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BEFORE THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, STATE OF ARIZONA IN THE MATTER OF THE APPLICATION OF ) ) ) ) EPCOR Water Arizona Inc. ) FRANCHISE ) ) ) _____________________________________ ) FOR A FRANCHISE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, STATE OF ARIZONA, THAT: WHEREAS, EPCOR Water Arizona Inc. hereinafter designated as the Grantee, doing business in Maricopa County, Arizona, submitted an application bearing date of January 12, 2018, praying for the right, privilege, license and franchise to construct, maintain and operate all necessary equipment along, upon, under and across public highways, roads, alleys and thoroughfares (excepting State Highways) for the supplying of domestic water and waste water utility services for a period not to exceed twenty-five (25) years or for a period of one (1) year after the franchised area or a portion thereof is annexed by a municipality, whichever is shorter, within Maricopa County, Arizona more particularly shown on the attached Exhibits and not within the confines of any incorporated city or town, and under such restrictions and limitations and upon such terms as the Board of Supervisors may provide, not inconsistent with the laws of the State of Arizona, or the orders and rules of the Corporation Commission of the State of Arizona, and that the Board take such proceedings herein as is provided by laws of the State of Arizona; and WHEREAS, upon filing said application, the said Board of Supervisors on November 7, 2018 ordered that public notice of the intention of said Board to make such grants be given by publishing a notice in the official newspaper of Maricopa County, published in the County of Maricopa, State of Arizona, and that 9:30 a.m., on December 12, 2018, at the meeting room of said Board of Supervisors located at 205 West Jefferson Street, in the City of Phoenix, Arizona, be set as the time and place to consider the said application; and WHEREAS, the said application coming on regularly for consideration on said day and it appearing by the affidavit of the duly authorized agent of the said time and place set for the consideration of such application has been published for at least once a week for the three-week period prior to said date set forth herein, to-wit: In the issues of the said newspaper on November 22, 2018; November 29, 2018; and December 6, 2018 and it appearing that no sufficient protest has been filed by the qualified electors of the said County petitioning said Board of Supervisors to deny such license and franchise, and it further appearing the best interests of Maricopa County will be served by the granting of said application and the franchise referred to therein; NOW, THEREFORE, the Board of Supervisors of Maricopa County, State of Arizona, acting on behalf of said County does hereby grant unto EPCOR Water Arizona Inc. doing business in Maricopa County, Arizona, subject to the terms, conditions and limitations hereinafter contained, the right, privilege, license and franchise to construct, maintain and operate an extension to an existing public franchise, for a 1 period of not to exceed twenty-five (25) years or for a period of one (1) year after the franchised area is annexed by a municipality, whichever is shorter, for the supplying of this service along, upon, under and across the pubic highways, roads, alleys and thoroughfares (excepting State highways) within that portion of Maricopa County, Arizona, hereinabove described, under such restrictions and limitations and upon such terms as this Board at any time may provided, not inconsistent with the laws of the State of Arizona, or the orders and rules of the Corporation Commission of the State of Arizona, specifically providing, however, that: 1) All rights hereunder are granted under the express condition that the Board of Supervisors of said Maricopa County shall have the power at any time to impose such restrictions and limitations and to make such regulations on such highways, roads, and thoroughfares as may be deemed best for the public safety, health, welfare and convenience. 2) All rights hereby granted shall be exercised so as to not interfere or conflict with any easements or rights-of-way heretofore granted by said Board of Supervisors and now in force. 3) All rights hereby granted shall be exercised so as not to interfere or conflict with any easement, either public or private, of whatsoever nature, which has been acquired in or to the proper use of said highway, roads, and thoroughfares, or any portion thereof. 