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Resolution No. 5027
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2011 No. 5021-5049
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Resolution No. 5027
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Last modified
4/2/2012 10:51:19 AM
Creation date
3/15/2011 3:09:11 PM
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Template:
City Recorder
CMO_Document_Type
Resolutions
Document_Date
3/14/2011
Document_Number
5027
CMO_Effective_Date
3/14/2011
Author
Sandra Stubbs
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the Expenditures made on the Project from the proceeds of the Bonds. To the extent that <br />the expenditures and the use of proceeds of the Bonds may qualify under federal tax law <br />and regulations, the City, including EWEB, intends for the interest on such bonds to be <br />excludable from gross income for federal income tax purposes under § 103 of the Internal <br />Revenue Code of 1985, as amended (the "Code"). <br />H. EWEB has requested by resolution that the City Council adopt this Resolution in part to <br />authorize the publication of the Notice of Revenue Bond Authorization relating to the <br />Bonds, such notice being in substantially the form attached to this Resolution as <br />Exhibit "A" (the "Notice "). The Notice shall specify, the last date on which petitions may <br />be submitted, and the City, acting by and through EWEB, shall cause the Notice to be <br />published in The Register- Guard, a newspaper of general circulation within the <br />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. Authorization of Bonds and Publication of Notice; Pumose of Issue. <br />Based on the above findings, subject to the prior publication of the Notice and the expiration of <br />the 50 -day period following the publication of the Notice without the receipt of a petition for an <br />election questioning the- issuance of the Bonds, which facts and circumstances shall be <br />determined conclusively and for all purposes by any individual designated by EWEB, the City <br />Council hereby authorizes EWEB, on behalf of the City, to issue and sell the Bonds designated <br />as the "City of Eugene, Oregon water Utility System Revenue Bonds," in one or more series, in <br />the aggregate principal amount of not to exceed $25,500,000, for the purpose of financing the <br />Project, and to fund any required reserves and costs of issuance, and to publish the Notice as <br />aforesaid. If petitions for an election, containing the valid signatures of not less than 5 percent of <br />the City's qualified electors, are received within the time indicated in the Notice, the question of <br />issuing Bonds shall be placed-on the ballot at the next legally available election date. If such <br />petitions are received no Bonds may be sold until the question of whether to issue the Bonds is <br />approved by a majority of electors living within the boundaries of the City who vote on that <br />question. Any such petitions will be subject to ORS 287A.150 and §§2.960-2-1005 of The <br />Eugene Code, 1971. Capitalized terms used but not defined herein shall have the meaning <br />assigned in the Bond Resolution, unless the context clearly requires otherwise. <br />Section 2. Conditions of Issuance and Sale. The City Council hereby prescribes 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 through public competitive sale and awarded <br />to the bidder offering the most favorable terms to EWEB, on behalf of the City, or sold pursuant <br />to negotiation at par or with a net original issue discount or premium that does not exceed seven <br />percent (7.0 %) of the aggregate principal amount thereof; and (iii) have an effective interest rate <br />of not to exceed seven percent (7.0 %) per annum; and <br />MR <br />
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