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(a) They do not in any manner constitute a general obligation of EWEB or of <br /> the City, or create a charge upon the tax revenues of the City, or upon any other revenues <br /> or property of the City, or property of EWEB, but are charges upon and are payable <br /> solely from the revenues and funds pledged to the payment thereof; and <br /> <br /> (b) The holders thereof may look for repayment only to the revenues that are <br /> pledged to the payment thereof; and may not directly or indirectly be paid or compen- <br /> sated through the property of the City, or EWEB, or by or through the taxing power of <br /> the City. <br /> <br /> Section 5. Provisions for Sale of Bonds at Private Negotiated Sale. The Council hereby <br />authorizes EWEB to sell the Bonds at a private negotiated sale based upon written recommenda- <br />tion of EWEB's independent financial advisor, provided that such financial advisor makes a <br />written evaluation of the terms and conditions of the sale and the pricing thereof. <br /> <br /> Section 6. Bonds Reporting. EWEB shall submit to the City by May 1 of each year the <br />following annual reports commencing after the first sale of any Bonds or other evidences of <br />indebtedness hereunder and each year thereafter until the Bonds have been paid and retired: <br /> <br /> (a) A report on the funds for each series of Bonds describing the funds estab- <br /> lished, the amounts in each fund, expenditure from each fund, the manner in which the <br /> monies in each fund have been invested, the income from such investments and the appli- <br /> cation of such income; and <br /> <br /> (b) A report on bond payments describing amounts paid and amounts sched- <br /> uled to be paid and the source of such payments. <br /> <br /> If the contents of the reports required by subsections (a) and (b) above are in- <br />cludeed in the EWEB's yearly audit report, EWEB may comply with this section by transmitting <br />a copy of its yearly audit report to the City. <br /> <br /> Section 7. Appointment of Professionals. EWEB is authorized to appoint bond counsel, <br />underwriters, financial advisors, a registrar and paying agent, an escrow agent and any other pro- <br />fessional assistance that EWEB determines is necessary or convenient to accomplish the issuance <br />and sale of the Bonds. <br /> <br /> Section 8. Official Statement. EWEB or any party designated by EWEB is authorized to <br />prepare and distribute or direct the preparation and distribution of a preliminary official state- <br />ment or other disclosure document for the Bonds, as determined to be necessary by EWEB, to <br />obtain bond insurance or other credit enhancement, if required, and to obtain a rating on the <br />Bonds from Moody's Investors Service, Inc., Standard & Poor's and/or Fitch Ratings, if <br />required. <br /> <br /> Section 9. Taxable Bonds. The City hereby consents to the issuance of a portion of the <br />Bonds as bonds the interest on which is taxable for federal income tax purposes. <br /> <br /> Section 10. Effective Date of Resolution. This Resolution shall become effective im- <br />mediately upon its adoption. <br /> <br />Resolution - 3 <br />L:\CMO\2004 Council Agendas\M040913\S0409132E-attA. doc <br /> <br /> <br />