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RES 2001-20TOWN OF TROPHY CLUB RESOLUTION NO. 2001-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING THE TOWN'S CONSENT FOR THE FILING OF AN APPLICATION BY THE TROPHY CLUB MASTER DISTRICT TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY FOR WATER AND SEWER SERVICE, TO INCLUDE ALL LAND WITHIN THE CURRENT BOUNDARIES OF THE TOWN BUT NOT WITHIN THE BOUNDARIES OF MUD 1 OR MUD 2; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club (the "Town") is a general law municipality of the State of Texas, located in Denton County, Texas; WHEREAS, Trophy Club Master District (the "Master District") is an entity established by Trophy Club Municipal Utility District No. I ("MUD I") and Trophy Club Municipal Utility District No. 2 ("MUD2") under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code to jointly provide governmental functions and services that those two municipal utility districts are authorized to perform individually, as allowed by Section 79 1.01 1(c)(2) of the Texas Government Code; WHEREAS, the Master District operates and maintains the central water and sewer systems in the portions of the Town that are currently developed, WHEREAS, the Master District has informed the Town that the Master District is currently planning and designing an upgrade and expansion of the central water and sewer facilities to accommodate further growth within the Town, including portions of the Town and its extraterritorial jurisdiction that are not currently developed and that are not currently within the boundaries of MUD] or MUD2, but which may later be annexed by MUD or MUD2; WHEREAS, the Master District has also informed the Town that the Master District intends to file with the Texas Natural Resources Conservation Commission an application for a Certificate of Convenience and Necessity (`CCN") for new water and new sewer service areas that will include all of the land within the current boundaries of the Town and its extraterritorial jurisdiction that is not already within the boundaries of MUD] or MUD2, and the Master District has requested the Town's consent to such application for CCN; WHEREAS, the Town has determined that it is in the best interest of the Town and its residents for the Town to grant consent to the Master District's application for CCN so that water and sewer services may be provided to all residents of the Town; and WHEREAS, the Town's consent granted hereunder shall be effective for a period of one (1) year following the date of approval of this resolution and, thereafter, shall expire if the Master District has not filed an application to obtain a CCN within that one (1) year period. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That, based upon the foregoing premises, the Town of Trophy Club, Texas, hereby grants its consent to the Trophy Club Master District for filing an application to obtain a Certificate of Convenience and Necessity to allow the Master District to provide water and wastewater service to all portions of the Town and its extraterritorial jurisdiction that are not already within the boundaries of Trophy Club Municipal Utility District No. 1 or Trophy Club Municipal Utility District No. 2. Section 2. That the Town's consent shall be effective for a period of one (1) year following the date of approval of this resolution and, thereafter, shall expire if the Master District has not filed an application to obtain a CCN within that one (1) year period. Section 3. That the Town Manager is instructed to deliver a certified copy of this Resolution to the Trophy Club Master District to be included in the application that the Master District files with the Texas Natural Resources Conservation Commission. Section 4. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Tow ounci)�of e Town of Trophy Club, Texas, this 6"' day of August 2001. Club, Texas ATTEST: Q:VrOWNSECW 1 Resolutions\Rcs2001\Res 2001-20.doc 2 Town Secretary Town of Trophy Cl b, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas QATOWNSMAII Resolutio1is\Res200I\Res 2001-20.doc