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<br />.. <br /> <br />.. <br /> <br />. <br /> <br />4. In accordance with Section 474.01, Subdivision 7a, of the Act, the <br />Mayor of the City is hereby authorized and directed to submit the proposal for <br />the Project to the Commissioner of Securities, requesting her approval of the <br />Project. The Mayor, the City Manager, the City Attorney and other officers, <br />employees and agents of the City and Larkin, Hoffman, Daly & Lindgren, Ltd., <br />acting as bond counsel, are hereby authorized to provide the Commissioner with <br />such information as she may require. The City Attorney is authorized to <br />initiate and assist in the preparation of such documents as may be appropriate <br />to the Project, if it is approved by the Commissioner; <br /> <br />5. The Applicant has agreed and it is hereby determined that any and all <br />costs incurred by the City in connection with the financing of the Project will <br />be paid by Applicant whether or not approved by the Commissioner and whether or <br />not the Project is carried to completion; <br /> <br />6. Nothing in this resolution or in the documents prepared pursuant <br />hereto shall authorize the expenditure of any municipal funds on the Project <br />other than the revenues derived from the Project or otherwise granted to the <br />City for this purpose. The Revenue Bonds shall not constitute a charge, lien or <br />encumbrance, legal or equitable, upon any property or funds of the City except <br />the revenue and proceeds pledged to the payment thereof, nor shall the City be <br />subject to any liability thereon. The holder of the Revenue Bonds shall never <br />have the right to compel any exercise of the taxing power of the City to pay the <br />outstanding principal on the Revenue Bonds or the interest thereon, or to en- <br />force payment thereof against any property of the City. The Revenue Bonds shall <br />recite in substance that the Revenue Bonds , including interest, are payable <br />solely from the revenue and proceeds pledged to the payment thereof. The <br />Revenue Bonds shall not constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation; <br /> <br />7. In anticipation of the approval by the Commissioner of Securities and <br />the issuance of the Revenue Bonds to finance the Projec t, and in order that <br />completion of the Project will not be unduly delayed when approved, the <br />Applicant is hereby authorized to make such expenditures and advances toward <br />payment of that portion of the cost of the Project to be financed from the <br />proceeds of the Revenue Bonds as the Applicant considers necessary, including <br />the use of interim, short-term financing, subject to reimbursement from the <br />proceeds of the Revenue Bonds if and when delivered but otherwise without lia- <br />bility on the part of the City; <br /> <br />8. The actions of the City sta~f in causing notice of the Public Hearing <br />to be published and in describing the general nature of the Project and estimat- <br />ing the principal amount of Revenue Bonds to be issued to finance the Project <br />and in preparing a draft of the proposed application to the Commissioner of <br />Securities, State of Minnesota, for approval of the Project, which has been <br />available for inspection by the public at the office of the City Clerk from and <br />after the publication of notice of the hearing, are in all respects ratified and <br />confirmed; <br /> <br />9. The adoption of this Resolution does not constitute a guarantee or a <br />firm commitment that the City will issue the Revenue Bonds as requested by the <br />Applicant. The City retains the right in its sole discretion to withdraw from <br />participation and accordingly not issue the Revenue Bonds should the City at any <br />time prior to the issuance thereof determine that it is in the best interests of <br /> <br />3. <br />