13-13 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 13-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE REDUCTION OF ITS EXTRATERRITORIAL
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Prosper") is a home -rule municipality
established and operating under the laws of the State of Texas, and the current corporate
municipal boundaries and extraterritorial jurisdiction ("ETJ") of Prosper are shown on Exhibit "A",
attached hereto and incorporated herein for all purposes; and
WHEREAS, Prosper and Comanche Ridge 52 Partners, Ltd. ("Landowner"), property
owner of an approximately 52.613 acre, more or less, tract of land ("Landowner's Parcel") a
portion of which is located in Prosper's ETJ, as more particularly depicted on and described in
Exhibits "B" and "C", respectively, attached hereto and incorporated herein for all purposes,
reached an Agreement for the Reduction of the Extraterritorial Jurisdiction of Town of Prosper,
Texas ("Agreement"); and
WHEREAS, the Agreement, previously approved and signed by the Landowner, was
approved by the Town Council of the Town of Prosper, Texas ("Town Council") on February 12,
2013; and
WHEREAS, Section 42.023, Texas Local Government Code, as amended, provides
Prosper with the legal authority to, upon written consent by resolution, reduce its ETJ; and
WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper
that Prosper reduce its ETJ by removing 9.257 acres, more or less of the Landowner's Parcel
from its ETJ ("ETJ Parcel"), as more particularly depicted on and described in Exhibits "B" and
"C", respectively, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2. Reduction of ETJ. The Town Council hereby consents, by the passage of
this Resolution, in compliance with Section 42.023, Texas Local Government Code, as
amended, to the reduction of its ETJ by removing the ETJ Parcel from its ETJ, such reduction of
its ETJ being generally depicted, for demonstrative purposes only, on Exhibit "D", attached
hereto and incorporated herein for all purposes.
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 1 OF 8
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SECTION 3. Effective Date. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12t" day of February, 2013.
RAY SMITH, Mayor
ATTEST:
Amy Pna, CiSecretary
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