EXHIBITS A-C.PDF

Maricopa County — Formal (2016-06-08)

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EXHIBIT B
WHITE TANK MOUNTAIN STIPULATIONS
I. The right granted upon approval of this application does not include the right to use the
access road heretofore constructed by the US across lands from the intersection of the
access road with the south line of Section 34, T. 3 N., R. 3 W., G&SRM, to the vicinity
of the above-described lands pursuant to the ROW application filed. Said access road is
under the administration and jurisdiction of the Western Area Power administration, U.S.
Department of Energy, and any use by the holder thereof shall be subject to such terms
and conditions as may be imposed with respect thereto by the U.S. Department of
Energy, and the holder shall have no right to use such access road until he has first
obtained a permit in writing from the District Manager, Western Area Power
Administration, U.S. Department of Energy, Phoenix, Arizona, (See note below).*
2. The holder acknowledges hereby that this area is included in a recreational patent issued
to Maricopa County, and the lands covered by this grant are used for recreational
purposes by park patrons. The holder agrees to indemnify and hold the US, its officers,
agents and employees, harmless against any loss by reason of the holder's operations
under this application or the grant issued thereon. The holder is also aware of the public
liability in the event of injury or death to park patrons caused by high voltage
transmission equipment erected and maintained by the applicant in this multiple-use area
3. Sites, where feasible, will be utilized on a multiple-use basis, and other communications
holders shall be allowed to utilize unused space.
4. The holder agrees the buildings and attendant improvements will conform with and
complement the general natural surroundings by complying with the following
stipulations:
a. All construction will be accomplished with the minimum of scarring or change to
the natural terrain.
b. No new bulldozed or graded access roads shall be constructed leading off the
existing access road. No material from cuts made for the construction of facilities
shall be spilled over slopes or stockpiled.
c. Vehicles servicing or installing equipment shall be confined to developed roads
and parking areas.
d. Trash, rubbish, and other construction debris will be removed from the sites to
prevent unsightly accumulations and reduce fire hazards; such debris will be
disposed of in a designated area. Equipment and grounds will be maintained in
good condition and in a neat and orderly manner.
e. The premises shall be maintained in a neat and orderly manner; no materials will

be openly stored (example: wire reels, etc.)
f. Buildings shall be constructed with a low profile not exceeding one story in
height.
g. The holder shall paint buildings and support equipment, except towers, transmitter
lines, and antennas, a desert earthen color. No high gloss paint will be used and
every effort shall be made to use paint that will blend with the natural
background. Towers will be built utilizing galvanized steel.
h. All building foundation and tower bases will be hand set, i.e., no bulldozer
leveling of site unless physically impossible to do otherwise and only upon
approval of the BLM AO.
5. The holder shall join the White Tanks improvement Association and abide by
environmental and other stipulations of the Users' agreement.
6. The serial number of the grant and the name of the holder will be affixed to the tower and
the building housing the radio equipment in such a way as to be visible from a reasonable
distance.
7. The holder agrees to comply with the present and future Federal regulations, including
those concerning environment, and the employment of practices as prescribed by the
Secretary to protect the public interest.
8. Upon expiration of the grant or at any time before expiration of the grant, should the
holder relinquish said ROW, the holder agrees to remove all improvements and debris,
and restore the site to as near its natural condition as possible to the satisfaction of the
BLM AO.
9. The holder agrees to comply with any additional stipulations, terms and conditions which
may be prescribed by the Secretary of the Interior consistent with the recreational use of
the lands and the use authorized by this grant.
10. During the period of this grant, the holder agrees, upon notification by the AO, to take
necessary actions, at his expense, to conform to any future communication site plans
developed by BLM for the area.
* Project Manager, Parker-Davis Project, Bureau of Reclamation formerly has
jurisdiction of the access road; Western Area Power Administration, U.S. Department of
Energy took over administration and jurisdiction of the road.

EXHIBIT C
WHITE TANKS
IMPROVEMENT ASSOCIATION
CONSTITUTION
ARTICLE 1
SECTION 1: identification
This organization shall be called the White Tanks improvement
Association, hereinafter referred to as "the Association".
SECTION 2: Purpose
The purpose of this organization shall be fourfold:
To provide a cooperative forum for all users to resolve existing
and possible future electromagnetic interference problems;
To provide for coordination on use of Association funds and
labor for maintenance of the site access road which must be
maintained by and for existing users;
To provide to the U. S. Bureau of Land Management ("Bureau"),
the State of Arizona, and Maricopa County, recommendations
regarding compatibility of proposed equipment or structural
additions or modifications, relating to the users use and
occupancy of White Tanks and;
To provide, without the expenditure of Association funds, a
cooperative forum and channel between the Association and the
Bureau for discussion of items, issues or matters relating to the
use and occupancy of White Tanks.
February 28, 1994 Page 1