4) All rights hereby granted shall be exercised so as not to interfere or conflict with or endanger in any way the proper use by the public of said highways, roads, and thoroughfares, or any portion thereof. 5) That the said Grantee shall bear all expenses incurred including damages and compensation for the alteration of the course, direction, surface, grade or alignment of any of the said highways, roads and thoroughfares necessarily made by the said grantee for the purpose of this franchise; that said grantee will maintain his equipment from time to time as may be needed, without the necessity of notice from Maricopa County. In the event the said grantee shall fail to make any repairs within ten days from the time same becomes necessary, then Maricopa County may cause the same to be made, and said grantee agrees to pay Maricopa County the cost thereof. 6) That all property of the franchise be installed and operated by the said grantee and shall be placed, removed or relocated, initially and throughout the term of this franchise, along, in, over, under and across the said highway, roads and thoroughfares, in such a manner and location as the Board of Supervisors or its duly authorized agents may designate. Such placement, removal or relocation shall be done at the sole expense of the grantee upon a determination by the Board of Supervisors of Maricopa County that such placement, removal or relocation is necessary. If the grantee fails or refuses to so remove or relocate, Maricopa County may so remove or relocate, at the sole expense of grantee, such expense to include any and all damages and compensation of whatsoever nature arising therefrom. In this section the term "property" includes conduits, pipe, wires, poles, or other structures and appliances used to supply or deal in gas, electricity, lights, water, heat, refrigeration, power, telephones, telegraph, television and other public utilities. 2 Any finding or determination made by the Board of Supervisors pursuant hereto shall be final and binding upon the grantee whether or not such findings or determinations relates to the requirements of public safety or welfare, the use of public roads or the need for proposed improvements, and whether or not the function to be served by such removal or relocation is of a governmental or proprietary nature. 7) That said grantee shall indemnity and save harmless, the said County of Maricopa from all costs, expense and liabilities in connection with the granting of this franchise and exercise of the same by them. 8) That the rights of any person claiming to be injured in any manner by the maintenance of said projects and equipment shall not be affected hereby. 9) That the terms and conditions of this franchise shall inure to the benefit of, and be binding upon, all the heirs and assigns of the said Grantee. 10) That the franchise and privilege herein granted shall not be deemed to be exclusive and the said Board of Supervisors hereby expressly reserves the right and power to grant from time to time similar franchises and privileges over the same territory and highways, roads and thoroughfares. 11) This franchise is granted upon the express condition that the Certificate of Convenience and Necessity be procured from the Corporation Commission of the State of Arizona within six months from the date of granting of this franchise and proof thereof submitted to the Board of Supervisors; and if such Certificate is not granted within six months from said date, then this franchise may be declared void. If the Certificate of Convenience and Necessity is not procured from the Corporation Commission within six months from the date of granting of this franchise, the franchisee may submit proof to the Board of Supervisors of application made to the Corporation Commission for the Certificate and the franchisee will be granted a six month extension for the procurement of the Certificate, for a total of twelve months from the date of granting of this franchise. 12) That no facilities shall be installed until the Certificate of Convenience and Necessity be procured from the Corporation Commission of the State of Arizona and such Certificate has been delivered to the Board of Supervisors. 13) This franchise is granted upon the express condition that all of the Property Tax obligations of the franchisee shall remain current and if such taxes are not current, then this franchise extension is deemed void. 14) All materials and construction methods used with the public right-of-way shall conform to the applicable standards, specifications and special provisions currently in effect in Maricopa County. 