HomeMy WebLinkAboutResolution No. 5289COUNCH, RESOLUTION NO. 5289
A RESOLUTION AUTHORIZING THE ISSANCE
AND SALE OF ELECTRIC UTILITY SYSTEM
REVENUE REFUNDING BONDS AND
PROVIDING FOR RELATED MATTERS.
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT: ➢Mayor Vous
CONSIDERED: January 27, 2020
RESOLUTION NO. 5289
A RESOLUTION AUTHORIZING THE ISSANCE AND SALE OF
ELECTRIC UTILITY SYSTEM REVENUE REFUNDING BONDS AND
PROVIDING FOR RELATED MATTERS.
The City Council of the City of Eugene Finds that:
A. Oregon Revised Statutes ("ORS") Section 287A.150 authorizes the City of Eugene,
Oregon (the "City") to issue revenue bonds payable from identified revenues of the City. The City,
acting by and through the Eugene Water & Electric Board ("EWEB"), owns and operates an
electric utility system and related facilities and systems.
B. On June 16, 1986, EWEB adopted a resolution authorizing and providing for the
issuance, from time to time, of City of Eugene, Oregon Electric Utility System Revenue Bonds to
be equally and ratably secured by the pledge of revenues, funds and accounts thereunder, which
resolution was amended and restated by Resolution No. 1604 (as amended and supplemented, the
"Bond Resolution").
C. The Bond Resolution provides in part that the principal of, premium, if any, and
interest on the bonds issued thereunder shall not be payable from any funds of the City or EWEB
other than the Bond Fund established by the Bond Resolution, nor constitute a general obligation
of EWEB or the City or create a charge upon the tax revenues of the City or any other property of
the City or property of EWEB, except the revenues and other money and securities pledged under
the Bond Resolution.
D. The City Council adopted Resolution No. 5061 on May 29, 2012, authorizing the
issuance of revenue and refunding bonds in an amount not to exceed $83,000,000. Pursuant to
that authorization, the City, acting by and through EWEB, issued the City of Eugene, Oregon
Electric Utility System Revenue Bonds, Series 2012in the original principal amount of
$71,230,000 (the "Series 2012 Bonds"), which Series 2012 Bonds are currently outstanding in
the principal amount of $33,150,000.
E. EWEB has determined that substantial present value savings may be achieved by
issuing refunding bonds for the purpose of refunding all or a portion of the outstanding Series
2012Bonds that may be called and redeemed on any date on or after August 1, 2022, without
premium (the "Refunded Bonds").
F. EWEB has requested by resolution that the City Council adopt this Resolution to
set the terms for and authorize the issuance of not to exceed $36,880,000 in aggregate principal
amount of electric utility system revenue refunding bonds (the "Refunding Bonds" or the "Bonds")
for the purpose of refunding all or a portion of the Electric Utility System Revenue Bonds, Series
2012, funding necessary reserves and paying the costs of issuance of Bonds.
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G. The Bonds will not be general obligations of the City, nor a charge upon its tax
revenues, but will be payable solely from revenues of the Electric Utility System which EWEB
pledges to the payment of such Bonds pursuant to ORS Sections 287A.310 and 287A.325 and the
resolution to be adopted by EWEB pursuant to this Resolution.
H. EWEB has by resolution undertaken to cause to be prepared a plan showing that
EWEB's estimated Electric Utility System revenues are sufficient to pay the estimated debt service
on the Bonds authorized by this Resolution.
L EWEB expects to issue the bonds authorized by this resolution simultaneously with
bonds to finance capital improvements that were authorized by the City Council pursuant to
Resolution No. 5201 adopted on June 26, 2017.
NOW THEREFORE, based upon the above findings,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Authorization of Bonds; Purpose of Issue. Based on the above findings,
the City Council hereby authorizes EWEB, on behalf of the City, to issue and sell the Bonds
designated as the "City of Eugene, Oregon Electric Utility System Revenue Refunding Bonds,"
in one or more series, in the aggregate principal amount of not to exceed $36,880,000, for the
purpose of refunding a portion of the Electric Utility System Revenue Bonds, Series 2012.
Section 2. Conditions of Issuance and Sale. The City Council hereby prescribes that:
(a) The Bonds of each series shall: (i) mature not later than six months after
the original final maturity of the 2012 Bonds; (ii) be sold through public competitive sale
and awarded to the bidder offering the most favorable terms to EWEB, on behalf of
the City, or sold pursuant to negotiation at par or with a net original issue discount or
premium that does not exceed 20% of the aggregate principal amount thereof, and (iii)
have an effective interest rate of not to exceed 6.0% per annum; and
(b) The proceeds of the Bonds shall be used only for the purposes above
described.
