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<br />N. ORS ~288.592 authorizes the issuance of current refunding bonds such as the Series <br />2002C Refunding Bonds; and <br /> <br />O. The City, including EWEB, anticipates incurring expenditures to finance the costs of the <br />project for the Series 2002C New Project Bonds and desires to declare its official intent <br />to reimburse itself for such expenditures from the proceeds of the Series 2002C New <br />Project Bonds. To the extent that the expenditures and the use of proceeds of Series <br />2002C New Project Bonds may qualify under federal tax law and regulations, the City, <br />including EWEB, intends for the interest on the Series 2002C New Project Bonds to be <br />excludable from gross income for federal income tax purposes under Section 103 of the <br />Internal Revenue Code of 1986 (the "Code"), as amended; <br /> <br />NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF EUGENE, a municipal corporation of the State of Oregon, as follows: <br /> <br />Section 1. Series 2002B Bonds: Terms~ Purpose of Issue~ Delegation of Authority~ <br />Provisions for Issuance~ Conditions of Issuance. Based on the above findings, the Council <br />hereby authorizes EWEB to issue the Series 2002B Bonds as federally taxable bonds within the <br />following terms and conditions prescribed by the City Council: <br /> <br />(a) The Series 2002B Bonds shall: (i) mature not later than fifteen (15) years from the <br />date of issuance thereof; (ii) be sold at par or with a net original issue discount/premium <br />that does not exceed five percent (5%) of the aggregate principal amount thereof; (iii) <br />have an effective interest rate of not to exceed nine percent (9%) per annum; and (iv) not <br />exceed $12,000,000 in total principal; <br /> <br />(b) The proceeds of the Series 2002B Bonds shall be used for the purpose making <br />energy conservation loans and grants to electric utility system customers, to fund <br />necessary reserves for the bonds, to pay capitalized interest on the bonds and to pay the <br />costs of issuance of the bonds; <br /> <br />(c) Pursuant to ORS ~288.825(4)(a) ORS ~288.520(4) ORS ~288.540 and ORS <br />~288.545, EWEB, or any individual designated by EWEB, is hereby authorized and <br />directed to determine, with respect to the Series 2002B Bonds, the form of bonds and <br />series designation, the manner of disbursement of proceeds of the bonds, the maturity <br />dates, principal amounts, redemption provisions, interest rates or the method for <br />determining a variable or adjustable interest rate, denominations, form and authorized <br />signatory and other terms and conditions of the bonds because the same cannot be <br />determined by the Council at this time; <br /> <br />(d) The Series 2002B Bonds shall include a statement on their face to the effect: <br /> <br />(i) that they do not in any manner constitute a general obligation of EWEB or <br />of the City, or create a charge upon the tax revenues of the City, or upon any other <br /> <br />3 <br />