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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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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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described. <br />(b) The proceeds of the Bonds shall be used only for the purposes above <br />Section 3. Delegation of Authority for Terms of Bands; Provisions for Issuance <br />Pursuant to ORS 287A.300(4), EWEB, or any individual designated by EWEB, is hereby <br />authorized and directed to determine, with respect to the Bonds, the form of band and series <br />designation, the manner of disbursement of proceeds of the Bonds, the maturity dates, principal <br />Is amounts, redemption provisions, interest rates or the method for determining a variable or <br />adjustable interest rate, obtain bond insurance or some other form of guaranty or security for the <br />payment of the Bonds, denominations, farm, authorized signatory, and other necessary or <br />desirable documents, and other terms and conditions of the Bonds because the same cannot be <br />determined by the City Council at this time. Prior to the issuance of any Bonds, EWEB shall: <br />(i) prepare a plan showing that the estimated Water Utility System revenues are sufficient to pay <br />the estimated debt service on the Bands; (ii) adapt a bond resolution and provide a copy of such <br />resolution to the City; and (iii) provide to the City a resolution determining that any and all acts, <br />conditions and things required to exist, to happen and to be performed precedent to and in the <br />issuance of the Bonds, 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, the Charter of the <br />City of Eugene and this Resolution. <br />Section 4. Declarinia Intent To Reimburse The City reasonably anticipates that the <br />City and EWEB may incur preliminary, cost of issuance and other project expenditures that <br />qualify as "Original Expenditures" under Treasury Regulation § 1.150 -2 prior to the date of <br />issuance of the Bonds, and hereby declares its official intent to reimburse itself or EWEB with <br />proceeds of the sale of the Bonds to be issued in an amount not to exceed $25,500,000 in <br />aggregate principal amount. <br />Section 5. Statement on Form of Bond. All Bonds shall include a statement on their <br />face to the effect: <br />(a) That they do not in any manner constitute a general obligation of EWEB <br />or of the City, or create a charge upon the tax revenues of the City, or upon any other revenues or <br />property of the City, or property of EWEB, but are charges upon and are payable solely from the <br />revenues of the Water Utility System operated by EWEB, or any portion thereof, pledged to the <br />payment thereof; and <br />(b) That the holders thereof may look for repayment only to the revenues of <br />the Water Utility System which are pledged for the payment thereof, and may not directly or <br />indirectly be paid or compensated through the property of the City, or EWEB, or by or through <br />the taking power of the City. <br />Section G. Bonds Payable Solely from Revenues. The Bands shall not be general <br />obligations of the City, nor a charge upon its tax -revenues, but shall be payable solely from the <br />revenues and funds which EWEB pledges to the payment thereof pursuant to ORS 287A.150, <br />any applicable authorizations and in accordance with this Resolution. <br />- 3 - <br />
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