02-05 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 02-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF
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PROSPER, TEXAS TO EXECUTE AN AGREEMENT TO REGULATE
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SUBDIVISION PLATS AND RELATED PERMITS IN THE TOWN'S
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EXTRATERRITORIAL JURISDICTION BETWEEN COLLIN COUNTY,
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TEXAS AND THE TOWN OF PROSPER, TEXAS
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
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OF PROSPER, TEXAS:
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SECTION 1: The Mayor of the Town of Prosper, Texas ("Prosper") is hereby authorized
to execute, on behalf of the Prosper Town Council an Agreement to Regulate Subdivision Plats
and Related Permits in the Town's Extraterritorial Jurisdiction between Collin County, Texas and
Prosper, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY, TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this day of 1 2002.
JAMES DUNMIRE, Mayor
ATTESTED AND CORRECTLY
RECO ED:
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AMBER PHILLIPS,
Town Secretary`
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Honorable Helen Starnes
Collin County Clerk
On Oct 30 2002
At 3:51pm
Doc/Num : 2002- 0158939
Recordin /Type:RL II.&
Receipt 4#: 38764
AGREEMENT TO REGULATE SUBDIVISION PLATS AND
RELATED PERMITS IN THE TOWN OF PROSPEWS
EXTRATERRITORIAL JURISDICTION
This Agreement to Regulate Subdivision Plats and Related Permits in the Town of
Prosper's Extraterritorial Jurisdiction (Agreement) is made and entered into by and between
the Town of Prosper, Texas (Town) and the County of Collin, Texas (County) under and in
accordance with the provisions of the Interlocal Cooperation Act, Chapter 791, of the Texas
Government Code.
WHEREAS, House Bill 1445 amended Section 242.001 of the Local Government
Code to require that counties and cities enter into a written agreement that identifies the
governmental entity authorized to regulate subdivision plats and related permits within the
Town's extraterritorial jurisdiction (ETJ) that is located in County; and
WHEREAS, Town and County desire to comply with Section 242.001 of the Local
Government Code as amended by House Bill 1445.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions,
and policies expressed herein, Town and County agree as follows:
ETJ Boundaries. A portion of the Town's ETJ is located within the County. A map
identifying the location of the ETJ as of the date of this Agreement is attached hereto as
Exhibit A. The parties recognize that the boundaries of the ETJ may change in the future and
acknowledge that this Agreement is meant to apply to the Town's entire ETJ that is located
within County as it exists now or may exist in the future. The Town shall give notice of such
change of the Town's ETJ boundary by filing with the County Clerk a copy of the ordinance
or document changing the ETJ, and all actions required by this paragraph shall be considered
AGREEMENT TO REGULATE SUBDIVISION PLATS AND RELATED
PERMITS IN THE TOWN=S EXTRATERRITORIAL JURISDICTION B Page 1
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by the parties to be full compliance with the amendment and notice requirements of Section
242.001(c) of the Texas Local Government Code.
2. Regulation by Town. All subdivision plats and related permits for subdivisions located
in the Town's ETJ shall be regulated by the Town and comply with all Town ordinances, as
they exist or may be amended.
3. Submission to Town. All plat applications, related documents and related permit
applications shall be submitted to the Town Administrator or his or her designee.
4. Term. The term of this Agreement is twenty-five (25) years, commencing on the date
both County and Town have executed this Agreement.
5. Miscellaneous.
a) The Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Collin County, Texas.
b) The individuals executing this Agreement on behalf of the respective parties
below represent to each other and to the others that all appropriate and
necessary action has been taken to authorize the individual who is executing
this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to
execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and
that each individual affixing his or her signature hereto is authorized to do so,
and such authorization is valid and effective on the date thereof.
c) This Agreement is executed by the parties hereto without coercion or duress
AGREEMENT TO REGULATE SUBDIVISION PLATS AND RELATED
PERMITS IN THE TOWN=S EXTRATERRITORIAL JURISDICTION B Page 2
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and for substantial consideration, the sufficiency ofwhich is forever confessed.
d) Any notice provided for under the terms of this Agreement by either party to
the other shall be in writing and may be effected by registered or certified
mail, return receipt requested. Notice to the Town of Prosper shall be
sufficient if made or addressed to the Town Administrator, Town of Prosper,
P.O. Box 307, Prosper, Texas 75078. Notice to Collin County shall be
sufficient if made or addressed to County Judge, Ron Harris, 626 Courthouse,
210 S. McDonald Street, McKinney, Texas 75069. Each party may change
the address to which notice may be sent to that party by giving notice of such
change to the other parties in accordance with the provisions of this
Agreement.
e) This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
f) In case any one or more of the provisions contained in this Agreement shall
for any reason be held to be valid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as is such invalid, illegal or
unenforceable provision had never been contained herein.
g) Each signatory represents this Agreement has been read by the party for which
this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
h) The parties agree this Agreement has been drafted jointly by the parties and
AGREEMENT TO REGULATE SUBDIVISION PLATS AND RELATED
PERMITS IN THE TOWN=S EXTRATERRITORIAL JURISDICTION B Page 3
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their legal representatives.
i) This Agreement contains the entire agreement of the parties with respect to
the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by mutual written agreement of the parties
hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective as of the latest date as reflected by the signatures below.
TOWN OF PROSPER, TEXAS
By:
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Date: 1M 51T��
COLLIN COUNTY, TE
By:
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AGREEMENT TO REGULATE SUBDIVISION PLATS AND RELATED
PERMITS IN THE TOWN=S EXTRATERRITORIAL JURISDICTION B Page 4
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COURT ORDER NO. 2002- U�J -03-25
THE STATE OF TEXAS
AGREEMENTS
INTERLOCAL/ENFORCEMENT OF
SUBDVISION REGULATIONS
COUNTY OF COLLIN CITY'S EXTRATERRITORIAL JURISDICTION
ENGINEERING
On March 25, 2002, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Ron Harris;�i'"
Phyllis Cole
Jerry Hoagland
Joe Jaynes
Jack Hatchell
County Judge, Presiding
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
During such session the court considered approval of an Interlocal Agreement with the City of
Prosper for the Enforcement of Subdivision Regulations within the cities' Extraterritorial
Jurisdiction (ETJ).
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the Interlocal Agreement with the City of Prosper for the Enforcement of
Subdivision Regulations within the cities' Extraterritorial Jurisdiction (ETJ) and further
authorize County Judge to execute same. Same is hereby approved as per the attached
documentation.
Ron Harri Judge
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Phyllis Co , Co i sio , Pct. 1
Jerry H an o missioner, Pct. 2
Joe Jayne
Jack Hatchell, Commissioner, Pct. 4
F „C :
ATTEST:
Starnes,urn
Ex Off do Clerk o
Helen � ,,� •. : ,
Commissioners' Court -.,..•
Collin County, T E X A S