O-2024-26 Releasing 12.368 Acres North US 380 between DNT and Mahard Parkway - Y-C Nurseries2024 - 20240000358.56 03/2812024 01:59 PM Page 1 of 5
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-26
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, RELEASING 12.368 ACRES, MORE OR LESS, FROM THE TOWN
OF PROSPER'S EXTRATERRIROTIAL JURISDICTION; MAKING
FINDINGS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, as authorized by Subchapter D of Chapter 42 of the Texas Local Government
Code, the landowners of the property herein described have requested and petitioned in writing
that the Town of Prosper exclude the property herein described from the Town's extraterritorial
jurisdiction ("ETJ"); and
WHEREAS, the Town has determined that the submitted petition complies with the
requirements of Subchapter D of Chapter 42 of the Texas Local Government Code and that such
law requires the release of the property herein described from the Town's ETJ.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be the true and correct legislative determinations
of the Town of Prosper and they are hereby approved and incorporated into the body of this
ordinance as if copied in their entirety.
SECTION 2
From and after the effective date of this Ordinance, the following property, more
particularly described in Exhibit A, attached hereto and incorporated by reference, is hereby
released from the Town's ETJ. Further, the Town's ETJ boundary map is hereby amended in
accordance with the ETJ release referenced in this Ordinance, and as required by Section 41.001
of the Texas Local Government Code.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
2024 - 20240000358.56 03/2812024 01:59 PM Page 2 of 5
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 26TH DAY OF MARCH, 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
"Si QA�-)'
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2024-26, Page 2
2024 - 20240000358.56 03/2812024 01:59 PM Page 3 of 5
EXHIBIT A
(Legal Description / Depiction of the Property to be Released from Town's ETJ)
Ordinance No. 2024-26, Page 3
2024 - 2024000035856 0312812024 01:59 PM Page 4 of 5
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2024-2024000035856 03/28/2024 2:00 PM Page 5 of 5
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2024000035856
eRecording - Real Property
ORDINANCE
Recorded On: March 28, 2024 01:59 PM
Number of Pages: 5
" Examined and Charged as Follows: "
Total Recording: $37.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Record and Return To:
Document Number: 2024000035856 Simplifile
Receipt Number: 20240328000559
Recorded Date/Time: March 28, 2024 01:59 PM
User: Abby H
Station: Station 7
STATE OF TEXAS
COUNTY OF COLLIN
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Public Records of Collin County, Texas.
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX