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<br />Section 3. Approval and Authorization. <br /> <br />3.01. Subject to the holding of a public hearing according to law and subject to <br />the mutual agreement of the County, the Borrower, the initial purchaser ofthe Bonds, the cities <br />named herein as parties to the proposed Joint Powers Agreement and other parties to the <br />proposed transaction as to the details of an indenture, loan agreement, Joint Powers Agreement <br />and/or other documents necessary to evidence and effect the financing the Project and the <br />issuance of the Bonds, the issuance of revenue bonds of the County, in one or more series, in an <br />amount not to exceed $125,000,000, is hereby preliminarily approved and authorized to finance <br />the Proj ect. <br /> <br />3.02. Neither this preliminary commitment nor any actions, agreements, or legal <br />matters related hereto or executed in pursuance hereof, shall in any manner or form create an <br />indebtedness or liability of the County. <br /> <br />3.03. The passage ofthis resolution does not finally commit the County to issue <br />the Bonds nor, if applicable, establish priority for purposes of staying within the limitations <br />established by federal law for the amount of private activity bonds that may be issued by the <br />County or the State of North Dakota. <br /> <br />Section 4. Public Hearing. <br /> <br />4.01. Since a public hearing, after notice according to law, is required for final <br />approval of the issuance of the Bonds, a public hearing on the issuance of the Bonds shall be <br />held at the County Commission Room, County Hall, Cass County Courthouse, City of Fargo, <br />North Dakota, on the 22nd day of January, 2008 at 3:30 p.m. and the County Auditor is hereby <br />instructed to give notice of such public hearing according to law. <br /> <br />4.02. Public notice in substantially the form attached to this Resolution as Exhibit <br />A, together with such additions and deletions as the County Auditor shall approve shall be <br />published in the County's official newspaper as required by law, and bond counsel shall arrange <br />for such publication. <br /> <br />Dated this 17th day of December, 2007. <br /> <br />Chairman, Cass County Commission <br /> <br />Attest: <br /> <br />County Auditor <br /> <br />Member <br /> <br />seconded the above resolution and upon vote being taken <br /> <br />thereon the following voted in favor: <br /> <br />3 <br />