01-37 - RA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PROSPER,. TEXAS,
AUTHORIZING THE EXECUTION OF AN ULTIMATE BOUNDARY LINE AGREEMENT
WITH THE CITY OF MCKINNEY, TEXAS.
WHEREAS, the governing bodies of the cities of Prosper, Texas, and McKinney, Texas have worked with
each other to plan for the ultimate growth and development of their respective communities, giving due
regard to existing and proposed roads and transportation corridors, water supply availability, fire and police
protection, and their respective abilities to provide other necessary governmental services and functions;
and,
WHEREAS, said cities desire to designate their preferred ultimate city limit boundary lines insofar as they
will separate the two cities in the future; and,
WHEREAS, said cities desire and are willing to commit to each other by contract their respective plans
for future annexations and expansion of their communities; and,
WHEREAS, Chapter 791, Texas Government Code, authorizes local governments to contract with one
another related to future provisions of governmental functions and services; and,
WHEREAS, Section 42.023, Local Government Code, authorizes a municipality to reduce its extra-
territorial jurisdiction by a resolution adopted by the governing body of the municipality;
NOW THEREFORE, be it resolved by the City Council of the City of Prosper, Texas, that:
Section 1. The City Council of the City of Prosper, Texas, desires to enter into that certain ultimate
boundary line agreement with the City of McKinney, Texas, which is attached hereto and
intended to be a part hereof for all purposes and intents.
Section 2. The Mayor of Prosper is hereby authorized to execute the boundary agreement and to
forever bind the City thereto.
Section 3. The City Secretary is directed to file one copy of the original document with the Land
Records of Collin County, Texas, to put all persons on notice as to the future ultimate
expansion plans of the City.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS ON
THE ?5` `D, 'Y F , 2001.
,A
05082 8211E
i
City 01 Prosper
P.O. Box 307
Prosper, TX 75078
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE
DESCR'9E0 RFgL FFOPEP,TY DECAUSE OF COLOR OR RACE IS INVALID AND
UNIENFORCEMIE UIIDER FEDERAL LAZY
(THE STATE Of` TEXAS!
(COUNTY OF COLLIN)
I hereby artity that :hilt indrumenl was FILED In dN File Number Sequence on the date
and the time jornped hereon by re', any was Cuty RECORDED, In the Official Public
Records of Real ProWy of Collin County, !eras on
JAN 1 0 2002
h
Filed fcrr Recdwd • in:
Gol.liil CcDuilty pi1cKi.nney TX .
Hoiiorab]e Hel.eaT Starnes
in i'::ounty
Oil Jail 10:2E�O�c Y
At 11 : 9AM
Doc/Nuns 2 02'-.?005544
Recordi.ng/Type.RL 11-00
Receipt #: A 71
ULTIMATE BOUNDARY LINE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
This Agreement is made and entered into by and between the City of McKinney, Texas
("McKinney") and the City of Prosper, Texas ("Prosper").
WHEREAS, McKinney and Prosper are governed by the laws of the State of Texas
governing municipalities; and
WHEREAS, McKinney and Prosper are adjacent cities; and
WHEREAS, Section 43.031 of the LOCAL GOVERNMENT CODE, Texas Revised
Civil Statutes, authorizes adjacent municipalities to make mutually agreeable changes in their
boundaries; and
WHEREAS, Chapter 791, Texas Government Code, permits local governments to enter
into agreements relating to future provisions of governmental functions and services; and
WHEREAS, McKinney and Prosper desire to enter into this Agreement designating the
future ultimate boundary line between the two cities so that each of them can plan for the
provision of future governmental services and functions;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the parties hereto agree as follows:
1. McKinney and Prosper agree that their future ultimate common boundary lines and
their future respective annexations shall meet at the points and along the lines more
specifically set out in Exhibit A attached hereto for all purposes and intents.
2. McKinney hereby discontinues and relinquishes from its corporate limits and
extraterritorial jurisdiction any territory which is currently beyond the boundary
line described in Exhibit A, if any, and adjusts its corporate limits and
extraterritorial jurisdiction accordingly. It is expressly agreed and understood that
this discontinuance and relinquishment shall operate only in favor of Prosper and
shall not constitute a discontinuance or relinquishment of any right including
extraterritorial jurisdiction rights, which McKinney may be able to assert against
any other municipality.
3. Prosper hereby discontinues and relinquishes from its corporate limits and
extraterritorial jurisdiction any territory which is currently beyond the boundary
line described in Exhibit A, if any, and adjusts its corporate limits and
extraterritorial jurisdiction accordingly. It is expressly agreed and understood that
this discontinuance and relinquishment shall operate only in favor of McKinney and
shall not constitute a discontinuance or relinquishment of any right including
extraterritorial jurisdiction rights, which Prosper may be able to assert against any
other municipality.
4. McKinney and Prosper agree that their future annexations will not conflict with the
terms and intent of this Agreement and that neither will attempt to annex or claim
territory or extraterritorial jurisdiction contrary to the terms of this Agreement.
5. McKinney and Prosper agree that this Agreement repeals and replaces any prior
ordinances or agreements between the two cities, but only to the extent that such
prior ordinances or agreements conflict with this Ultimate Boundary Line
Agreement.
6. McKinney and Prosper acknowlege and consent to any proposed adjustment of the
other city's territory and boundaries to comply with this Agreement and agree that
neither party, as a result of the mutual execution of this Agreement, now
encroaches over the ultimate boundary line. McKinney and Prosper agree that
they will not, in the future, encroach upon the other parties' area beyond the
agreed boundary line as adjusted herein without the express written consent of the
other.
7. This Ultimate Boundary Line Agreement is executed on behalf of the respective
cities by their respective Mayors as authorized by Resolutions of the City Councils
of the respective cities, which were duly passed.
8. Should any provision of this Agreement be declared void by a Court of competent
jurisdiction, the remaining provisions of this Agreement shall remain in full force
and effect.
9. Prosper and McKinney agree that this Agreement shall take effect only upon
ratification and adoption by the governing bodies of each city.
EXECUTED IN MULTIPLE COPIES this 9&day of S2�� , 2001.
Mayor, City of McKinney, Texas
ATTEST:
City Secretary
Wayor, City of Prosper, Texas
ATTEST:
Q, &7/ -
fZL
ity Secretary
I W4 : I 1 111 V
BEGINNING at a point approximately 180.0 feet north of the northeast comer of Redbud
Estates, said point also being on the north right-of-way line of U.S. 380 (University Dr.);
THENCE in an Easterly direction along the North right-of-way line of U.S. 380 an approximate
distance of 5,200.0 feet to the intersection of the North right-of-way line of U.S. 380 and the
West right-of-way line of F.M. 2478;
THENCE in a Northerly direction along the West right-of-way line of F.M. 2478 an approximate
distance of 15,900.0 feet to the intersection of the West right-of-way line of F.M. 2478 and the
South right-of-way line of F.M. 1461;
THENCE in a Northerly direction leaving South right-of-way line of F.M. 1461 an approximate
distance of 10.0 feet to a.point on the centerline of F.M. 1461 and containing a total length of
approximately 26,540.00 feet.
McKinney -Prosper