41-4504. Powers and duties of the authority
A. The authority may:
1. Adopt and amend bylaws and adopt an official seal.
2. Maintain an office.
3. Sue and be sued.
4. Employ an executive director at the compensation and on the terms and conditions determined by the board and employ or contract for administrative and clerical staff, professional and administrative experts and other staff as necessary to enable the authority to carry out its purposes.
5. Engage in any lawful activities to facilitate the development of international trade or commerce between this state and other countries, including any of the following:
(a) Soliciting and accepting grants of monies, materials or property of any kind from any entity on terms and conditions that are acceptable to the authority.
(b) Making and entering into contracts and agreements, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, and executing all instruments, performing all acts and doing all things necessary to carry out the powers granted in this chapter, including entering into partnership or joint venture agreements with any entity.
(c) Advising and consulting with the legislature and federal and state agencies regarding methods, proposals, programs and initiatives relating to international trade or commerce.
(d) Acquiring, selling, leasing as lessor or lessee or otherwise disposing of any projects permitted by this chapter on terms and conditions that the authority deems advisable and that are not in conflict with this chapter.
(e) Issuing revenue bonds for the purpose of defraying the cost of acquiring or operating any project or to refund, at or before maturity, any outstanding bonds or other indebtedness.
(f) Issuing grants or loans.
(g) Cooperating with other public and private economic development organizations involved in enhancing international trade or commerce and economic development.
(h) Consulting with counties, cities, towns and other agencies and political subdivisions of this state and border regional port authorities relating to plans and projects authorized by this chapter.
(i) Establishing in each of the border counties an advisory council, consisting of members and with powers and duties as determined by the board, to advise and counsel the authority in carrying out its duties. In those counties where a border regional port authority exists, the authority shall designate that border regional port authority as the advisory council for that county. The authority may designate only one border regional port authority in each county as an advisory council.
(j) Delegating the powers and duties prescribed in this section to a border regional port authority. A border regional port authority that is designated pursuant to this subdivision may take actions using those delegated powers only on the approval of and with oversight by the board.
B. On or before December 1 of each year, the authority shall make a verified statement of the financial condition of the authority as of and for the year ending on the preceding June 30, showing particularly the receipts and disbursements of the authority during the fiscal year, the source of the receipts and the purpose of the disbursements. Within one hundred twenty days after the end of each fiscal year, the authority shall cause an audit to be made of the funds of the authority by a certified public accountant and shall file a copy of the audit with the auditor general. The auditor general may make any further audits and examinations as the auditor general deems necessary and may take appropriate action relating to the audit pursuant to chapter 7, article 10.1 of this title. If the auditor general takes no official action within ninety days after the audit is filed, the audit is deemed sufficient. The board shall pay any fees and costs of the certified public accountant and the auditor general under this section from the Arizona international development authority fund.
C. The authority shall establish an application process and related procedures for use by the authority in evaluating any proposed project. Any proprietary information submitted to the authority by any private entity in connection with any application is not a public record under title 39, chapter 1, article 2, shall be treated as confidential information and shall not be released without the express consent of the entity submitting the information.
D. In determining whether to acquire or approve any project, the authority shall limit consideration to projects that will be placed solely within the Arizona-Mexico border area.
E. Before proceeding with any project, the board shall adopt a resolution approving the project, setting forth the scope of the project and stating, among other things, that the authority has determined that the project will be in the best interests of this state.
F. The board shall not approve a project unless the board has determined that the project complies with zoning and other applicable development standards of the county, city or town with zoning jurisdiction over the property on which it is to be located.
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