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4. The Mayor and staff of the City are hereby authorized and directed to submit a request <br />for allocation of federal bonding authority for the Project. The staff are also authorized to publish <br />notice of a public hearing on the Company's proposal at a later appropriate date in the manner <br />required by the Act. <br />5. Company has agreed and it is hereby determined that any and all costs incurred by the <br />City in connection with the financing of the Project, including legal fees, whether or not the Project <br />is carried to completion and whether or not volume cap is obtained will be paid by Company. <br />6. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to <br />assist in the preparation and review of necessary documents relating to the Project, to consult with <br />the City Attorney, Company and the purchaser of the Bonds as to the maturities, interest rates and <br />other terms and provisions of the Bonds and as to the covenants and other provisions of the <br />necessary 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 shall authorize <br />the expenditure of any municipal funds on the Project other than the revenues derived from the <br />Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, <br />lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue <br />and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. <br />The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the <br />City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment <br />thereof against any property of the City. The Bonds shall recite in substance that the Bonds <br />including interest thereon, are payable solely from the revenue and proceeds pledged to the payment <br />thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional <br />or statutory limitation. <br />8. In anticipation of the issuance of the Bonds to finance all or a portion of the Project, and <br />in order that completion of the Project will not be unduly delayed when approved, Company is <br />hereby authorized to make such expenditures and advances toward payment of that portion of the <br />costs of the Project as Company considers necessary, including the use of interim, short-term <br />financing, subject to reimbursement from the proceeds of the Bonds if and when delivered but <br />otherwise without liability on the part of the City. <br />1062072.1 3 <br />