Attachment D - AMERICAS 1097688520 v1 - PHOENIX CITY COUNCIL RESOLUTION (final).pdf
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4887-0962-3165.5 ATTACHMENT D THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICAL COPY OF THE FINAL ADOPTED RESOLUTION RESOLUTION NO. ______ A RESOLUTION APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF PHOENIX, ARIZONA, OF SINGLE FAMILY MORTGAGE REVENUE BONDS, IN ONE OR MORE SERIES PURSUANT TO A PLAN OF FINANCE, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $200,000,000, TO FINANCE THE SERIES 2023 SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF PHOENIX, ARIZONA AND THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA, AND APPROVING A COOPERATIVE/ INTERGOVERNMENTAL AGREEMENT, THE STANDARDS AND REQUIREMENTS AND THE GENERAL PLAN RELATING TO THE PROGRAM AND THE BONDS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS ___________________ WHEREAS, The Industrial Development Authority of the City of Phoenix, Arizona (the “Phoenix 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, The Industrial Development Authority of the County of Maricopa (the “Maricopa Authority” and, together with the Phoenix Authority, the “Authorities”) is a nonprofit corporation designated a political subdivision of the 2 Resolution No. ____ 4887-0962-3165.5 State incorporated with the approval of Maricopa County, Arizona (“Maricopa County”); and WHEREAS, Title 35, Chapter 5, of the Arizona Revised Statutes, Sections 35-701 et seq., as amended (the “Act”), authorizes the Authorities and each of them to issue revenue bonds to finance directly or indirectly the acquisition, construction, improvement or equipping of projects which are owner-occupied single-family dwelling units to be occupied by persons of low and moderate income; and WHEREAS, the Authorities, the City and Maricopa County will enter into an agreement (the “Cooperative/Intergovernmental Agreement”) providing for the Authorities’ cooperation in jointly issuing bonds in an aggregate principal amount not to exceed $200,000,000 (the “Series 2023 Program Bonds”) to finance their Series 2023 Single Family Mortgage Revenue Bond Program (the “Series 2023 Program”) to finance directly or indirectly the acquisition, construction, improvement or equipping of projects which are owner-occupied single-family dwelling units to be occupied by persons of low and moderate income throughout the area within Maricopa County (the “Project”) and providing that the combined jurisdictions of the Phoenix Authority and the Maricopa Authority will be the jurisdiction of both of the Authorities for purposes of the Series 2023 Program; and WHEREAS, Section 35-706(D) of the Act provides that the Standards and Requirements adopted by the Authorities for the Series 2023 Program and the Series 2023 Program Bonds requires the approval of the Council of the City; and 3 Resolution No. ____ 4887-0962-3165.5 WHEREAS, Section 35-726(A) of the Act provides that the General Plan adopted by the Authorities for the Series 2023 Program and the Series 2023 Program Bonds requires the approval of the Council of the City; and WHEREAS, the Phoenix Authority, by Resolution No. 2023-14, duly adopted by the Board of Directors of the Phoenix Authority at a lawful meeting called and held on September 21, 2023, granted approval to the issuance and sale by the Phoenix Authority, jointly with the Maricopa Authority, of one or more series of the Series 2023 Program Bonds pursuant to a plan of finance in an aggregate principal amount not to exceed $200,000,000; and WHEREAS, 35-721(B) of the Act provides that the proceedings of the Phoenix Authority under which the Series 2023 Program Bonds are to be issued require the approval of the Council of the City for the issuance of the Series 2023 Program Bonds; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) requires that an “applicable elected representative” (as that term is defined in the Code) approve the issuance of the Series 2023 Program Bonds and the plan of finance for the Project following a public hearing, which public hearing was jointly held by the Phoenix Authority and the Maricopa Authority on October 10, 2023; and WHEREAS, information regarding the Series 2023 Program and the Series 2023 Program Bonds has been presented to the Council of the City; and 4 Resolution No. ____ 4887-0962-3165.5 WHEREAS, it is intended that this Resolution shall constitute approval by the Council of the City pursuant to Sections 35-706(D), 35-726(A) and 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 Series 2023 Project Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, ARIZONA as follows: SECTION 1. The Cooperative/Intergovernmental Agreement relating to the Series 2023 Program is hereby approved. The City Manager, or his designee, is hereby authorized to execute the Cooperative/Intergovernmental Agreement. The Cooperative/Intergovernmental Agreement is to be in substantially the form now before the Council at this meeting and hereby approved, or with such changes therein as shall be approved by the City Manager, or his designee, the officers of the Authorities executing the same and by all other necessary parties, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of the Cooperative/Intergovernmental Agreement now before this Council. SECTION 2. The Standards and Requirements adopted by the Authorities for the Series 2023 Program and the Series 2023 Program Bonds are hereby approved. The Standards and Requirements are to be in substantially the form now before the Council at this meeting and hereby approved, or with such changes therein as shall be approved by the officers of the Authorities executing the same and by all other necessary parties, their execution thereof to constitute conclusive 5 Resolution No. ____ 4887-0962-3165.5 evidence of their approval of any and all changes or revisions therein from the form of the Standards and Requirements now before this Council. SECTION 3. The General Plan adopted by the Authorities for the Series 2023 Program and the Series 2023 Program Bonds is hereby approved. The General Plan is to be in substantially the form now before the Council at this meeting and hereby approved, or with such changes therein as shall be approved by the officers of the Authorities executing the same and by all other necessary parties, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of the General Plan now before this Council. SECTION 4. The proceedings of the Phoenix Authority under which the Series 2023 Program Bonds are to be issued are hereby approved. SECTION 5. The issuance of the Series 2023 Program Bonds and the plan of finance for the Project are hereby approved for purposes of Section 147(f) of the Code. SECTION 6. The City Manager, or his designee, is hereby authorized to execute all necessary documents. SECTION 7. 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 under the laws of the State. 6 Resolution No. ____ 4887-0962-3165.5 PASSED BY THE COUNCIL OF THE CITY OF PHOENIX, ARIZONA this 18th day of October, 2023. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Acting City Attorney REVIEWED BY: City Manager