SECTION 3: Scope
This Association shall encompass all Communications Sites on
White Tanks Mountain, including North Ridge.
ARTICLE H
SECTION 1: Membership Qualifications
All Primary users in good standing shall be members of this
Association, as required in the Bureau s Right-of-Way Agreement.
SECTION 2: Definition of "Good Standing"
Members shall be in good standing when all Association fees and
assessments are paid, and when they are in compliance with the
Association s Constitution and By-laws.
SECTION 3: Definition of "Primary User" and "Principle User"
A Primary User is the site owner of a single-user site or the site
manager of a multiple-user site.
A Principle User is a user in a multiple-user site who has
equipment and investment in the site.
ARTICLEIII
SECTION 1: Association Offices
The Association shall be coordinated and guided by a panel of
Officers consisting of President, Vice-President, and
Secretary/Treasurer. The execution of each office shall be
assured by the President, who shall appoint a replacement officer
to serve out the term of the Vice-President, Secretary/Treasurer
or any committee person, in the event that person is unable to
complete his(her) term. Should the President be unable to
complete his(her) term, the Vice-President shall assume that
February 28, 1994 Page 2

office and all duties associated with it, and shall immediately
select a new Vice-President.
SECTION 2: Elections
Officers shall be elected by majority vote of Primary members in
good standing at the annual. meeting, and shall hold office until
the next annual meeting, except for the Chair-person of the
Technical Standards Committee, who, for the purpose of
continuity, shall serve for two years, at the pleasure of the
President. The outgoing officers shall conduct the annual
meeting, brief the new officers, relinquish all pertinent
documentation, and then transfer control to the new officers.
ARTICLE IV
SECTION 1: Voting
Each Primary member or organization in good standing shall have
one vote. Principle users may assert their desires through their
Primary representative.
SECTION 2: Amendments
Amendments to the Constitution may be made at the annual
meeting only. Proposed changes must be distributed to all
Primary Users and any other directly affected parties at least 30
days before the meeting. Primary users shall distribute to their
principle users.
An amendment Must be passed by a two-thirds majority ef
Primary Users in good standing. Votes may be cast in person, or
by written proxy, carried by a Primary or Principle attending
member, or by a pre-written decision. If any prexy •r pre-written
votes are part of the two-third majority, the amendment must be
passed exactly as it was written in the advance notice.
February 2R._ 10RA a% ono. 42

BYLAWS
ARTICLE I
SECTION 1: President s Duties
1. Arrange for and preside at the annual and special
meetings of the Association.
2. Represent the Association in public meeting and
meetings with the Bureau of Land Management.
3. Supervise the work of the other officers to assure
coordination of efforts and on-time completion.
4. Approves and signs all Association expenditures.
SECTION 2: Vice-President s Duties
1. Assumes any or all of the Presidents duties, given
appropriate notice, if the President is not able to fulfill
them.
2. Monitors site inspections to assure fair and impartial
results.
3. Coordinates and directs committee work.
4. Promotes cooperation among users.
SECTION 3: SecretaryfTreasurer's Duties
I. Prepares outgoing Association correspondence and
presents to President for approval, then makes
distribution to affected members.
2. Disseminates incoming correspondence to President,
Ceske...atm ,R_ 1Q44 Page 4

Vice-President and other affected users at annual
and special meetings, or sooner if the urgency of the
matter dictates.
3. Records minutes at annual and special meetings, and
keeps members apprised of meetings or planned
activities affecting the Association, including annual,
special and public meetings.
4. Maintains all files, records, accounts, and mailing
addresses, keeping them current and accurate. All
Association documents shall be open for inspection by
any member in good standing.
5. Reproduces minutes of annual or special meetings and
distributes to all officers and committee Chair-persons
within 60 days following such meetings. Distributes to
remaining members at the next special or annual
meeting. _
6. After the amount of the assessment has been determined
at the annual meeting, the Secretary/Treasurer prepares
the individual assessment documents and mails to all
Primary users within 60 days following the meeting. The
assessments shall bear the breakdown of the total
monies requested, with proper return mailing address,
the Secretary/Treasurers signature and a request for
remittance within 45 days from mailing-date. He (She)
initiates follow-up correspondence if payment is not
received by the due date. Handles special assessments
as the urgency of the circumstances dictates.
7. The Association is responsible for its own financial
obligations, whether for major road repairs or minor costs
of doing business, such as the purchase of administrative
items and postage for mailings. In this connection, the
Secretary/Treasurer prepares and signs all checks and
February 28. 1994 .116. 411••• C