15) The Franchise holder shall obtain a construction permit from the Office of the County Engineer prior to construction of any facilities in the public right- of-way. 3 DATED this 12th day of December, 2018. __________________________________________ Steve Chucri, Chairman of the Board of Supervisors ATTEST: ________________________________________ Fran McCarroll, Clerk of the Board of Supervisors 4 Maricopa County 2355 Phoenix, W Pinnacle AZ 85027 Peak Rd Anthem Revised: File name: January 10, 2018 EPCOR_MaricopaCounty_ServiceAreas.mxd Sun City NE Tierra Del Rio Corporate Agua Fria Office Sun City West Sun Agua Fria City Chaparral Luke 303 Wastewater Paradise Valley Verrado Russell Ranch ± Wastewater CCN Water CCN 0 10 20 Miles Circle Mountain Rd Black Canyon Hwy Ave 43rd Honda Bow Rd Vision New River Wy Rd Dr Club Anthem Wy Anthem Wy Freedom Memorial Dr Dedication Dr Mountain Tr Daisy Meridian Dr Desert Hills Dr Anthem Water & Wastewater Service Area Ave Wastewater Service Area 7th Water Service Area Ave St 19th 7th Ave 27th Gavilan ± Sheriffs Pistol Range Rd Rd Peak Joy Ranch Rd 2355 W. Suite Pinnacle 300 Peak Rd. Phoenix, AZ 85027 Pioneer Pkwy 0 0.25 0.5 1 Miles Date: October 5, 2018 Source: EPCOR, ESRI G:\GIS\MXDs\Anthem\AnthemServiceArea11x17(2018).mxd Mustang Wy Rd Mountain McDowell Golden Eagle El Pueblo Blvd Blvd Yavapai Rd Grande Blvd 51 BIA Palisades Blvd Hiawatha Blvd Panorama Saguaro Dr Mohave Rd Hood Rd Rd McDowell Fort St St Palomino Blvd 124th 128th Via Linda Blvd Hills Fountain Kingstree Blvd Chaparral Water St Vee Cir Service Area 136th Toh Shea Blvd St Service Area 120th Blvd Hill Summer ± 2355 W. Suite Pinnacle 300 Peak Rd. Phoenix, AZ 85027 0 0.25 0.5 1 Miles Date: October 5, 2018 Source: EPCOR, ESRI G:\GIS\MXDs\Chaparral\ChaparralServiceArea11x17(2018).mxd Via De Ventura Northern Ave Ln McCormick Pkwy Blvd Mockingbird Tatum Indian Bend Rd Rd Lincoln Dr Hayden Rd Scottsdale McDonald Dr Rd Invergordon St 40th St 44th Paradise Valley Water Service Area Service Area Chaparral Rd Dr St St Blvd 56th 64th Arcadia Goldwater ± Camelback Rd 2355 W. Pinnacle Peak Rd. Suite 300 Phoenix, AZ 85027 0 0.25 0.5 1 Miles Date: October 5, 2018 Source: EPCOR, ESRI G:\GIS\MXDs\Paradise Valley\PVServiceArea11x17(2018).mxd Dove Valley Rd St Center Ave 227th Ave Lone Mountain Rd 203rd Montgomery Rd Point Ave Sunrise Point Lone Mountain Dixileta Dr Bradley Rd Sunset Pkwy 211th Ridgeline Rd Trilogy Vistancia Ave Rd Patton Rd Ave 155th Blvd Blvd Crozier Dynamite Blvd 163rd Ave Ave Blue 171st 147th Sky Dr Jomax Rd Sun City Water (TDR) Pkwy Happy Valley Pkwy Pleasant Happy Valley Rd Lake Agua Fria Water (NE AF) AGUA FRIA WASTEWATER Pinnacle Peak Rd Tom Ryan Dr Ave 95th Williams Dr Gecko Dr Speckled Deer Valley Rd 151st Deer Valley Dr Ave Ave 219th 135th Rd Rd Blvd Ave Mirage Pleasant Mountain Stardust El View Blvd SUN CITY WEST Old Lake Blvd Granite WASTEWATER Beardsley Rd Valley R H Clearview Dr Johnson Del Sol Ave Pkwy Dr Meeker Blvd Blvd Camino 128th Westbrook Canyon Blvd Ridge Dr Goldwater Ave Union Hills Dr Goldwater Sunrise Sun City 115th Spanish West Water Garden Dr Boswell Blvd Blvd Lindgren Ave Webb Del Bell Rd Rd Hutton Dr Pl Dr Ext West Burns Parkview Crozier Point Sun City Water Greenway Rd Pkwy SUN CITY WASTEWATER Thompson Talisman Rd Ranch Rd Waddell Rd Ave Thunderbird Rd Bullard Open Sky Ave Rd Thunderbird Blvd Wy Ford Canyon Autoshow Reems Ave Willow Rd Waterfall Canyon Cactus Rd Ave 103rd Rd 111th Canyon Rd Rd Mountain Agua Water Fria Peoria Ave Tank White Mountain View Black Ln Rd Canyon Dr Cotton Olive Ave Northern Pkwy Ave Sarival Northern Ave Luke 303 Wastewater Alsup Rd Blvd Ave Mirage Harbor Rd El Glen Dysart Glendale Ave Rd Litchfield Bethany Home Rd AGUA FRIA WASTEWATER Camelback Rd Ave 91st AGUA FRIA Rd 169th WASTEWATER Citrus Ave Indian School Rd Wigwam Blvd Ave Lost Creek Ave 99th Dr 195th Pebble Creek Pkwy Ave Thomas Rd Virginia Ave 144th Crystal Ave Rd Encanto Blvd Gardens 107th Perryville Pkwy Wy McDowell Rd Verrado Tr Blvd EPCOR Service Areas Jackrabbit Van Buren St Ave Dr Avondale Wastewater Service Area Sundance Pkwy 167th Pkwy Ave Fairway Water Service Area Canyon Trails Estrella Central Rd Rd Tuthill Yuma Rd Blvd Watson Western Ave Rd Durango St ± Rainbow Pkwy 2355 W. Suite Pinnacle 300 Peak Rd. Buckeye Phoenix, AZ 85027 Lower 0 0.5 1 2 Miles Date: October 4, 2018 Source: EPCOR, ESRI G:\GIS\MXDs\WestValleyServiceAreas(2018).mxd