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6A Northwestern College PUblic Hearing for Conduit Debt Issuance
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6A Northwestern College PUblic Hearing for Conduit Debt Issuance
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11-30-09 Council Regular
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11-30-09 Council Regular
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must approve the Project on the basis of an app[ication sub�nitted by the City with ali required <br />attachmenfis and exhibits (thE "DEHD Application")_ <br />1 AS. A draft copy of the DEED Application, together with drafts of all required attachments <br />and exhibits, as prepared by Ker�nedy & Graven, Chartered, as Bond Ca�nsel, is on �Ie with the City and <br />is available for public inspection �n tt�e office of the City Administrator during regular business hours of <br />the City. <br />S�ctian 2. Preliminary A��rc�va�. <br />2.OI. The Project is hereby given prelim�nary approval by the City. The iss�ance of the Notes <br />in the approxirnate aggregate prir�cipal amount not to exceed $9,Q00,000 to �ina�ce the Project is here�y <br />approved subject to t�e approval of the Project by DE�D as required by the Act, and subject ta ti�e mutuat <br />agreemeni af the City, the Barrawer, and the initial purchasers of the NQtes as to the details of the Notes <br />and provisions for their paymeni. In all events, it is understood, however, that the Notes shall not <br />constiiute a charge, lien, or encumbrance, legai or equitable, upon any Property of the City except the <br />Ciry's interest ir� t�e Ioan or revenue agreement with raspect to the Notes and t�e 1'roject, and the Notes, <br />when, as, and rf issued, shall recite in substance that the Notes, inciuding interest thereon, are payabie <br />solely fronn ihe revenues received from the Project and property ptedg�d to the payment thereof, and shal! <br />r�o� constitute a general or moral obligation of the City. <br />2.02. It is hereby found and determined that the Project furthers the purposes set for�h in the <br />Act and the Project constilutes a"pro�ect" within the meaning of Section 469. � 53, subdivision 2(b) of the <br />Aci. <br />2.03. In accardance with Section 469.154 of the Act, the City Adrtiinisirator of the Ciry is <br />hereby authorized and directed to sub�nit the propasal for the Project to DEED. The City Adrnin�strator <br />and other officers, employees and agents of the City are hereby authorized to provide DEED with any <br />preIim�nary in%rrr�ation needed for �his �urpose, and the City Administrator is autharized to initiate and <br />assist in the preParaiion of such documents as may be appropriate to the Project, if it is approved_ <br />2.04. The Borrower will pay any administrative fees of th� City and pay, or, upon demand, <br />reimburse the City for payment of, any and al� costs incurred by tt�e City in cannection with the Project <br />and the issuance of the Bor�ds, whether or r�ot the Bonds are issued. <br />2.05. The adoption of this Resolution does not constitute a guaranry or frm comrnitm�nt that <br />the City will issue the Notes as requested by t�e Borrower. The City retai�s the right in its sole discretion <br />to withdraw from participation and accordingly not to issue the Notes, or issue the Nc�ies in an amount <br />less than the amount referred to herein, shouid the City at any time prior % issuance thereof determine <br />that it is in the b�st interest of the City not to issue the Notes, or to issue the Notes ir� ari amaunt less than <br />the arr�ount referred to in Section 2_O1 hereof, or should the parties to the transaction be unable to reach <br />agree�ent as to the terms and conditions of any of the documents req�ired for the lransaction. <br />2.d6. This Resolution shalt be in full fvrce and effect fram and at�er its passage. <br />2 <br />
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