payments and presents to the President for approval and
signature. Records all transactions, included date,
amount received or disbursed, from or to who, and for
what purpose.
ARTICLE II
SECTION 1: Finance Committee
The Finance Committee shall be an ad hoc committee, appointed
by the President, which shall audit the Treasurer's financial
records just prior to the annual meeting, and present a report of
its findings at that meeting.
SECTION 2: Technical Standards Committee
1. The Technical Standards Committee shall consist of
at least three members in good standing, chosen from
the general membership by majority vote at its annual
meeting. One of the three members shall be designated
Chair-person by the President. Members currently
serving as President, Vice-President, or Secretary/
Treasurer are eligible to double-serve on this committee.
.
2. Except for the Chair-person, the Committee member s
terms shall be for one year unless the member is unable
to serve, is removed by the President or is re-elected to a
successive term. In the interest of continuity, the Chair-
person shall serve for two years, subject to the same
conditions as the Committee members.
3. The Committee represents the President, who ultimately
represents the Association in Technical matters. In this
connection the Committee, under the direction of the
Chair-person, establishes and maintains Communication
Site technical standards. The Chair-person's business or
•11.12 4 43011. Page 6

duty phone number shall be made available to the
general membership so that he (she) may be reached as
needed to assist members with questions relating to site
standards.
4. The Committee shall assist and advise the Bureau in
their annual site inspections and prepare a report of the
results. The report is to be presented by the Chairperson
at the next annual Association meeting.
5. The Committee shall perform other duties of a technical
advisory nature as deemed necessary by the President,
such as evaluating the compatibility of proposed site
additions or modifications and recommending
acceptance or rejection.
SECTION 3: Road Committee
The Road Committee shall be a standing committee which
monitors the condition of the road throughout the year and
prepares a report for each annual meeting. When the Association
decides that road conditions warrant repair or snow removal, a
Committee member(s) shall perform an on-site investigation to
determine job complexity, costs and contracting options.
The results of the investigation shall be presented to the
Association, and if approved, the Road Committee Chair-person
shall prepare the work Proposal and Contact documents (Exhibits
A and B) for the Contractor's and Secretary/Treasurer's
signatures, then implement the plan of action. In emergencies,
the President, or if he is unable to act, the Vice-President, may
evaluate the immediate need and implement appropriate action.
ARTICLE III
SECTION 1: Assessments
IM IrldhlI .1•111 • AM UM • ')D 4 C1C1A

An annual assessment shall be made upon all Primary users, to
provide funds for operation expenses. Special assessments may
also be made and apportioned as approved by the membership. It
Is assumed that Primary users will pass along a proportionate
share of such assessments to their Principle users.
SECTION 2: Maximum and Actual Assessments
The total assessment shall not be greater that $15,000 and the
total amount in reserve in the Treasury shall not exceed $20,000
at any one time. Setting a maximum simplifies fiscal planning for
all members. The actual annual assessment shall be based on
recommendations made by the Treasurer and Road Committee
Chair-person at the annual meeting, and shall be approved by a
majority of the eligible voting members present.
SECTION 3: Formula
The operational expenses shall be divided among all Primary
Users according to the following formula: 50% of the total shall
be divided evenly among the Primary Users. This amount is the
site charge. The remaining 50% shall be apportioned by the
number of transmitters, and the resulting quotient is the cost per
transmitter, whether owned by Primary or Principle User.
Each Primary User s annual assessment will therefore consist of
two parts: the ' site charge, and the cost ' per transmitter multiplied
by that user s and the Principle user s total number of
transmitters.
-SECTION 4: Proration, late penalties, enforcement, and collection
Primary Users delinquent in payment of their assessments after
six (6) months may be reported to the Bureau as not in good
standing". The Bureau may wish to exercise their prerogative to
cancel the users' lease.
IJanuary, 1993 annual meeting.
C.c.kresowts 9R lgQ4 Pane 8

