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within or without the State of Oregon; for the appointment of such fiscal or paying <br />agents, registrars, trustees, or other agencies, for any such issue of notes, as the Board <br />- may determine for the benefit and protection of the holders of such notes; for the deposit <br />of funds including note proceeds with such agents or trustees for any lawful purpose for <br />which such funds may be deposited; for the manner of disbursement of, and accounting <br />for, note proceeds; for the rights and remedies of the holders of such notes; for the <br />establishing and maintaining of special funds or accounts to insure the payment when due <br />and payment of the principal of and interest on such notes and for other purposes, from <br />proceeds of the sale of bonds or revenues of the Electric Utility System or other monies <br />lawfully available and pledged to the payment of such notes and the interest thereon, and <br />for the investment and reinvestment of monies or obligations in such special funds; and <br />to covenant with, and for the benefit of, the holders from time to time of such notes as <br />the Board may determine. <br />(e) The Eugene Water & Electric Board shall, by resolution, determine the <br />amount or amounts required for the purposes for which the monies are borrowed at any <br />particular time or times, and shall also determine that any and all acts, conditions and <br />things required to exist, to happen and to be performed precedent to and in the issuance <br />of such notes exist, have happened and have been performed in due time, form and <br />manner as required by the constitution and statutes of the State of Oregon and the Charter <br />of the City of Eugene. <br />(f) The notes or other evidence of indebtedness shall not be sold until the <br />following actions have taken place: <br />(1) Legal opinions have been rendered by bond counsel for the Eugene <br />Water &Electric Board that the notes are duly and legally authorized and do not <br />constitute general obligations of the City of Eugene and qualify for tax exempt <br />status. <br />(2) General counsel for the City of Eugene has reviewed all resolutions <br />of the Eugene Water & Electric Board enacted pursuant to this Resolution and has <br />determined that such resolutions do not conflict with the terms and conditions <br />prescribed by this Resolution. <br />(3) The City Manager is given written notice in advance of each <br />planned sale of the date of the planned sale and the principal amount of the notes <br />to be sold at the planned sale. <br />Section 3. Reporting. The Eugene Water & Electric Board shall submit to the <br />City by May 1 of each year the following annual reports commencing after the first sale of <br />bonds or other evidences of indebtedness and each year thereafter until the bonds have been paid <br />and retired: <br />(a) A report on the funds established pursuant to the bond resolution <br />describing the funds established, the amounts in each fund, expenditures from each fund, <br />29327 <br />Resolution -5- t" <br />