Attachment A - Emory Heights 2025 - City Council Resolution FINAL.pdf
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DRAFT 4923-0413-5968.2 RESOLUTION _____ A RESOLUTION APPROVING THE PLAN OF FINANCING AND ISSUANCE OF NOT TO EXCEED $15,000,000 PRINCIPAL AMOUNT OF ONE OR MORE TAX-EXEMPT AND/OR TAXABLE SERIES OF MULTIFAMILY HOUSING REVENUE BONDS (EMORY HEIGHTS) 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 acquisition, construction, improvement, equipping or operation of a “project” (as defined in the Act) whenever the Board of Directors of the Authority (the “Authority Board”) 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 costs of a “project” when the Authority Board finds that the refinancing is in the public interest; and WHEREAS, Phoenix North 17th Avenue LP, an Arizona limited partnership (the “Borrower”), has requested that the Authority issue its revenue bonds for the purpose of assisting the Borrower to finance and/or refinance, as applicable, all or a portion of the cost of: (a) the acquisition, construction, development, improvement, equipping and/or Attachment A DRAFT 2 Resolution No. ______ 4923-0413-5968.2 operating of a multifamily residential rental housing community to be known as “Emory Heights” (including improvements and facilities functionally related and subordinate thereto) expected to be comprised of approximately 62 units (all or a portion of which will be set aside for occupancy by low- to moderate-income tenants) to be situated on approximately 1.519 acres and generally located at 5307 and 5245 North 17th Avenue, Phoenix, Arizona 85015, (b) funding any required reserve funds, (c) paying capitalized interest on the below-defined Bonds, if any, and (d) paying costs and expenses incurred in connection with the issuance of such Bonds (collectively, the “Project”); and WHEREAS, the Authority, by Resolution 2025-06, adopted by the Authority Board at a meeting called and held on March 20, 2025, as ratified by the Authority Board at a meeting duly called and held on March 26, 2025, granted approval of the issuance and sale of its Multifamily Housing Revenue Bonds (Emory Heights), in one or more tax- exempt and/or taxable series (the “Bonds”), from time to time pursuant to a plan of financing, in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be used to finance the Project; 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 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 tax-exempt portion of the Bonds and the plan of financing for the Project following a public hearing, which public hearing was held by the Authority on March 13, 2025; and DRAFT 3 Resolution No. ______ 4923-0413-5968.2 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 Bonds. 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 financing 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 4 Resolution No. ______ 4923-0413-5968.2 PASSED BY THE COUNCIL OF THE CITY OF PHOENIX, ARIZONA this 23rd day of April, 2025. MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City Attorney REVIEWED BY: City Manager