01-25 - RI
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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 Prosper, Texas
("Prosper") and the City of Celina, Texas ("Celina").
WHEREAS, Prosper and Celina are governed by the laws of the State of Texas governing
municipalities; and
WHEREAS, Prosper and Celina are adjacent cities; and
WHEREAS, Section 43.031 of the LOCAL GOVERNMENT CODE, Vernon's Texas
Codes Annotated, 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, Prosper and Celina 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. Prosper and Celina 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. 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 Celina 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.
3. Celina 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 Celina may be able to assert against any
other municipality.
4. Prosper and Celina 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. Prosper and Celina 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. Prosper and Celina 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. Prosper and Celina 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.
S. 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 Celina agree that this Agreement shall take effect only upon
ratification and adoption by the governing bodies of each city.
EXECUTED IN MULTIPLE COPIES this �Wday of 0"200J4'
T
M or, City of Prosper, Texas
ATTEST:
ity Secretary
Ma r, City of Celina, Texas
ATTEST:
City Secretary
MA"11-30
BEGINNING at a point on the centerline of F.M. 1461, said point also being 40.0 feet North of
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 Westerly direction along the centerline of said F.M. 1461 an approximate distance
of 16,500.0 feet to the intersection of the centerline of F.M. 1461 and the centerline of S.H. 289;
THENCE continuing in a Westerly direction along the centerline of B 289 an approximate
distance of 5,100.0 feet to the intersection of the centerline of B 289 and the R.R.; --
THENCE continuing in a Westerly direction along the centerline of C.R. 5 an approximate
distance of 11,400.0 feet to the intersection of the centerline of said C.R. 5 and the West right-of-
way line of C.R. 6, and containing a total length of approximately 33,000.0 feet.
Celina -Prosper
bK- 00 -45
A RESOLUTION OF THE CITY COUNCIL OF THE•CITY OF PROSPER, TEXAS,
AUTHORIZING THE EXECUTION OF AN ULTIMATE BOUNDARY LINE AGREEMENT
WITH THE CITY OF CELINA, TEXAS.
WHEREAS, the governing bodies of the cities of Prosper, Texas, and Celina, 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 Celina, 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
TH 1" 'r- DAY OF JYL��,J , 2001.
OF P�
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May
C "r4ary
05082 82118
City of Prosper
P.O. Box 307
Prosper, TX 75078
URONS;ON HEREIN WHICH RFbTRIC15 TNF $AlF AENiAI OR USE OF THE
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and .he lime Namp�d herp,, by na; are wzs "vly q@GORGED, In tho 9 on t Public
Rxcrds of Real Property of Coup (;ppr,(y ►Cm nn
JAN 1 0 2002
Filed for Recgrd ''i.n:
Collin C:otmty, .McKinn y TX
Honorable 1-le4L-ii Starnes
Collin C.cmnt7 Clerk t
Iln ,Ian 1.0 , 2002 `
At It.-59991
Uoc,''Nun-i : 2062�°��70O5545
f;ecordiri /T'ype:RL �11.1�0
Receipt #: 1171