2024-10-29 - PC 1078 -EPCOR-MARICOPA-FRANCHISE-C-06-19-171-7-00.PDF
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COUNTY OF MARICOPA
State of Arizona
Office of the Clerk
Board of Supervisors
State of Arizona
) ss.
County of Maricopa
)
I, Fran McCarroll, Clerk of the Board of Supervisors, do hereby certifY that the
following is a true and correct statement of the agenda item and the action taken by
the Board of Supervisors at their meeting held December 12, 2018:
9.
PUBLIC SERVICE FRANCHISE- EPCOR WATER ARIZONA INC.
File
Pursuant to A.R.S. §40-283, convene the scheduled public hearing, to solicit comments and consider
the application by EPCOR Water Arizona Inc., for a public service franchise to provide domestic water
and waste water utility services to the residents of Anthem, Sun City Tierra Del Rio, NE Agua Fria, Sun
City, Sun City West, Agua Fria, Luke 303 Wastewater, Russell Ranch, Verrado, Chaparral and
Paradise Valley, residing in Maricopa County. The hearing will also consider whether the applicant is
able to adequately maintain facilities in county rights-of-way. Upon Board approval, authorize the
Chairman to sign the Franchise Resolution. (Supervisory District No 2,3,4). (C-06-19-171-7-00)
Motion to approve by Supervisor Gates, seconded by Supervisor Barney
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the Official Seal of the
County of Maricopa. Done at Phoenix, the
County Seat, on December 12, 2018.
Clerk ofthe Board of Supervisors
Email Distribution List
Docusign Envelope ID: 987CA803-2514-4591-B886-28057EE218FD
BEFORE THE BOARD OF SUPERVISORS
OF
MARICOPA COUNTY, STATE OF ARIZONA
IN THE MATTER OF THE APPLICATION OF
)
)
)
)
EPCOR Water Arizona Inc.
)
FOR A FRANCHISE
)
)
)
)
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
Docusign Envelope ID: 987CA803-2514-4591-B886-28057EE218FD
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
Docusign Envelope ID: 987CA803-2514-4591-B886-28057EE218FD
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.
1 0)
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
Docusign Envelope ID: 987CA803-2514-4591-B886-28057EE218FD
DATED this 121h day of December, 2018.
Steve Chucri, Chairman of the Board of Supervisors
ATTEST:
Fran McCarroll, Clerk of the Board of Supervisors
4
Docusign Envelope ID: 987CA803-2514-4591-B886-28057EE218FD
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