2020-25 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-25
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING PARTICIPATION, ALONG WITH OTHER TEXAS
CITIES AND OTHER ENTITIES, IN THE INTERVENTION IN PUC DOCKET NO.
46662 AND SOAH DOCKET NO. 473-17-4964.WS RELATING TO THE COST
OF SERVICE DETERMINATION ON THE WHOLESALE WATER RATES
IMPOSED BY THE NORTH TEXAS MUNICIPAL WATER DISTRICT: AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the North Texas Municipal Water District has been a party to administrative
review by the Texas Public Utility Commission (PUC) relative to its wholesale water rates; and
WHEREAS, the Town of Prosper, along with other municipalities and other entities, seek
to intervene in that administrative matter currently assigned PUC Docket No. 46662 and SOAH
Docket No. 473-17-4964.WS, which matter relates to the cost of service determination on
wholesale water rates imposed by the North Texas Municipal Water District; and
WHEREAS, it is the purpose of this Resolution to authorize the Town of Prosper's
participation in that matter and to authorize the Town Manager to execute all pertinent
documentation related to the engagement of Jackson Walker Law Firm to represent the Town's
interests, among others.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct legislative determinations of the
Town of Prosper, Texas, and are hereby approved and incorporated into the body of this
Resolution as if copied in their entirety.
SECTION 2
The Town of Prosper is hereby authorized to participate, along with several other Texas
cities and other entities, in the intervention in PUC Docket No. 46662 and SOAH Docket No. 473-
17-4964.WS, which relates to the cost of service determination on wholesale water rates imposed
by the North Texas Municipal Water District.
SECTION 3
The Town of Prosper is further authorized to pay Jackson Walker Law Firm a fee based
on the attached annual volume for the water year ended 2019 (July 2019) to the total annual
volume of all entities participating in this intervention. The fee will be calculated by Jackson
Walker in accordance with this methodology for all entities participating in the intervention. Should
entities enter the intervention after the filing, they shall pay to Jackson Walker their percentage of
the cost for all expenses that have been billed prior to their entering the intervention, and they
shall be billed under this formula for the remainder of the intervention. Should any entity elect to
withdraw from the intervention process, the remaining entities agree that the billings shall be
based on the allocation method among the remaining entities.
Resolution No. 2020-25, Page 7
SECTION 4
The Town Manager is hereby authorized to hire the law firm of Jackson Walker to
represent the Town of Prosper, along with other Texas entities, in the intervention in PUC Docket
No. 46662 and SOAH Docket No. 473-17-4964.WS, which relates to the cost of service
determination on the wholesale water rates imposed by the North Texas Municipal Water District,
and to execute all appropriate documentation related thereto.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 24TH DAY OF MARCH, 2020.
1�
A w Ray Smit ,-Mayor
ATTEST:
Melissa Lee,''Gp ,,rt�arb.
APPROVED AS TO PfdFkM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2020-25, Page 2