07-073 - R TOWN OF PROSPER,TEXAS RESOLUTION NO.07-073
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
AGREEMENT BETWEEN THE LITTLE ELM, TEXAS AND THE
TOWN OF 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 Agreement between
the Town of Little Elm, Texas and the Town of Prosper, Texas.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28`x'day of August, 2007.
tiarles N swanger, Mia
ATTEST TO: IOSSi�fr�
Of PRO J'fe
Matthew D. Denton, TRMC .
Town Secretary o o
TEXNS
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 home-rule municipality created
pursuant to Article 11,Section 5 of the Texas Constitution,and located in Collin County,Texas;and
WHEREAS, both Little Elm and Prosper are empowered to enter into agreements
concerning their respective extraterritorial jurisdiction ("ETJ") boundaries and corporate limit
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 ETJ boundaries and corporate
limit boundaries; and
WHEREAS,Little Elm and Prosper are empowered pursuant to Section 42.023 of the Local
Government Code to reduce their respective ETJ boundaries by ordinance or resolution; and
WHEREAS, Little Elm and Prosper,by virtue of Section 43.021 of the Local Government
Code and their respective home-rule charters,are empowered to fix their respective ETJ boundaries
and corporate limit boundaries, extend their ETJ boundaries and corporate limit boundaries, and
exchange areas with each other; and
WHEREAS, Little Elm and Prosper desire to identify mutually agreeable annexation
boundaries and the resulting ETJ boundaries and corporate limit boundaries between the two
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communities, and provide a mechanism designed to ensure, to the extent legally permissible, that
areas of common interest are subject to municipal control and regulation;
WHEREAS, it is necessary to determine an optimum location for such boundaries so as to
eliminate future boundary disputes, and;
WHEREAS, Little Elm and Prosper agree that it is in the best interest of the residents of
their respective communities to establish mutually agreeable annexation and ETJ boundaries by
agreement, and;
WHEREAS, Little Elm and Prosper have determined that the ETJ boundaries graphically
portrayed on Exhibit A,attached hereto and incorporated by reference, shall establish the limits of
each town's respective ETJ boundary limits with respect to each other; and
WHEREAS, Little Elm and Prosper recognize that the area shown on Exhibit as Little
Elm's ETJ north of Fishtrap Road is an area of common interest to Little Elm and Prosper and an
area into which Prosper may one day desire to extend its ETJ boundaries and/or corporate limit
boundaries; and
WHEREAS,in recognition of this common interest,Little Elm agrees that it will not annex
into the area shown on Exhibit A as Little Elm's ETJ north of Fishtrap Road without Prosper's
consent; and
WHEREAS, in further recognition of this common interest, Little Elm agrees that it will,
upon request by Prosper, relinquish those portions of the area shown on Exhibit as Little Elm's
ETJ north of Fishtrap Road to Prosper to allow Prosper to extend its ETJ boundaries and/or
corporate limit boundaries into the area, provided that Little Elm is satisfied that Prosper has the
legal authority to accomplish such expansion into the area; and
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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, the towns' respective home-rule charters allow them to enter into such
agreements; and
WHEREAS, Little Elm and Prosper wish to avail themselves of the rights and privileges
afforded by the Interlocal Cooperation Act,their home-rules charters and other applicable state laws,
and both have determined that this Boundary Adjustment Agreement Between the Towns of Little
Elm and Prosper("Agreement") is in each party's best interests, as well as in the best interests of
their respective citizens; and
WITNESSETH:
NOW,THEREFORE,for and in consideration of the mutual promises and covenants herein
made and the benefits to each parry 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 ETJ boundaries, with respect to
Prosper's ETJ boundaries, as shown on Exhibit A.
2. Little Elm hereby releases,relinquishes and discontinues any claim or entitlement to
any ETJ area that this Agreement describes and portrays as being in Prosper's exclusive ETJ area.
3. Little Elm agrees never to attempt to extend Little Elm's ETJ into any ETJ area that
this Agreement describes and portrays as being in Prosper's exclusive ETJ area without first
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receiving a fully executed resolution or ordinance of the governing body of Prosper amending this
Agreement to authorize such action.
