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SECTION 2: The approvals herein given are in accordance with Sections 501.073 and <br />501.204 of the Act, and the Corporation's obligations pursuant to the Interlocal Cooperative <br />Agreement (the "Corporation Obligations") shall never be construed as an indebtedness or <br />pledge of the City or the State of Texas (the State), within the meaning of any constitutional or <br />statutory provision, and the owner of the Corporation Obligations shall never be paid in whole or <br />in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as <br />authorized pursuant to the Act) or any other revenues of the Corparation, the City, or the State, <br />except those revenues assigned and pledged by the Corporation Resolution. <br />SECTION 3: The City hereby agrees to promptly collect and remit to the Corporation <br />the Gross Sales Tax Revenues (as defined in the Corporation's currently outstanding sales tax <br />revenue refunding bond resolution) in accordance with the terms of the Corporation Resolution <br />and the Act to provide for the prompt payment of the Corporation Obligations, and to assist and <br />cooperate with the Corporation in the enforcement and collection of sales and use taxes imposed <br />on behalf of the Corporation. <br />SECTION 4: The existing Transfer Agreement (as defined in the Corporation's <br />currently outstanding sales tax revenue refunding bond resolution) by and between the City and <br />the Corparation is incorporated by reference as a part of this Resolution for all purposes, with <br />respect to the obligations of the City and Corporation during the time the Corporation <br />Obligations are outstanding, is hereby ratified as to form and substance and the Mayor and the <br />City Secretary are hereby authorized to execute and deliver any and all documents for and on <br />behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the <br />City Secretary and the other officers of the City are hereby authorized, jointly and severally, to <br />execute and deliver such endorsements, instruments, certificates, documents, or papers necessary <br />and advisable to carry out the intent and purposes of this Resolution. <br />SECTION 5: The recitals contained in the preamble hereof are hereby found to be true, <br />and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a <br />part of the judgment and findings of the City Council. <br />SECTION 6: All ordinances and resolutions, or parts thereof, which are in conflict or <br />inconsistent with any provision of this Resolution are hereby repealed to the extent of such <br />conflict, and the provisions of this Resolution shall be and remain controlling as to the matters <br />resolved herein. <br />SECTION 7: This resolution shall be construed and enforced in accordance with the <br />laws of the State of Texas and the United States of America. <br />SECTION 8: If any provision of this Resolution or the application thereof to any person <br />or circumstance shall be held to be invalid, the remainder of this Resolution and the application <br />of such provision to other persons and circumstances shall nevertheless be valid, and this City <br />Council hereby declares that this Resolution would have been enacted without such invalid <br />provision. <br />SECTION 9: It is officially found, determined, and declared that the meeting at which <br />this Resolution is adopted was open to the public and public notice of the time, place, and subject <br />95554389.9 -2- <br />