Attachment A - City Council Resolution SSS Academy 9-7-2025 v3 FINAL.pdf
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DRAFT RESOLUTION _____ A RESOLUTION GRANTING FINAL APPROVAL OF THE ISSUANCE, IN ONE OR MORE SEPARATE TAXABLE OR TAX-EXEMPT SERIES AND SUBSERIES, OF A PRINCIPAL AMOUNT NOT TO EXCEED $150,000,000 OF EDUCATIONAL FACILITIES REVENUE BONDS (SSS ACADEMY PROJECT) OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF PHOENIX, ARIZONA _______________ WHEREAS, The Industrial Development Authority of the City of Phoenix, Arizona (the “Issuer”), 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 Issuer 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 acquisition, construction, improvement, equipping or operation of a “project” (as defined in the Act) whenever the Board of Directors of the Issuer finds such loans to further advance the interests of the Issuer or the public interest, and to refund outstanding obligations incurred by an enterprise to finance the costs of a “project” when the Board of Directors of the Issuer finds such loans to be in furtherance of the purposes of the Authority or in the public interest; and ATTACHMENT A DRAFT 2 Resolution No. _____ WHEREAS, the Borrower has requested that the Issuer issue, in one or more separate taxable or tax-exempt series and subseries, its Educational Facilities Revenue Bonds (SSS Academy Project) (the “Bonds”), pursuant to a Trust Indenture (the “Indenture”), between the Issuer and UMB Bank, National Association (the “Trustee”), and enter into a Loan and Security Agreement (the “Agreement”), between the Issuer and the Borrower, pursuant to which the Issuer will loan the proceeds of the Bonds to the Borrower for purposes of financing or refinancing the costs of (a) the acquisition, construction, completion and equipping of arena facility improvements located at 2727 W Bronco Butte Trail, Phoenix, Arizona, to be used as educational facilities by the Borrower (the “Facilities”); (b) funding a debt service reserve fund; (c) funding working capital and capitalized interest on the Bonds; and (d) paying certain costs of issuance of the Bonds (collectively, the “Project”), all in accordance with the Act; and WHEREAS, the Issuer, by Resolution 2025-16, duly adopted by the Board of Directors of the Issuer at a lawful meeting called and held on September 18, 2025, granted approval of the issuance and sale of the Bonds in an aggregate principal amount not to exceed $150,000,000; and WHEREAS, Section 35-721(B) of the Act provides that the proceedings of the Issuer 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 3 Resolution No. _____ 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 with respect to the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, ARIZONA as follows: SECTION 1. The proceedings of the Issuer 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. 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 Resolution No. _____ PASSED BY THE COUNCIL OF THE CITY OF PHOENIX, ARIZONA this ___ day of October, 2025. MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Acting City Attorney REVIEWED BY: City Manager