ARTICLE IV
SECTION 1: Technical Standards
Authority for these Standards devolves from the Bureau. The
obligation to comply with them is in-turn, conveyed to all
electronic facility operators on White Tanks through the
Association $ Constitution and Bylaws when adopted by two-
thirds of the eligible voting membership.
The purpose of these Standards is to minimize, RF interference,
physical damage, and public liability as well as to maintain a
reasonable level of aesthetic integrity. This will provide for
improved electromagnetic compatibility of all users, while
projecting an image consistent with County and Bureau
expectations.
A. Transmitters
1. All transmitters shall be FCC Type Accepted or
meet type acceptance criteria.
2. Direct radiation of out-of-band emissions (i.e.,
noise, spurious, harmonics) will be reduced to a
minimum level such that they may not be
identified as a source of interference..
Transmitters operating continuously or in excess
of 120 watts output and/or 1,200 watts effective
radiated power (ERP) shall be required to reduce
their out-of-band emissions to at least 10 dB
below the currently measured "noise fl•or". If
deemed necessary, they shall comply with any
tests required by the Technical Standards
Committee. The WTIA shall recommend •
appropriate measures to the ILM, te prevent
potential, or correct existing, interference
identified by these tests. Microwave ,
C.4.16 1110 400A

Transmitters are exempted from the provisions
of this paragraph.
3. Direct radiation of out-of-band emissions shall be
reduced as noted in 2 above, by using bandpass,
lowpass, and/or harmonic filtering. Band-reject
filtering may be required in certain applications.
4. Re-radiation of signals from a transmitter and its
associated antenna system shall be prevented
by installing appropriate devices (Le. ferrite
isolaters), with a minimum return less of 25 dB.
5. North Ridge is designated as the only White
Tanks site where continuous transmitter power
may exceed 250 watts. Transmitter power at the
remaining sites shall not exceed 250 watts with
an Effective radiated Power (ERP) of not more
than 1,200 watts. Point-to-point microwave
systems are exempt from this requirement.
B. Receivers
1. All receivers shall comply with all applicable
parts of the FCC Rules, including Parts 2 and 15.
2. All receivers shall have sufficient "front-end"
preselection to prevent receiver spurious
response. The use of bandpass, band-reject
cavities or crystal filters may be required to
prevent receiver-produced intermodulation or
adjacent-channel interference.
C. Antennas, Feedlines, and Support Structures
1. All antennas and transmission lines, including
those not in immediate use, shall be terminated

in their characteristic impedance (Zo) to prevent
reradiation of intercepted signals or noise.
2. All internal coaxial transmission lines shall be at
least double-braided and all external coaxial
lines shall be solid-shield and jacketed.
3. All steel towers shall meet EIA Standard
RS222C, Structural Standards for Steel Antenna
Towers.
4. All tower construction , shall meet
manufacturers recommended specifications for
ice and wind for this area.
5. All metallic structural materials shall be
galvanized, plated, or coated. Dissimilar metals
shall net be placed in contact with each other in
a manner that could create a galvanic junction.
6. Anti-climb devices, removable steps, or other
means to discourage unauthorized climbing, are
highly recommended to reduce or avoid liability
claims.
D. Electrical
1. All electrical facilities, equipment, and the
installation thereof, shall conform to the most
recent edition of the "National Electric Code",
local laws and regulations.
2. All permanent AC wiring shall be installed in
metallic conduit.
E. Buildings
1. All buildings and structures shall conform to
Iresharrasftvrt. °IQ 400A

the latest edition of the "Uniform Building Code",
local laws and regulations at the time they are
constructed.
2. All metallic materials used in building
construction shall be galvanized, plated, or
coated. Dissimilar metals shall not be placed in
contact with each other in a manner that could
create a galvanic junction.
3. Buildings shall be designed and installed to
withstand severe weather conditions and shall
display the ELM permit number on the door or
other conspicuous location in characters at least
two inches high.
F. Site and equipment grounding2
Site grounding must be constructed of copper
with #2 AWG or larger wire or two (2) inch or
wider copper strap used for the main conductor
and connected to an adequate site ground
electrode system. When using copper cable, all
joints shall be welded or clamped using suitable
bronze compression clamps designed for the
application. All buried joints must be welded.
Guy wires will be grounded, using manufacturer's
approved methods to preclude bimetallic
junction and corrosion. All equipment on the site
(building, towers, power units, transmitters,
receivers, antennas, combiners, telephone
systems, power cabinets, HVAC units, etc.) must
be connected to the site ground. High power
operations should use copper strap bonding in
accordance with manufacturers specifications.
The grounding systems shall comply with
2January, 1994 annual meeting.
-.-------- . 020 4 004 Page 12

applicable laws, codes and in accordance with
standard engineering practice. For lightning
protection, all feed lines and waveguides shall
be bonded to the tower or site ground at either
the departure point from the tower or the entry
point of the building.
G. Miscellaneous equipment
Any miscellaneous equipment that could cause
harmful interference shall be adequately
shielded.
H. Housekeeping
Housekeeping has environmental and aesthetic
Impact. It further has an electromagnetic
compatibility_impact. Debris that is permitted to
remain adrift, and the residue of construction,
installation, removal, modification, or other
evolutions, raises the noise "floor"' which often
defies identification. Therefore, no debris shall
be allowed to accumulate.
SECTION 2: Grandfathering and Enforcement
A. Grandfathering
1. New users, new installations, and changes or
equipment shall comply with all Technical
Standards at the time of construction or
installation of equipment.
2. Existing users and equipment shall comply with
the Technical Standards within the time frame
specified at the annual inspection, if any non-
compliance is found.
le 410 4INIMA

