2005 Arizona Revised Statutes - Revised Statutes §41-1553.03  Powers and duties of authority

A. The authority may:

1. Adopt and change bylaws and 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) Solicit and accept grants of monies, materials or property of any kind from any entity, on such terms and conditions as may be acceptable to the authority.

(b) Make and enter into contracts and agreements, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, and execute all instruments, perform all acts and do all things necessary to carry out the powers granted in this article including entering into partnership or joint venture agreements with any entity.

(c) Advise and consult with the legislature and federal and state agencies regarding methods, proposals, programs and initiatives relating to international trade or commerce.

(d) Acquire, sell, lease as lessor or lessee or otherwise dispose of any projects permitted by this article on the terms and conditions that the authority deems advisable and that are not in conflict with this article.

(e) Issue 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) Cooperate with other public and private economic development organizations involved in enhancing international trade or commerce and economic development.

(g) Consult with counties, cities, towns and other agencies and political subdivisions of this state relating to plans and projects authorized by this article.

(h) Establish advisory councils, consisting of members and with powers and duties as determined by the board, to advise and counsel the authority in carrying out its duties.

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 and 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 he 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. Before the authority approves any project pursuant to this article, the authority shall advertise the proposed project and consider alternative competing private sector proposals for the proposed project and shall submit the proposed project, if located in an incorporated area, to the governing body of the city or town in which the project may be located for its approval. If located in an unincorporated area, the project shall be submitted to the applicable county board of supervisors for their approval. If the authority receives one or more economical, advantageous and feasible private sector proposals, the authority shall provide that the project is undertaken as a private project.

E. In determining whether to acquire or approve any project, the authority shall limit consideration to projects that will be placed solely within the Arizona-Sonora border area.

F. 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 and will not result in the establishment or provision of facilities or services that are otherwise reasonably available.

G. No project shall be approved unless the authority 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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