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05-62 - R TOWN OF PROSPER,TEXAS RESOLUTION NO.05-62 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE TOWNS OF LITTLE ELM AND PROSPER, TEXAS. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute,on behalf of the Town Council of the Town of Prosper, Texas, a Boundary Adjustment Agreement between the Towns of Little Elm and Prosper, Texas. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of August, 2005. Charles Ni wanger, M r ATTEST TO: VanaeJenningrA Secreta I STATE OF TEXAS ) BOUNDARY ADJUSTMENT AGREEMENT BETWEEN COUNTIES OF DENTON ) THE TOWNS OF LITTLE ELM AND PROSPER AND COLLIN ) WHEREAS, the Town of Little Elm, Texas ("Little Elm"), is a home rule municipality created pursuant to Article 11, Section 5 of the Texas Constitution, and located in Denton County, Texas; and WHEREAS,the Town of Prosper, Texas ("Prosper"), is general-law municipality created pursuant to state law, and located in Collin and Denton Counties, Texas; and WHEREAS, both Little Elm and Prosper are empowered to enter into agreements concerning their respective extraterritorial jurisdiction boundaries by,but necessarily limited to,the authority granted them pursuant to Chapter 791 of the Texas Government Code, known as the Interlocal Cooperation Act, to enter into agreements with one another to perform governmental functions such as the determination of extraterritorial jurisdiction boundaries; and WHEREAS,Little Elm and Prosper are empowered pursuant to Section 42.023 of the Local Government Code to reduce their respective extraterritorial jurisdiction boundaries by ordinance or resolution; and WHEREAS, Little Elm and Prosper desire to identify mutually agreeable annexation boundaries and the resulting extraterritorial jurisdiction boundaries between the two communities, and; WHEREAS,it is necessary to determine an optimum location for such boundaries so as to eliminate future boundary disputes, and; WHEREAS,both Little Elm and Prosper agree that it is in the best interest of the residents 1 of their respective communities to establish mutually agreeable annexation and extraterritorial jurisdiction boundaries by agreement, and; WHEREAS, both Little Elm and Prosper have determined that the extraterritorial jurisdiction boundaries graphically portrayed on Exhibit A, attached hereto and incorporated by reference, shall establish the limits of each cities respective extraterritorial jurisdiction boundary limits with respect to each other, such that the common boundaries of Little Elm's and Prosper's extraterritorial jurisdiction will be along Fishtrap Road (Prosper to the North of the centerline of Fishtrap Road, and Little Elm to the South of the centerline of Fishtrap Road and West of the Westernmost boundary of FM 1385),FM 1385(Prosper to the East of the Westernmost boundary of FM 1385, and Lithe Elm to the West of the Westernmost boundary of FM 1385 and South of the Southernmost boundary of Fishtrap Road) and US Highway 380 (Prosper to the North of the centerline of US Highway 3 80 and East of the Westernmost boundary of FM 13 85,and Little Elm to the South of the centerline of US Highway 380 and West of the Westernmost boundary of FM 1385), all of which are graphically portrayed on Exhibit A; and WHEREAS,the Texas Interlocal Cooperation Act, contained in Chapter 791 of the Texas Government Code, authorizes Texas local governments to contract with one or more other local governments to perform governmental functions and services under the terms of said Act; and WHEREAS, both Little Elm and Prosper wish to avail themselves of the rights and privileges afforded by the Interlocal Cooperation Act and both have determined that this Agreement is in each party's best interests as well as in the best interests of their respective citizens. 2 WITNESSETH: NOW,THEREFORE,for and in consideration of the mutual promises and covenants herein made and the benefits to each party resulting here from, and the recitals set forth above which are made contractual provisions of this Agreement,Little Elm and Prosper do hereby contract,covenant and agree as follows with respect to the properties made subject to this Agreement: 1. Little Elm hereby agrees to establish and limit its extraterritorial jurisdiction boundaries,with respect to Prosper's extraterritorial jurisdiction boundaries,as shown on ExhibitA, such that the common extraterritorial jurisdiction boundaries east of Little Elm Creek,will run along Fishtrap Road(Prosper to the North of the centerline of Fishtrap Road,and Little Elm to the South of the centerline of Fishtrap Road and West of the Westernmost boundary of FM 1385), FM 1385 (Prosper to the East of the Westernmost boundary of FM 1385, and Little Elm to the West of the Westernmost boundary of FM 1385 and South of the Southernmost boundary of Fishtrap Road)and US Highway 380 (Prosper to the North of the centerline of US Highway 380 and East of the Westernmost boundary of FM 1385, and Little Elm to the South of the centerline of US Highway 380 and West of the Westernmost boundary of FM 1385). 2. Little Elm hereby releases,relinquishes and discontinues any claim or entitlement to any extraterritorial jurisdiction area that this Agreement describes and portrays as being in Prosper's exclusive extraterritorial jurisdiction area. 3. Little Elm agrees never to attempt to extend Little Elm's extraterritorial jurisdiction into any extraterritorial jurisdiction area that this Agreement describes and portrays as being in Prosper's exclusive extraterritorial jurisdiction area without first receiving a fully executed resolution or ordinance of the governing body of Prosper amending this Agreement to authorize such action. 