(a) Maturity Dates, Terms and Interest Rates of Bonds. Subject to the terms, provisions <br />and limitations set forth in this resolution, an Authorized Issuer Representative in connection with the <br />sale of the Bonds, shall determine the principal amount of such Bonds; the length of the term and the <br />maturity date of such Bonds and the maximum discount to be borne with respect to such Bonds <br />except that no Bonds shall: <br /> <br />(i) mature on a day that is not a business day; <br /> <br />(ii) be outstanding for more than seven years after the payment of Power <br />Supply Cost Contingencies from the proceeds thereof; <br /> <br />or <br /> <br />(iii) bear an effective interest rate per annum in excess of 9% per annum; <br /> <br />(iv) be sold at a price less than 95% of the principal amount thereof. <br /> <br />(b) Maturity Dates, Terms and Interest Rates of Commercial Paper Notes. Subject to the <br />terms, provisions and limitations set forth in this resolution, an Authorized Issuer Representative in <br />connection with the sale of the Commercial Paper Notes, shall determine the principal amount of <br />such Note; the length of the term and the maturity date of such Note and the maximum discount to be <br />borne with resPect to such Note except that no Commercial Paper. Note shall: <br /> <br />(i) mature on a day that is not a business day; <br /> <br />(ii) have a term in excess of two hundred seventy (270) days; <br /> <br />annum; or <br /> <br />(iii) represent an effective interest rate per annum in excess of 9% per <br /> <br />2 <br />