4. Little Elm agrees to take all necessary actions, including the release of any ETJ
currently within Little Elm,pursuant to Section 42.023 of the Local Government Code,to establish
the common ETJ 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 ETJ boundaries,with respect to Little
Elm's ETJ boundaries, as shown on Exhibit A.
6. Prosper hereby releases,relinquishes and discontinues any claim or entitlement to any
ETJ area that this Agreement describes and portrays as being in Little Elm's exclusive ETJ area.
7. Prosper agrees never to attempt to extend Prosper's ETJ into any ETJ area that this
Agreement describes and portrays as being in Little Elm's exclusive ETJ area without first receiving
a fully 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 ETJ currently
within Prosper,pursuant to Section 42.023 of the Local Government Code,to establish the common
ETJ 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.
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9. Notwithstanding the provisions of paragraphs I —8, above, Little Elm and Prosper
recognize that the area shown on Exhibit A as Little Elm's ETJ north of Fishtrap Road is an area of
common interest to Little Elm and Prosper and an area into which Prosper may one day desire to
extend its ETJ boundaries and/or corporate limit boundaries.In recognition of this common interest,
Little Elm agrees that it will not annex into the area shown on Exhibit A as Little Elm's ETJ north of
Fishtrap Road without Prosper's consent.In further recognition of this common interest,Little Elm
agrees that it will,upon request by Prosper,relinquish those portions of the area shown on ExhibitA
as Little Elm's ETJ north of Fishtrap Road to Prosper to allow Prosper to extend its ETJ boundaries
and/or corporate limit boundaries into the area,provided that Little Elm is satisfied that Prosper has
the legal authority to accomplish such expansion into the area.
10. 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.
11. The persons signing this Agreement on behalf of the municipalities have been duly
authorized and empowered to do so.
12. This Agreement may not be assigned. It embodies the entire agreement between the
parties and may not be amended except in writing.
13. In the event that one or more of the provisions contained in this Agreement for any
reason shall be held 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
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provision had never been contained herein, but shall not affect the remaining provisions of this
Agreement, which shall remain in full force and effect.
14. Each party agrees and intends that this Agreement shall not benefit or create any right
or cause of action in or on behalf of any person or entity other than the parties to this Agreement and
their successors or assigns.
15. In the event of any dispute regarding this Agreement or the terms contained herein,
the parties hereto agree that they shall submit such dispute to non-binding mediation.
16. This Agreement shall supersede and replace any and all prior agreements between the
parties regarding the matters addressed in this Agreement to the extent of any conflict between this
Agreement and any such prior agreements.
EXECUTED this the day of
2007.
ATTEST: TOWN OF LITTLE ELM, TEXAS
Kathy Phillfk CMC, Town Secretary Frank Kastner, Mayor
.APPROVED AS TO FORM:
Robert F. Brown, Town Attorney
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EXECUTED this the day of A U US 7'- ,2007.
ATTEST: TOWN OF PROSPER, TEXAS
Matthew D. Denton, Town Secretary Wiles Niswanger May
willoWill
®®® ®F P,,y ®®��
APPROVED AS TO FORM:
®® ® e °% °d
p ° al
0 46 rP® R
Richard Abernathy, Town Attorney
r °
m
Ile, �b°ew�r� Q2i
rlEXAS
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STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the V day of ,,� f
2007, by Frank Kastner, Mayor, Town of Little Elm, Texas, a Texas municipal corporation, on
behalf of said municipal corporation. _
I
KATHY J.PHILLIPS /
COMMISSION EXPIRES
October
J2,2010
Notary Public, State of Texas
STATE OF TEXAS )
COUNTY OF COLLIN )
This instrument was acknowledged before me on th62�day of
2007, by Charles Niswanger, Mayor, Town of Prosper, Texas, a Texas municipal corporation, on
behalf of said municipal corporation.
WTTHEW 0.DEVON
r arc.3W a
kw cwo"" 10"'86-wo . l Itary Public, State of Texas
s ✓
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