04-002 - R TOWN OF PROSPER (R) 04-02
A RESOLUTION OF THE TOWN OF PROSPER, TEXAS APPROVING THE
TOWN'S PARTICIPATION IN FISHTRAP PROPERTIES, L.L.P. AND
MUSTANG SPECIAL UTILITY DISTRICT V. TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY, CAUSE NO. GN3-04709, IN THE 200TH
JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS;
AUTHORIZING THE TOWN ATTORNEY AND/OR SPECIAL COUNSEL TO
TAKE ALL NECESSARY ACTIONS TO OPPOSE THE ALLEGATIONS AND
RELIEF SOUGHT BY FISHTRAP PROPERTIES, L.L.P. AND MUSTANG
SPECIAL UTILITY DISTRICT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper filed a water certificate of convenience and necessity
("CCN") application ("Application") with the Texas Commission on Environmental Quality ("TCEQ"
or "Commission") to provide retail water service in Denton County, Texas; and
WHEREAS, the Town of Prosper provided notice of the Application in compliance with all
applicable statutory and regulatory requirements; and
WHEREAS, no one protested the Application; and
WHEREAS, the Executive Director of the TCEQ issued the CCN amendment in
compliance with all applicable statutory and regulatory requirements; and
WHEREAS, now Fishtrap Properties, LLP and Mustang Special Utility District claim that
they did not receive notice and were entitled to such notice; and
WHEREAS, Fishtrap Properties, LLP and Mustang Special Utility District filed a lawsuit,
entitled Fishtrap Properties, L.L.P. and Mustang Special Utility District v. Texas Commission on
Environmenal Quality, Cause No. GN3-04709, in the 200th Judicial District Court of Travis
County, Texas, challenging the validity of the issuance of Prosper's CCN; and
WHEREAS, the Town of Prosper finds it in the public interest to oppose Fishtrap
Properties, LLP and Mustang Special Utility District, LLC's lawsuit and seek to intervene in the
proceeding.
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 hereby declares its opposition to the Fishtrap Properties, LLP and
Mustang Special Utility District lawsuit, entitled Fishtrap Properties, L.L.P. and Mustang Special
Utility District v. Texas Commission on Environmenal Quality, Cause No. GN3-04709, in the 200th
Judicial District Court of Travis County, Texas. The Town Council hereby directs the Town
Attorney and/or Special Counsel to intervene in this proceeding in opposition to the position
presented by Fishtrap Properties, LLP and Mustang Special Utility District.
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 13th day of January, 2004.
(or
ATTEST:
Town Secrets
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
TOWN OF PROSPER
as ublished in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
Legal Bids
& Notices TOWN OF PROSPER, January 17, 2004
A RESOLUTION OF THE January 19, 2004
Legal Notices TOWNX APPROVING THE
TOWN OF PROSPER, TOWN'S PARTICIPATION
TEXAS(R) 04-02 IN FISHTRAP PROPER-
A RESOLUTION OF THE TIES L.L.P. AND MUS-
TOWN OF PROSPER, TANG SPECIAL UTILITY
TEXAS APPROVING THE DISTRICT V. TEXAS
TOWN'S PARTICIPATION COMMISSION ON ENVI-
IN FISHTRAP PROPER- RONMENTAL QUALITY,
TIES, L.L.P. AND MUS- CAUSE NO. GN3-04709, IN
TANG SPECIAL UTILITY THE 200TH JUDICIAL
DISTRICT V. TEXAS DISTRICT COURT OF
COMMISSION ON ENVI- TRAVIS COUNTY, TEX-
RONMENTAL QUALITY, AS; AUTHORIZING THE
CAUSE NO. GN3-04709, IN TOWN ATTORNEY AND/
THE 200TH JUDICIAL OR SPECIAL COUNSEL
DISTRICT COURT OF TO TAKE ALL NECES-
TRAVIS COUNTY, TEX- SARY ACTIONS TO OP-
AS; AUTHORIZING THE POSE THE ALLEGA-
TOWN ATTORNEY AND/ TIONS AND RELIEF
OR SPECIAL COUNSEL SOUGHT BY FISHTRAP
TO TAKE ALL NECES- PROPERTIES, L.L.P.
SARY ACTIONS TO OP- AND MUSTANG SPECIAL
POSE THE ALLEGA- UTILITY DISTRICT; (Lynda Black)
TIONS AND RELIEF PROVIDING FOR SEV-
SOUGHT BY FISHTRAP ERABILITY; AND ES-
PROPERTIES, L.L.P. TABLISHINGANEFFEC-
AND MUSTANG SPECIAL TIVE DATE.
UTILITY DISTRICT;
PROVIDING FOR SEV-
ERABILITY; AND ES-
TIVEISHIN AN EFFEC-
ATCiassified! 214-745-8123
Sworn to and subscribed before me this January 20, 2004, A.D
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