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-3- <br />5. Company has agreed and it is hereby determined that any and all costs <br />• incurred by the City in connection with the financing of the Project whether or not <br />the Project is carried to completion and whether or not approved by the Authority <br />will be paid by Company; <br />6. Briggs and Morgan, Professional Association, acting as bond counsel, is <br />authorized to assist in the preparation and review. of necessary documents relating <br />to the Project, to consult with the City Attorney, Company and the purchaser of <br />the Revenue Bonds as to the maturities, interest rates and other terms and provisions <br />of the Revenue Bonds and as to the covenants and other provisions of the necessary <br />documents and to submit such documents to the Council for final approval; <br />7. Nothing in this resolution or in the documents prepared pursuant hereto <br />shall authorize the expenditure of any municipal funds on the Project other than <br />the revenues derived from the Project or otherwise granted to the City for this <br />purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, <br />legal or equitable, upon any property or funds of the City except the revenue and <br />proceeds pledged to the payment thereof, nor shall the City be subject to any <br />liability thereon. The holder of the Revenue Bonds shall never have the right to <br />compel any exercise of the taxing power of the City to pay the outstanding <br />principal on the Revenue Bonds or the interest thereon, or to enforce payment <br />thereof against any property of the City. The Revenue Bonds, including interest <br />thereon, is payable .solely from the revenue and proceeds pledged to the payment <br />thereof. The Revenue Bonds shall not constitute a debt of the City within the <br />meaning of any constitutional or statutory limitation; <br />• $. In anticipation of the approval by the Authority the issuance of the Revenue <br />Bonds to finance all or a portion of the Project, .and in order that completion of <br />the Project will not be unduly delayed when approved, Company is hereby authorized <br />to make such expenditures and advances toward payment. of that portion of the costs <br />of the Project to be financed from the proceeds of the Revenue Bonds as Company <br />considers necessary, including the use of interim, short-term financing, subject <br />to reimbursement from the proceeds of the Revenue Bonds if and when delivered but <br />otherwise without liability on the part of the City; <br />The motion for the foregoing Resolution was duly seconded by Mayor Warkentien <br />and upon a vote being taken, the following voted in favor thereof: Mayor <br />Warkentien, Councilmembers Chestovich, Eggert and Ciernia, and the following <br />voted against the same: None. <br />WHEREUPON, the Resolution was declared duly passed and adopted. <br />Willis C. A. Warkentien, Mayor <br />ATTEST: <br />• ~.~"~ <br />Dewan B. Barnes, Clerk Administrator <br />Regular Meeting of the City Council on December 28, 1983 <br />