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<br />4.01. Authorization. The City hereby authorizes the issuance of the Bonds in an <br />aggregate principal amount not to exceed $13,785,000, in the general form and upon the general <br />terms set forth in the Loan Agreement, the Subordinate Loan Agreement, the Indenture and this <br />Resolution. The Mayor and City Manager are authorized to approve the final terms and <br />conditions of the Bonds; provided that (i) the aggregate principal amount thereof shall not exceed <br />$13,785,000, (ii) the maximum interest rate on the 1998A Bonds shall not exceed 6.00% per <br />annum; the maximum interest rate on the 1998B Bonds shall not exceed 6.75% per annum, and <br />the maximum interest rate on the 1998C Bonds shall not exceed 8.25% per annum, and (iii) the <br />final maturity date shall not be later than December 1,2033. The Bonds shall be sold to the <br />Purchaser pursuant to the Bond Purchase Agreement at a price not less than the principal amount <br />thereof plus accrued interest thereon, if any, and the Borrower shall pay to the Purchaser an <br />underwriting fee not in excess of $165,000. <br /> <br />4.02. Execution. The Mayor and the City Manager are hereby authorized and directed to <br />execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee, <br />together with a certified copy of this Resolution, the other documents required in the Indenture, <br />and such other certificates, documents and instruments as may be appropriate to effect the <br />transactions herein contemplated. The Trustee is hereby appointed authenticating agent for the <br />Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1. <br /> <br />Section 5. Authentication of Proceedings. <br /> <br />The Mayor, City Manager and other officers of the City are authorized and directed to <br />furnish to the Purchaser and counsel to the Purchaser certified copies of all proceedings and <br />records of the City relating to the Bonds, and such other affidavits and certificates as may be <br />required to show the facts relating to the legality and marketability of the Bonds as such facts <br />appear from the books and records in the officer's custody and control or as otherwise known to <br />them, and all such certified copies, certificates and affidavits, including any heretofore furnished, <br />shall constitute representations of the City as to the truth of all statements of fact contained <br />therein. <br /> <br />Section 6. Limitations of the City's Obligations. <br /> <br />Notwithstanding anything contained in the Bonds or the Bond Documents, the Bonds <br />shall not constitute a debt of the City within the meaning of any constitutional or statutory <br />limitation, and shall not be payable from nor charged upon any funds of the City other than the <br />revenues pledged to the payment thereof pursuant to the Bond Documents, and no holder of the <br />Bonds shall evcr have thc right to compel any exercise of the taxing power of the City to pay the <br />Bonds or the premium, if any, or interest thereon, or to enforce payment thereof against any <br />property of the City other than those rights and interests of the City which have been pledged to <br />the payment thereof pursuant to the Bond Documents, and the Bonds shall not constitute a <br />charge, lien or encumbrance, legal or equitable, upon any property of the City other than those <br />rights and interests of the City which have been pledged to the payment thereof pursuant to the <br /> <br />-4- <br />