04-060 - R TOWN OF PROSPER RESOLUTION NO. 04-60
A RESOLUTION OF THE TOWN OF PROSPER, TEXAS APPROVING
THE TOWN'S PROTEST OF MUSTANG SPECIAL UTILITY DISTRICT'S
APPLICATION TO AMEND ITS WATER AND SEWER CERTIFICATES
OF CONVENIENCE AND NECESSITY IN DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY ATTORNEY AND/OR SPECIAL COUNSEL TO
TAKE ALL NECESSARY ACTIONS TO OPPOSE MUSTANG SPECIAL
UTILITY DISTRICT'S APPLICATION; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper filed a sewer certificate of convenience and necessity
("CON") application ("Application") with the Texas Commission on Environmental Quality
("TCEQ" or "Commission") to provide retail sewer 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, the Mustang Special Utility District ("Mustang SUD") filed an application
("Application") for water and sewer certificates of convenience and necessity ("CON") with the
Texas Commission on Environmental Quality ("TCEQ" or "Commission") to provide retail water
and sewer service in Denton County, Texas and to decertify a portion of Prosper's water CCN;
and
WHEREAS, Mustang SUD seeks to provide sewer service in an area the Town seeks to
certificate; and
WHEREAS, the Town of Prosper finds it in the public interest to oppose Mustang SUD's
Application and seek party status 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 Mustang SUD's Application.
The Town Council hereby directs the City Attorney and/or Special Counsel to intervene in this
proceeding in opposition to the position presented by Mustang SUD.
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 25th day of May, 2004.
Charles Niswan er, Mayor
ATTEST:
Sh nae Denning own Secre ry
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