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Res 1994 - Sewer Revenue Bonds COUNCIL BILL NO. 2864 RESOLUTION NO. 1994 A RESOLUTION OF THE CITY OF WOODBURN, OREGON, AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS FOR A TOTAL OF NOT TO EXCEED $43.5 MILLION, AND PROVIDING FOR PUBLICATION OF NOTICE WHEREAS, the City finds that it is financially feasible and in its best interests to (i) refinance capital construction and improvements for the City's wastewater system previously financed through loans from the Oregon Department of Environmental Quality ( "DEQ ") and the Oregon Economic and Community Development Department (now known as the Oregon Business Development Department and herein referred to as "OBDD "), and (ii) finance additional capital improvements to the City's wastewater system (collectively, the "Projects "); and WHEREAS, the City is authorized to finance the Projects by issuing revenue bonds pursuant to Oregon Revised Statutes Section 287A.150 (the "Statute "); and WHEREAS, the estimated cost of refinancing and financing the Projects, includin'g bond issuance costs and debt service reserves, is estimated to be approximately $43.5 million; and WHEREAS, the City will cause to be prepared a plan showing that the City's estimated net sewer revenues are sufficient to pay the estimated debt to be incurred by the City under the revenue bonds issue authorized by this resolution, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Revenue Bonds Authorized. The City is hereby authorized to issue not to exceed $43,500,000 in aggregate principal amount of the City's sewer revenue bonds to refund one or more of the currently outstanding DEQ and OBDD loans previously executed by the City to finance improvements to the City's wastewater system and to finance additional improvements to the City's wastewater system. Prior to selling the bonds the City Council shall establish by resolution: (a) Whether the bonds shall be sold at public competitive bid sale or private negotiated sale; Page 1 - Council BiII No. 2864 Resolution No. 1994 (b) The maximum discount to be allowed upon sale of the bonds; (c) The schedule for bond principal repayment; (d) The terms under which additional bonds may be issued; (e) The terms by which bonds may be redeemed prior to maturity; (f) The amount of any reserves to be established for the bonds and the manner in which the reserves shall be funded; (g) The covenants which the City will make with bondowners regarding operation of the Projects; (h) The revenues to be pledged to payment of the bonds; (1) Whether the pledged revenues shall be held by a trustee, and if they are so held, the trustee's duties; (j) Whether security interests should be granted; and (k) Any other terms, conditions or covenants regarding the bonds, the Projects or the revenues which are necessary or desirable to effect the sale of the bonds. Section 2. Notice; Procedure. (a) No bonds may be sold, and no purchase agreement for the bonds may be executed, until at least sixty (60) days after publication of the Notice of Revenue Bond Authorization, which is attached to this resolution as Exhibit "A" (the "Notice "). The Notice shall specify the last date on which petitions may be submitted, and shall be published in at least one newspaper of general circulation in the City in the same manner as are other public notices of the City. (b) If petitions for an election, containing valid signatures of not less than five percent (5 %) of the City's electors, are received within the time indicated in the Notice, the question of issuing the bonds shall be placed on the ballot at the next legally available election date. If such petitions are received, no bonds may be sold until this resolution and the question of issuing the bonds is approved by a majority of the electors of the City who vote on that question. (c) The bonds shall be issued and sold in accordance with the Statute. Page 1 - Council Bill No. 2864 Resolution No. 1994 Section 3. Bonds Payable Solely 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 City's legally available revenues which the City pledges to payment of the bonds pursuant to the Statute and the resolution to be adopted by the City pursuant to Section 1 of this resolution. .0�. 5/1 r/2 0 Approved as to form. City Attorney Date Approved: A 4 A 0 athr Figley, • or • Passed by the Council 3A13 /2o/ Submitted to the Mayor .f gfre,4 1 Approved by the Mayor ,S7a// Filed in the Offic- •f the Recorder .00 /zei/ ATTEST: -- ��!` - -' _ Christina Shear -r, C ty Recorder Page 1 - Council Bill No. 2864 Resolution No. 1994 • EXHIBIT A Notice of Revenue Bond Authorization NOTICE IS HEREBY GIVEN that the City Council of City of Woodburn, in Marion County, Oregon (the "City "), adopted Resolution No. 1994 on May 23, 2011, authorizing the issuance of sewer revenue bonds. The bonds will be issued to (i) refinance capital construction and improvements for the City's wastewater system that were originally financed with loans from the Oregon Department of Environmental Quality and the Oregon Economic and Community Development Department (now the Oregon Business Development Department), and (ii) to finance additional improvements to the City's wastewater system. The City Council may establish by subsequent resolution all terms, conditions and covenants regarding the bonds and the revenues which are necessary or desirable to effect the sale of the bonds. • The City estimates that the bonds will be issued in an aggregate principal amount of not to exceed $43,500,000; bond principal and interest are expected to be paid from City revenues. The bonds will not be general obligations of the City, nor a charge upon its tax revenues, but will be payable solely from the revenues, including sewer system revenues, which the City pledges to the payment of the bonds. If written petitions, signed by not less than five percent (5 %) of the City's electors, are filed at the Office of the City Recorder on or before , 2011 (the 61st day after the date of publication of the notice), the questions of issuing the revenue bonds shall be placed on the ballot at the next legally available election date. The Office of the City Recorder is located at 270 Montgomery Street, Woodburn, Oregon, 97071. The resolution authorizing the bonds is available for inspection at the Office of the City Recorder. The bonds will be issued and sold pursuant to Oregon Revised Statutes Section 287A.150(4). BY ORDER OF THE CITY COUNCIL OF CITY OF WOODBURN, OREGON. Exhibit A (Notice of Revenue Bond Authorization)