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<br />Trade and Economic Development Authority (the "Authority"), (c) <br />review and approval of the proposed Project by the City's Bond <br />Counsel, (d) the availability of an allocation for the issuance <br />of tax exempt obligations, and (e) final approval by this <br />council, the Company, and the purchaser of the Revenue Bonds as <br />to the ultimate details of the financing of the Project; <br /> <br />4. Company has agreed and it is hereby determined that any <br />and all costs incurred by the City in connection with the <br />financing of the Project whether or not the Project is carried to <br />completion and whether or not approved by the city will be paid <br />by Company; <br /> <br />5. Nothing in this resolution or in the documents prepared <br />pursuant hereto shall authorize the expenditure of any municipal <br />funds on the Project other than the revenues derived from the <br />Project or otherwise granted to the City for this purpose. The <br />Revenue Bonds shall not constitute a charge, lien or encumbrance, <br />legal or equitable, upon any property or funds of the City except <br />the revenue and proceeds pledged to the payment thereof, nor <br />shall the City be subject to any liability thereon. The holder <br />of the Revenue Bonds shall never have the right to compel any <br />exercise of the taxing power of the City to pay the outstanding <br />principal on the Revenue Bonds or the interest thereon, or to <br />enforce payment thereof against any property of the City. The <br />Revenue Bonds shall recite in substance that the Revenue Bonds, <br />including interest thereon, is payable solely from the revenue <br />and proceeds pledged to the payment thereof. The Revenue Bonds <br />shall not constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation; <br /> <br />6. It is the purpose of this resolution to evidence the <br />commitment of the parties and their intentions with respect to <br />the proposed Project in order that the Company may proceed <br />without delay with the commencement of the acquisition, <br />installation and construction of the Project with the assurance <br />that there has been sufficient "official action" within the <br />meaning of the Internal Revenue Code of 1986, as amended, to <br />allow for the issuance of industrial revenue bonds (including, if <br />deemed appropriate, any interim note or notes to provide <br />temporary financing thereof) to finance the entire cost of the <br />Project upon agreement being reached as to the ultimate details <br />of the Project and its financing. <br /> <br />7. In anticipation of the final approval by the city of the <br />issuance of the Revenue Bonds to finance all or a portion of the <br />Project, and in order that completion of the Project will not be <br />unduly delayed when approved, the Company is hereby authorized to <br />make such expenditures and advances toward payment of that <br /> <br />381 <br /> <br />3 <br />