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<br />5. Briggs and Morgan, Professional Association, acting as bond counsel, and <br />Premier Bank, are authorized to assist in the preparation and review of necessary documents <br />relating to the Project, to consult with the City Attorney, the Corporation and the purchaser of the <br />Bonds as to the maturities, interest rate and other terms and provisions of the Bonds and as to the <br />covenants and other provisions of the necessary documents and to submit such documents to the <br />Council for final approval. <br /> <br />6. Nothing in this resolution or in the documents prepared pursuant hereto <br />shall authorize the expenditure of any municipal funds on the Project other than the revenues <br />derived nom the Project. The Bonds shall not constitute a charge, lien or encumbrance, legal or <br />equitable, upon any property or funds of the City except the revenue and proceeds pledged to the <br />payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds <br />shall never have the right to compel any exercise of the taxing power of the City to pay the <br />outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against <br />any property of the City. The Bonds shall recite in substance that the Bonds, including interest <br />thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The <br />Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory <br />limitation. <br /> <br />7. In anticipation of the approval by the Minnesota Department of Trade and <br />Economic Development 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, the <br />Corporation is hereby authorized to make such expenditures and advances toward payment of <br />that portion of the costs of the Project to be financed nom the proceeds of the Bonds as the <br />Corporation considers necessary, including the use of interim, short-term financing, subject to <br />reimbursement from the proceeds of the Bonds if and when delivered but otherwise without <br />liability on the part of the City. <br /> <br />8. A public hearing on the proposal of the Corporation will be held at the <br />time and place set forth in the Notice of Public Hearing hereto attached. <br /> <br />9. The general nature of the proposal and an estimate of the principal amount <br />of Bonds to be issued to finance the proposal are described in the attached form of Notice of <br />Public Hearing. <br /> <br />10 A draft copy of the proposed application to the Commissioner of the <br />Department of Trade and Economic Development, State of Minnesota, for approval of the <br />project, together with proposed forms of all attachments and exhibits thereto, is on file in the <br />office of the Manager. <br /> <br />11. The Manager is hereby authorized and directed to cause notice of the <br />hearing to be given one publication in the official newspaper of the City and also in a newspaper <br />of general circulation available in the City, not less than 14 days nor more than 30 days prior to <br />the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. <br /> <br />12. In accordance with Subdivision 3 of Section 469.154 of the Act, the <br />Mayor or the Manager of the City is hereby authorized and directed to submit the proposal for <br />the Project to the Minnesota Department of Trade and Economic Development requesting his or <br />her approval, and other officers, employees, and agents of the City are hereby authorized to <br /> <br />1342189v2 <br /> <br />3 <br />