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<br />within the boundaries of the City who vote on that question. Any such petitions will be subject <br />to ORS 288.815 and Sections 2.970-2.992 of The Eugene Code, 1971. <br /> <br />Section 2. Conditions of Issuance and Sale. The City Council hereby prescribes that: <br /> <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 pursuant to public competitive bid pursuant to <br />ORS ~288.835 at par or with a net original issue discount or premium that does not exceed seven <br />percent (7%) of the aggregate principal amount thereof; and (iii) have an effective interest rate of <br />not to exceed seven percent (7%) per annum; and <br /> <br />(b) The proceeds of the Bonds shall be used to finance the 2006 New Project, <br />to pay related costs of issuance and to fund a reserve fund for the payment of Bonds. <br /> <br />Section 3. Delegation of Authoritv for Terms of Bonds: Provisions for Issuance. <br />Pursuant to ORS ~288.825(4)(a), ORS ~288.520(4), ORS ~288.540 and ORS ~288.545, EWEB, <br />or any individual designated by EWEB, is hereby authorized and directed to determine, with <br />respect to the Bonds, the form of bond and series designation, the manner of disbursement of <br />proceeds of the bonds, the maturity dates, principal amounts, redemption provisions, interest <br />rates or the method for determining a variable or adjustable interest rate, denominations, form <br />and authorized signatory and other terms and conditions of the Bonds because the same cannot <br />be determined by the Council at this time. Prior to the issuance of any Bonds, EWEB shall: (i) <br />prepare a plan showing that the estimated Electric Utility System revenues are sufficient to pay <br />the estimated debt service on the Bonds; (ii) adopt 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 any other applicable resolutions of the Eugene City Council. <br /> <br />Section 4. Declaring Intent To Reimburse. The City reasonably anticipates that the City <br />and EWEB may incur preliminary, cost of issuance and other project expenditures that qualify as <br />"Original Expenditures" under Treasury Regulation ~ 1.150-2 prior to the date of issuance of the <br />Bonds, and hereby declares its official intent to reimburse itself, including EWEB, with proceeds <br />of the sale of the Bonds to be issued in an amount not to exceed $8,000,000. <br /> <br />Section 5. Statement on Form of Bond. All Bonds shall include a statement on their face <br />to the effect: <br /> <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 Electric Utility System operated by EWEB, or any portion thereof, pledged to the <br />payment thereof; and <br /> <br />(b) That the holders thereof may look for repayment only to the revenues of <br />the Electric Utility System which are pledged for the payment thereof, and may not directly or <br /> <br />Resolution - 3 <br />