B. Enforcement: Annual inspections
1. Enforcement authority is vested in the Bureau as
the Communications Site Administrator for White
Tanks via 43 CFR 2800. in this connection, the
Association, through the Technical Standards
Committee, functions as Technical Advisor to
the Bureau.
2. The Technical Standards Committee and the
Bureau shall conduct an annual inspection of
each Primary User's site. This inspection will
verify:
a. compliance with Technical Standards, and
that noise floor reference figures have been
filed with the Secretary of the Association,
b. structural integrity,
c. as-built plan accuracy,
d. electromagnetic compatibility,
e. general site health, safety and cleanliness.
3. The Bureau shall provide written notice of the
scheduled inspection date at least 30 days In
advance, and each Primary User shall arrange to
have personnel available at the site at the time
of the inspection
4. Any non-compliance found shall be recorded by
the Bureau and a written copy of the report shall
be forwarded to the violating party or
organization within 30 working days following
February 28, 1994 Page 14

the inspection. The report shall include:
a. the name, address and organization of the
responsible party,
b. a description of the discrepancy,
c. what corrective action is required,
d. time allowed for completion of corrective
measures,
e. what action is anticipated in the event
of non-compliance with remedial
instructions,
f. method, manner and time allowed for
appeal.-
5. Copies of violation reports and user responses
shall be forwarded to the Technical Standards
Committee Chair-person for incorporation into
the annual report.
SECTION 3: When Interference Occurs:
A. All users shall cooperate with the Association and the
Bureau in identification and correction of any
interference related problems.,
B. Neither the Association nor the Bureau shall
recognize interference complaints from users who are
not in good standing.
C. New site applicants may be required to furnish

an intermodulation study or other interference-related
data and agree to accept financial responsibility for
the elimination or prevention of any interference
caused by the facility before their application can be
evaluated.
D. The Technical Standards Committee may request a .
field test for compatibility at the expense of the
applicant before recommending acceptance or
rejection of the application.
ARTICLE V
SECTION 1: Annual Meeting
Times and places of recurring annual meetings will be decided by
the general membership at each annual meeting, and timed to
follow the annual inspections by at least two months.
SECTION 2: Advance Notice
The annual meeting notice shall be distributed no less than 30
days before the scheduled date. It shall include the date, time,
place, and agenda items for the meeting and whether any special
guests or speakers are scheduled to attend.
SECTION 3: Quorum
A quorum is defined as a simple majority (51%) of eligible voting
members. An eligible voting member is a Primary User in good
standing with the Association. A quorum can perform all
Association business except adoption or amendment of the
Cealrirsimrur 9111_ 19514 Page 16

constitution, Bylaws or Technical Standards, which must have
the consent of two thirds of eligible voting members.
No official Association business can be transacted without
quorum.
SECTION 4: Order of Business
Roberts Rules of Order shall be followed in all procedural
matters. Meeting shall have the following general form:
A. Call to order
B. Sign-in
C. Poll ef attendees to determine whether quorum of
Primary users exists
D. Reading of minutes of last annual meeting
E. Report ef Finance Committee
F. Report of Technical Standards Committee to
determine Technical Standing of members
G. Report of Road Committee
H. Secretary/Treasurer's Report to determine financial
standing of members and amount of current years
assessments
I. Old business
J. New business
K. Election of officers
L. Appointment of committees
M. Comments from members
February 28, 1994
Paws 17

N. Adjournment
ARTICLE VI
SECTION 1: Amending the Bylaws at the Annual Meeting
The Constitution and Bylaws may be amended at the annual
meeting by a two-thirds majority of Primary user votes cast,
Including proxy and pre-written votes.
SECTION 2: Amending the Bylaws by Mail
The Bylaws may also be amended by mail. The proposed
Amendment(s) shall be mailed to all members in good standing
allowing at least a 30-day response time from date of mailing. A
signature sheet shall be circulated among voting members to
record their concurrence of nonconcurrence. The amendments
may_be..passed..if_twomthirds_otalLeligible_ member concur, in
writing, in the Amendments as worded in the mailing.
_ - - At) A f111% Pane 18