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RESOLUTION NO. 12520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA,
ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A FOREIGN-TRADE ZONE OPERATOR AGREEMENT FOR
FOREIGN-TRADE ZONE NO. 221 BETWEEN APPLE INC. AND THE CITY
OF MESA.
Whereas, the Foreign-Trade Zones Act of 1934, as amended, authorizes the Foreign-Trade
Zones Board to grant to certain corporations the privilege of establishing, operating, and
maintaining a foreign-trade zone in or adjacent to ports of entry under the jurisdiction of the
United States of America.
Whereas, the Foreign-Trade Zones program is intended to stimulate growth and development
in the United States and promote American competitiveness. It is designed to remove certain
disincentives associated with manufacturing in the United States, thereby encouraging
companies to maintain and expand their operations in the United States. The program does so
by allowing merchandise to be admitted and handled under special customs procedures, which
may include duty deferral, duty reduction in certain circumstances, and other customs-related
efficiencies as permitted by law.
Whereas, pursuant to the United States Foreign-Trade Zones Board Orders Nos. 883 and 1538
dated April 25, 1997, the City of Mesa is the grantee of Foreign-Trade Zone No. 221, which is
designated as a general-purpose zone. Foreign-Trade Zone No. 221 was reorganized under the
Alternative Site Framework, with a service area consisting of the City of Mesa, Arizona,
adjacent to the Phoenix U.S. Customs and Border Protection port of entry, as approved by the
U.S. Foreign-Trade Zones Board on July 15, 2022.
Whereas, under the Foreign-Trade Zones program, the grantee’s role is to sponsor and oversee
the zone and enter into written operator agreements, while the operator is responsible for the
day-to-day operation of the zone site and works directly with the U.S. Foreign-Trade Zones
Board and U.S. Customs and Border Protection to obtain activation, maintain compliance, and
conduct authorized foreign-trade zone activities, subject to providing reports, notices, and
updates to the City as required by the Operator Agreement.
Whereas, Apple Inc. is a high-tech manufacturing and storage facility, and desires to serve as
an authorized operator of Foreign-Trade Zone No. 221 at the premises described in the Operator
Agreement, and to conduct approved foreign-trade zone activities at the premises in accordance
with applicable federal law and the requirements of U.S. Customs and Border Protection and
the U.S. Foreign-Trade Zones Board.
Whereas, the City of Mesa, as contemplated by the Foreign-Trade Zones program, deems it
practicable to limit its participation in the day-to-day operations of Foreign-Trade Zone No. 221
and to place the foreign-trade zone operations at such premises under the supervision of the
operator pursuant to a written operator agreement.
Whereas, the City Council finds that approval of the Foreign-Trade Zone Operator Agreement
between the City of Mesa and Apple Inc. is in the best interests of the City and its residents.
{00601628.1}
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA:
Section 1:
The City Council approves the FTZ 221 Foreign-Trade Zone Operator Agreement
between the City of Mesa and Apple Inc. for the activation and operation of a high-tech
manufacturing and storage facility for foreign-trade zone activities at premises located at 3740 S
Signal Butte Rd, Mesa, AZ 85212. The City Manager or his designee is authorized, on behalf of
the City of Mesa, to execute the agreement and any amendments and modifications to the
agreement as necessary to carry out the intent of the agreement and that do not materially alter the
terms or structure of the agreement as it was presented to the City Council. The City Manager or
his designee is also authorized to take any other necessary steps to assist Apple Inc. locate and
conduct authorized foreign-trade zone activities within Foreign-Trade Zone No. 221.
Section 2:
The City Clerk is authorized and directed to attest to the signature of the City
Manager or his designee on all documents referenced in Section 1, including the FTZ 221 Foreign-
Trade Zone Operator Agreement.
Passed and adopted by the City Council of the City of Mesa on May 18, 2026.
_________________________________
Mark Freeman, Mayor
Attest:
_____________________________
Holly Moseley, City Clerk