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82-2665
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82-2665
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8/15/2005 4:24:01 AM
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<br />Agreement, the Pledge Agreement, the Disbursement Agree- <br />ment or the Mort9a~e by reason-of the existence of any <br />facts contrary to t Is finding; <br /> <br />(i) no litigation is pending or, to the best know- <br />ledge of the members of this City Council, threatened <br />against the Issuer questioning the organization or boun- <br />daries of the Issuer or the right of any officer of the <br />Issuer to hold his or her office or in any manner ques- <br />tioning the right and power of the Issuer to execute and <br />deliver the Note or otherwise questioning the validi ty <br />of the Note or the execution, delivery or validity of <br />the Agreement, the pledge Agreement~ the Disbursing <br />Agreement or the Mortgage or questionIng the direction <br />of revenues to payment of the Note or the right of the <br />Issuer to loan the proceeds of the Note to the Borrower; <br /> <br />(j) all acts and things required under the Consti- <br />tution and the laws of the State of Minnesota to make <br />the Note, the Agreement, the Pledge Agreement the Dis- <br />bursement Agreement and the Mortgage the vali~and bind- <br />ing Obligations of the Issuer in accordance with their <br />terms shall have been done upon adoption of this Resolu- <br />tion and execution of the Note, the Agreement, the <br />Pledge Agreemen~ the Disbursement Agreement and the <br />Mortqaqe: provided that this finding is made solely for <br />the purpose of estopping the Issuer from denying the <br />validity of the Note, the Agreement, the Pledge Agree- <br />men~ the Disbursement Agreement or the Mortgage by <br />reason of the existence of any facts contrary to this <br />finding; and <br /> <br />(k) the Issuer, a municipal corporation and poli- <br />tical subdivision of the State of Minnesota, is duly <br />organi zed and existing under the Consti tution and the <br />laws of the State of Minnesota and is authorized to <br />issue the Note in accordance with the Act. <br /> <br />Section 3. Authorization and Sale. <br /> <br />3.01. Authorization. The Issuer is authorized by the <br />Act to issue revenue bonds and loan the proceeds thereof to <br />business enterprises to finance the acquisition, construc- <br />tion and installation of fac'ili ties consti tuting a "proj- <br />ect," as defined in the Act, and to make all contracts, <br />execute all instruments and do all things necessary or con- <br />venient in the exercise of such authority. <br /> <br />3.02. Preliminary Issuer Approval. By preliminary <br />resolution duly adopted by the City Council on October 26, <br />1982, after a public hearing held on that date, this City <br />Council approved the acquisition, construction and installa- <br /> <br />- 7 - <br />
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