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3. The Project is hereby given preliminary approval by the <br />City subject to holding a public hearing with respect to the <br />Project and consideration of information, if any, presented and <br />further subject to final approval by this Council, Company, and the <br />purchaser of the Bonds as to the ultimate details of the financing <br />of the Project. <br />4. The Mayor and staff of the City are hereby authorized and <br />directed to submit a request for allocation of federal bonding <br />authority for the Project. <br />5. Company has agreed and it is hereby determined that any <br />and all costs incurred by the City in connection with the financing <br />of the Project, including legal fees, whether or not the Project is <br />carried to completion and whether or not volume cap is obtained <br />will be paid by Company. <br />6. Briggs and Morgan, Professional Association, acting as <br />bond counsel, is authorized to assist in the preparation and review <br />of necessary documents relating to the Project, to consult with the <br />City Attorney, Company and the purchaser of the Bonds as to the <br />maturities, interest rates and other terms and provisions of the <br />Bonds and as to the covenants and other provisions of the necessary <br />documents and to submit such documents to the Council for final <br />approval. <br />7. Nothing in this resolution or in the documents prepared <br />pursuant hereto shall authorize the expenditure of any municipal <br />funds on the Project other than the revenues derived from the <br />Project or otherwise granted to the City for this purpose. The <br />Bonds shall not constitute a charge, lien or encumbrance, legal or <br />equitable, upon any property or funds of the City except the <br />revenue and proceeds pledged to the payment thereof, nor shall the <br />City be subject to any liability thereon. The holder of the Bonds <br />shall never have the right to compel any exercise of the taxing <br />power of the City to pay the outstanding principal on the Bonds or <br />the interest thereon, or to enforce payment thereof against any <br />property of the City. The Bonds shall recite in substance that the <br />Bonds including interest thereon, are payable solely from the <br />revenue and proceeds pledged to the payment thereof. The Bonds <br />shall not constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation. <br />8. In anticipation of the issuance of the Bonds to finance <br />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 <br />hereby authorized to make such expenditures and advances toward <br />payment of that portion of the costs of the Project as Company con- <br />siders necessary, including the use of interim, short-term <br />financing, subject to reimbursement from the proceeds of the Bonds <br />if and when delivered but otherwise without liability on the part <br />of the City. <br />809021.2 3 <br />