AT&T CORPORATION FRANCHISE RESOLUTION.PDF

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BEFORE THE BOARD OF SUPERVISORS 
 
 
OF 
 
 
MARICOPA COUNTY, STATE OF ARIZONA 
 
IN THE MATTER OF THE APPLICATION OF 
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AT&T CORPORATION  
 
 
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FRANCHISE 
 
 
 
 
 
 
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_____________________________________ 
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FOR A FRANCHISE 
 
 
 
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, STATE OF 
ARIZONA, THAT: 
 
 
WHEREAS, AT&T Corporation hereinafter designated as the Grantee, doing business in Maricopa 
County, Arizona, submitted an application bearing date of May 10, 2022 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 
interstate network of fiber optic cables and all related property including conduit, carrier pipe, cable fibers, 
repeaters, power sources 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 described as follows, to-wit: 
 
Commencing at a point where the meridian line one hundred thirteen degrees twenty minutes west 
longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the 
northwest corner of Pima county; thence north on such survey line and along the east boundaries of Yuma 
and La Paz counties to the point where the meridian line one hundred thirteen degrees twenty minutes west 
longitude, as surveyed, intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey 
of 1924; thence east on the thirty-fourth parallel north latitude, as defined, and along the southern boundary 
of Yavapai county to the point where the Hassayampa river intersects such parallel; thence southeast in a 
direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and 
below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly 
and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a 
direct line following the Thompson survey of 1924 to the point where the thirty-fourth parallel north latitude, 
as defined by such survey, intersects the Verde river; thence east on such parallel to the point where the 
parallel as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly along the 
summit of the Mazatzal range of mountains to the point where such range of mountains intersects the 
centerline of the Salt river; thence easterly up the Salt river to the mouth of Tonto creek; thence southerly in 
a direct line toward a mountain known as the "Water Shed," and along the western boundary of Gila county 
to the point where such line and boundary intersects the north line of township one north; thence west on 
the north line of township one north and along the northern boundary of Pinal county to the point where such 
line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to 
the point where such line intersects the southern line of township two south; thence west on such line to the 
point where such line intersects the Gila river; thence northerly and westerly down the Gila river to the point 
where the river intersects the eastern line of range one east, being the northwest corner of Pinal county; 
thence south on such line to the point where such line intersects the second standard parallel south, being 
the southwest corner of Pinal county; thence west on such parallel to the point where it intersects the 
meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey

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of 1918, being the place of beginning 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 or Federal Communications Commission, 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 Wednesday, June 8, 
2022 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 Wednesday, July 27, 2022, 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 Arizona Republic and Business Gazette on July 19, 2022; July 21, 2022; and 
July 26, 2022 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 AT&T Corporation 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 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 or Federal Communications Commission, 
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.

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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. 
 
 
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

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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.  A Certificate of Convenience and Necessity is not required if 
the franchisee holds a license that is issued and regulated by the Federal 
Communications Commission. 
 
 
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.  If regulated by the Federal Communications Commission, all 
necessary requirements of the Federal Communications Commission must 
remain in effect for the duration of the franchise. 
 
 
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. 
 
 
DATED this 27th day of July, 2022. 
 
 
 
 
 
 
 
 
 
_______________________________________ 
 
 
 
 
 
 
Bill Gates, Chairman of the Board of Supervisors 
 
ATTEST: 
 
 
 
_______________________________________ 
Juanita Garza, Clerk of the Board of Supervisors