Section 3. Delegation of Authority for Terms of Bonds; Provisions for Issuance.
Pursuant to ORS 287A.300(4), EWEB, or any individual designated by EWEB, is hereby
authorized and directed to determine, with respect to the Bonds, the form of bond and series
designation, the manner of disbursement of proceeds of the Bonds, the maturity dates, principal
amounts, redemption provisions, interest rates or the method for determining a variable or
adjustable interest rate, the refunding plan, whether to obtain bond insurance or some other
form of guaranty or security for the payment of the Bonds, denominations, form, authorized
signatory and other terms and conditions of the Bonds because the same cannot be determined
by the City Council at this time. Prior to the issuance of any Bonds, EWEB shall: (i) prepare
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a plan showing that the estimated Electric Utility System revenues are sufficient to pay the
estimated debt service on the Bonds; (ii) adopt a supplemental bond authorizing resolution and
provide a copy of such resolution to the City; (iii) provide to the City a resolution determining
that any and all acts, conditions and things required to exist, to happen and to be performed
precedent to and in the issuance of the Bonds, exist, have happened and have been performed
in due time, form and manner as required by the Constitution and statutes of the State of Oregon,
the Charter and ordinances of the City and this Resolution; and (iv) submit the refunding plan to
the State Treasurer.
Section 4. Statement on Form of Bond. All Bonds shall include a statement on
their face to the effect that:
(a) That they do not in any manner constitute a general obligation of EWEB
or of the City, or create a charge upon the tax revenues of the City, or upon any
other revenues or property of the City, or property of EWEB, but are charges upon
and are payable solely from the revenues of the Electric Utility System operated by
EWEB, or any portion thereof, pledged to the payment thereof, and
(b) That the holders thereof may look for repayment only to the revenues of
the Electric Utility System which are pledged for the payment thereof, and may not
directly or indirectly be paid or compensated through any other property of the City,
or EWEB, or by or through the taxing power of the City.
Section 5. Bonds Pavable Solelv from Revenues. The Bonds shall not be general
obligations of the City, nor a charge upon its tax revenues, but shall be payable solely from
the revenues and funds which EWEB pledges to the payment thereof pursuant to ORS
287A.150, any applicable authorizations and in accordance with this Resolution.
Section 6. Bonds Reporting. EWEB shall submit to the City by May 1 of each year
the following annual report commencing afterthe first sale of any Bonds or other evidences of
indebtedness hereunder and each year thereafter until the Bonds have been paid and retired: A
report on Bond payments describing amounts paid, amounts scheduled to be paid and the source
of such payments.
If the content of the report required by this Section 6 is included in the annual audit report
of EWEB, then EWEB may comply with this Section 6 by transmitting a copy of its annual audit
report to the City.
Section 7. Appointment of Professionals. EWEB is authorized to appoint bond
counsel, disclosure counsel, financial advisor, underwriter in the case of a negotiated sale,
trustees, registrars, paying agents, escrow agents, verification agents and any other professional
assistance that EWEB determines is necessary or convenient to accomplish the issuance and
sale of any or all of the Bonds, and any such appointment is hereby ratified.
Section 8. Official Statement and Disclosure Obligations. EWEB or any party
designated by EWEB is authorized to prepare and distribute or direct the preparation and
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distribution of one or more preliminary or final official statement(s) or other disclosure
document(s) for any of the Bonds, and to enter into continuing disclosure agreements for the
Bonds in accordance with Rule 15c2-12 of the United States Securities and Exchange
Commission. The City shall have no disclosure obligation related to the Bonds or any continuing
disclosure agreement for the Bonds. Any similar agreement for any other borrowing by EWEB
shall obligate only EWEB and not the City, and the City shall have no obligation to comply
with any of those agreements, or to report EWEB's compliance with those agreements to the
MSRB or any other party. In addition to complying with continuing disclosure agreements
related to any borrowings by EWEB, EWEB shall comply with its post issuance compliance
procedures in effect from time to time.
Section 9. Other Sale Documents. EWEB or any party designated by EWEB is
also authorized to obtain bond insurance or other credit enhancement or commitments therefor,
to obtain a rating on any or all of the Bonds from Moody's Investors Service, Inc., Standard &
Poor's and/or Fitch Ratings, and to issue and publish such notices of sale of the Bonds and
execute such purchase contracts as may be necessary or required to accomplish the sale of the
Bonds in accordance with this Resolution and to determine any other terms, conditions or
covenants regarding any or all of the Bonds, which are necessary or desirable to effect the sale
of any or all of the Bonds.
Section 10. Effective Date of Resolution. This Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution adopted by the City Council this 27th day of January,
2020.
City Recorder-1Dep1^}Y
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