07-037 - R RESOLUTION NO. 07-037
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS REGARDING HOUSE BILL 2655 IN THE 80TH TEXAS
LEGISLATIVE SESSION WHICH AFFECTS CERTIFICATES OF
CONVENIENCE AND NECESSITY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 6, 2007, House Bill 2655 ("HB 2655") was filed in the 80th Texas
Legislative Session;
WHEREAS, HB 2655, if approved as filed, would no longer prohibit a municipality from having
a certificate of convenience and necessity ("CCN") for retail water and/or sewer service outside its
extraterritorial jurisdiction("ETJ") without the written consent of landowners;
WHEREAS, it is in the best interests of the Town to take action to show its support of HB 2655.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS:
SECTION 1. The recitals contained in the preamble of this Resolution are determined to be true
and correct and are hereby adopted as a part of this Resolution.
SECTION 2. The Town Council hereby supports HB 2655 to ensure that the Town protects its
interests regarding CCNs.
SECTION 3. It is hereby declared that the sections, paragraphs, sentences, clauses, and phrases
of this Resolution are severable and, if any phrase, clause, sentence, paragraph, or section of this
Resolution shall be declared unconstitutional or invalid by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, or sections of this Resolution, because the same would have been enacted
by the Town Council without the incorporation of any such unconstitutional phrase, clause, sentence,
paragraph, or section.
SECTION 4. All resolutions and parts thereof in conflict herewith are hereby expressly repealed
insofar as they conflict herewith.
SECTION 5. This Resolution shall take effect immediately after passage hereof.
Signed this 24th day of April, 2007.
CHARLES NIS 4 CO
ATTEST: F' '
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ATTHEW DENTON, Town Secretary / .
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Prosper, Texas 75078
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p Facsimile: (972) 347-2111
Fax
Arturo D. Rodriguez, Jr.
To: From: Matt Denton
Fax: (512)930-7742 Pages:2(including cover)
Phone: Date: 04/26/2007
Re: CC:
❑ Urgent 2 For Review 0 Please Comment 0 Please Reply ❑ Please Recycle
Arturo,
This attached is a resolution passed by the Town of Prosper. I have mailed a clean copy today.
Sincerely,
Matt