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Council moves into executive session to receive legal advice on IBWC invoicing request for Nogales wastewater plant

3222264 · May 8, 2025
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Summary

The council voted to enter executive session under ARS 38-431.03 to receive legal advice regarding a request from the International Boundary and Water Commission (IBWC) for payment of delinquent invoices related to the Nogales International Wastewater Treatment Plant.

The City of Nogales on May 7 voted to enter executive session under Arizona Revised Statutes ARS 38-431.03 to receive legal advice regarding a request from the International Boundary and Water Commission for payment of delinquent invoices tied to the Nogales International Wastewater Treatment Plant.

The motion was made by a councilmember during the meeting’s discussion of the IBWC request and was seconded; the council voted in favor and moved to executive session. The transcript shows the item was discussed in closed session and that, on return, the council later took action consistent with the executive-session discussion (the transcript records a subsequent motion and vote related to the item after the closed session).

The subject is legally significant because it concerns potential payment obligations tied to an international wastewater treatment facility and required the council to seek privileged legal advice before taking public action. The council did not state details of the invoices or the specific legal advice in open session; the record shows only that the council invoked the executive-session statute and later voted on an action related to the IBWC matter.