Attachment A - AMERICAS 1105306790 v3 - NFP 2025 City Council Resolution.pdf

City of Phoenix — Formal (2025-10-15)

View PDF Meeting page

Extracted text (via pymupdf) 6390 characters
DRAFT
New Freedom Project
1 
Resolution No. ______ 
 1105306790\3\ 
RESOLUTION _____ 
A RESOLUTION GRANTING FINAL APPROVAL OF THE
ISSUANCE OF AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $120,000,000 OF REVENUE BONDS
(NEW FREEDOM PROJECT)
AND/OR SUBORDINATE
REVENUE 
CAPITAL 
APPRECIATION
BONDS 
(NEW
FREEDOM PROJECT) IN ONE OR MORE TAX-EXEMPT
AND/OR 
TAXABLE 
SERIES 
OF 
THE 
INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF PHOENIX,
ARIZONA
_______________
WHEREAS, The Industrial Development Authority of the City of Phoenix, Arizona 
(the “Authority”), is a nonprofit corporation designated a political subdivision of the State 
of Arizona (the “State”) incorporated with the approval of the City of Phoenix, Arizona (the 
“City”); and 
WHEREAS, Title 35, Chapter 5, of the Arizona Revised Statutes, Section 35-701 
et seq., as amended (the “Act”), authorizes the Authority to issue revenue bonds for the 
purposes set forth in the Act, including the making of secured and unsecured loans to 
finance or refinance the development, acquisition, construction, improvement, equipping 
or operation of a “project” (as defined in the Act) whenever the Board of Directors of the 
Authority finds such loans to further advance the interests of the Authority or the public 
interest, and to refund outstanding obligations incurred by an enterprise to finance the 
ATTACHMENT A

DRAFT
New Freedom Project
2 
Resolution No. ______ 
 1105306790\3\ 
costs of a “project” when the Board of Directors of the Authority finds that the refinancing 
is in the public interest; and 
WHEREAS, New Freedom Project, an Arizona nonprofit corporation and an 
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as 
amended (“New Freedom”), whose charitable purpose includes providing wide-ranging 
assistance to justice involved individuals who are reentering the community, currently 
collaborates with New Freedom, LLC, a Delaware limited liability company and private 
for-profit entity, and its affiliates and related entities (collectively, the “Seller”), to operate 
an outpatient treatment program for post incarcerated individuals that provides critical 
services to such individuals, including behavioral health counseling, peer support and 
mentoring, vocational education and job placement (the “Program”); and 
WHEREAS, New Freedom has requested that the Authority issue its Revenue 
Bonds (New Freedom Project) and Subordinate Revenue Capital Appreciation Bonds 
(New Freedom Project) in one or more tax-exempt and/or taxable series (the “Bonds”), 
pursuant to a plan of financing in an aggregate principal amount of not to exceed 
$120,000,000, the proceeds of which Bonds will be used by the Borrower (defined below) 
to finance all or a portion of the costs of: (a) acquiring (i) the membership interests in, and 
thereby the assets owned and used by New Freedom Ops, LLC, a Delaware limited 
liability company whose sole member is the Seller (“Operating Company”), (ii) the land, 
buildings and related amenities comprising a facility located at 2532 West Peoria Avenue, 
Phoenix, Arizona (the “Peoria Avenue Facility”), and (iii) the land, buildings and related 
amenities comprising a facility located at 20221 North 29th Avenue, Phoenix, Arizona (the 
“29th Avenue Facility” and, together with the Peoria Avenue Facility, the “Facilities”); (b)

DRAFT
New Freedom Project
3 
Resolution No. ______ 
 1105306790\3\ 
funding any required reserve funds; (c) paying a portion of the interest on the Bonds; and 
(d) paying fees, expenses and costs incurred in connection with the authorization,
issuance and sale of the Bonds (collectively, the “Project”), all in accordance with the Act; 
and 
WHEREAS, in furtherance of the purposes of the Act and in the interest of the 
Authority and the public thereunder, the Authority proposes to issue the Bonds and loan the 
proceeds thereof to New Freedom, Operating Company, and New Freedom Prop, LLC, an 
Arizona limited liability company whose sole member is New Freedom (“Property Company” 
and, collectively with New Freedom and Operating Company and their successors, 
assignees, and designees, the “Borrower”) to finance all or a portion of the costs of the 
Project; and 
WHEREAS, the Authority, by Resolution 2025-15, duly adopted by the Board of 
Directors of the Authority at a lawful meeting called and held on September 18, 2025 
granted approval of the issuance and assignment of the Bonds in an aggregate principal 
amount not to exceed $120,000,000; and 
WHEREAS, Section 35-721(B) of the Act provides that the proceedings of the 
Authority under which the Bonds are to be issued require the approval of the Council of 
the City; and 
WHEREAS, Section 147(f) of the Code requires that an “applicable elected 
representative” (as that term is defined in the Code) approve the issuance of the Bonds 
and the plan of finance for the Project following a public hearing, which public hearing 
was held by the Authority on October 7, 2025; and

DRAFT
New Freedom Project
4 
Resolution No. ______ 
 1105306790\3\ 
WHEREAS, information regarding the Project to be financed with the proceeds of 
the Bonds has been presented to the Council of the City; and 
WHEREAS, it is intended that this Resolution shall constitute approval by the 
Council of the City pursuant to Section 35-721(B) of the Act and of the “applicable elected 
representative” as defined in Section 147(f) of the Code with respect to the Obligations. 
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 
PHOENIX, ARIZONA as follows: 
SECTION 1. The proceedings of the Authority under which the Bonds are to be
issued are hereby approved.
SECTION 2. The issuance of the Bonds and the plan of finance for the Project are 
hereby approved for purposes of Section 147(f) of the Code. 
SECTION 3. Notice of Arizona Revised Statutes Section 38-511 is hereby given.
The provisions of that statute are by this reference incorporated herein to the extent of
their applicability to matters contained herein.

DRAFT
New Freedom Project
5 
Resolution No. ______ 
 1105306790\3\ 
PASSED BY THE COUNCIL OF THE CITY OF PHOENIX, ARIZONA this ___ day 
of October, 2025.  
MAYOR 
ATTEST: 
Denise Archibald, City Clerk 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
By: 
     Chief Counsel David H. Benton 
REVIEWED BY: 
Jeffrey Barton, City Manager