3 4. Little Elm agrees to take all necessary actions, including the release of any extraterritorial jurisdiction currently within Little Elm, pursuant to Section 42.023 of the Local Government Code,to establish the common extraterritorial jurisdiction boundaries shown on Exhibit A. Little Elm agrees that it will perform all such needed actions within 90 days of the date this Agreement is fully approved, with such full approval occurring when both Little Elm and Prosper have approved the Agreement by action of their respective governing bodies. 5. Prosper hereby agrees to establish and limit its extraterritorial jurisdiction boundaries, with respect to Little Elm's extraterritorial jurisdiction boundaries,as shown on ExhibitA,such that the common extraterritorial jurisdiction boundaries east of Little Elm Creek,will run along Fishtrap Road (Prosper to the North of the centerline of Fishtrap Road, and Little Elm to the South of the centerline of Fishtrap Road and West of the Westernmost boundary of FM 1385),FM 1385(Prosper to the East of the Westernmost boundary of FM 1385,and Little Elm to the West ofthe Westernmost boundary of FM 1385 and South of the Southernmost boundary of Fishtrap Road)and US Highway 380 (Prosper to the North of the centerline of US Highway 380 and East of the Westernmost boundary of FM 1385,and Little Elm to the South of the centerline of US Highway 380 and West of the Westernmost boundary of FM 1385). 6. Prosper hereby releases,relinquishes and discontinues any claim or entitlement to any extraterritorial jurisdiction area that this Agreement describes and portrays as being in Little Elm's exclusive extraterritorial jurisdiction area. 7. Prosper agrees never to attempt to extend Prosper's extraterritorial jurisdiction into any extraterritorial jurisdiction area that this Agreement describes and portrays as being in Little 4 Elm's exclusive extraterritorial jurisdiction area without first receiving a My executed resolution or ordinance of the governing body of Little Elm amending this Agreement to authorize such action. 8. Prosper agrees to take all necessary actions, including the release of any extraterritorial jurisdiction currently within Prosper, pursuant to Section 42.023 of the Local Government Code,to establish the common extraterritorial jurisdiction boundaries shown on Exhibit A. Prosper agrees that it will perform all such needed actions within 90 days of the date this Agreement is fully approved, with such full approval occurring when both Little Elm and Prosper have approved the Agreement by action of their respective governing bodies. 9. Little Elm and Prosper agree that the adoption of any ordinance or resolution by the municipalities or the taking of any other act necessary to accomplish the purpose of this Agreement shall be contingent, and neither shall be deemed effective nor enforceable by one municipality against the other, unless and until such time as each municipality has adopted such a resolution or ordinance or taken such other necessary acts. Each parties agrees to provide copies of the ordinances, resolutions or other documents evidencing such necessary acts to the other party upon the effectiveness of such action. 10. The persons signing this Agreement on behalf of the municipalities have been duly authorized and empowered to do so. 11. This Agreement may not be assigned. It embodies the entire agreement between the parties and may not be amended except in writing. 12. In the event that one or more of the provisions contained in this Agreement for any reason shall beheld to be invalid,illegal or unenforceable in any respect,such invalidity,illegality or unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceable 5 provision had never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 13. In the event of any dispute regarding this Interlocal Agreement or the terms contained herein,the parties hereto agree that they shall submit such dispute to non-binding mediation. 14. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. EXECUTED this the J day of ,2005. N, �r ,`•`����E ELM A ' 'r• •.9�= TOWN OF LITTLE ELM, TEXAS C, Town Secretary g C vey, Mayor"' APPROVED AS TO FORM: C—Johi 1i,Town Attorney 6 EXECUTED this the day of s 2005. ATTEST: TOWN OF PROSPER,TEXAS janaeJennings ty Secretary Curies Nis anw ger, APPRLVED AS T RM: i Richard Abpinathy, City Attomiy Y/ l 7 STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the 2005,by Doug Cravey,Mayor,Town of Little Elm,Texas,a Texas municipal corporation,on behalf of said municipal corporation. k, D M L.HALE �: *= MY COMMISSION EXPIRES ;•v? ��"��z Noli y Public, S.fate of Texas -�:e STATE OF TEXAS ) COUNTY OF COLLIN ) This instrument was acknowledged before me on th�day of J— , 2005, by Charles Niswanger, Mayor, Town of Prosper, Texas, a Texas m cipal corporation, on behalf of said municipal corporation. lqolLry Public, State eexas 11�j %C •My Commission Egku 100 oaooer 30,2W7 8 1 y------------ --------- I IIuII A- A-730 I ' 1 ( Irr-----^r------- rrrm , I I rano eio repo ' ew I 1 �-_—___---___—___—__a i � �_• 1.MY•N.6d r.umYm w Y W Me b I .---_� YYY Aa fmr drY W 4�MlM Yb A�mW W Y i r ' i .ewa m.•a a�ae r�:w.e Ye�.w.. —L-----.. 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