10-091 - R RESOLUTION NO. 10-091
A RESOLUTION OF THE TOWN OF PROSPER, TEXAS, SUPPORTING,
CONCURRING WITH AND ENDORSING A RESOLUTION ADOPTED
BY THE CITY OF WESTON, TEXAS ON AUGUST 10, 2010; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the cities of Prosper, McKinney, Celina and Weston entered into an
Ultimate Boundary Agreement in 2001 which fixed their ultimate common boundaries and their
respective future annexations; and
WHEREAS, on April 20, 2004, the District Court of Collin County, Texas, 199th
District, in Cause No. 199-00878-033, styled In Re: Collin County, Texas, Prosper, Texas,
McKinney, Texas, Celina, Texas, and Weston, Texas, entered a declaratory judgment which fixed
and confirmed the common boundaries of those cities; and
WHEREAS, on August 10, 2010, the City of Weston adopted a Resolution rescinding
certain actions taken in 2007 regarding a requested boundary adjustment between the City of
Weston and the City of McKinney, a copy of which Resolution is attached hereto, marked
"Exhibit A" and made a part hereof, and
WHEREAS, the attached Resolution of the City of Weston also ratifies and confirms
such Ultimate Boundary Agreement and declaratory judgment.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1.
The Town of Prosper hereby supports, concurs with and fully endorses the attached
resolution adopted by the City of Weston on August 10, 2010.
SECTION 2.
The Mayor of the Town of Prosper is directed to send copies of this Resolution to the
Mayors of the cities of Weston, McKinney, and Celina.
SECTION 3.
This resolution shall be effective from and after its passage and adoption by the Town
Council.
RESOLVED AND ENTERED this the 12th day of October, 2010.
ATTEST: TOWN OF PROSPER
thew D. Denton, TRMC Ray Smit, ,Mayor
T awn Secretary
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Sep 23 10 12:08p Leeann Oland 9723828409 p.4
RESOLUTION NO. 2010-08-01
A RESOLUTION OF THE CITY OF WESTON, TEXAS,
RATIFYING AND CONFIRMING THE 2004 ULTIMATE
TIr
BOUNDARY AGREEMENT BETWEEN THE CITIES OF
WESTON, MCMI Y, CELINA AND PROSPER AND THE
DECLARATORY JUDGMENT Il\ CAUSE NO. 199-00878-03 IN
THE DISTRICT COURT OF COLLIN COUNTY, TE;KA;`S;
ACTION OF N NULL AND VOID THE DECEMBER 11, 2007"
WESTON CITY COUNCIL REGARDING A
REQUEST FOR A BOUNDARY ADJUSTMENT WITH THE CITY
OF MCICUSNEY AND A REQUEST FOR THE RELEASE OF
CERTAUq PROPERTY FROM THE CITY OF WESTON'S
BOUNDARY AND EXTRATERRITORIAL JURISDICTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Weston, Texas is a Type A general-law municipality
located in Collin County, created in accordance with the Provisions of Chapter 6 of the
Focal Government Code and operating Pursuant to the enabling legislation of the State of
Texas;and
WHEREAS,in 2001 the cities of Celina, McKinney,Prosper and Weston entered
into an Ultimate Boundary Agreement which fixed their ultimate common boundaries
and their respective future annexations;and
WHEREAS,on April 20, 2004, the District Court of Collin County, Texas, 199m
District, in cause No. 199-00878-03, styled In Re: Collin County, Texas, Celina, Texas,
McKinney, Texas, Prosper, Texas, and Weston, Terms, entered a declaratory judgment
which fixed and confirmed the common boundaries of those cities,and
WHEREAS, the declaratory judgment entered by the 190 District Court was not
appealed and is a valid final judgment;and
WHEREAS, on May 1, 2010,the then-Mayor of the City of Weston sent a letter
to the City of McKinney, stating that on December 11, 2007', the Weston City Council
had released Mr. No +Kidney"s Pro (J.D. # 1054012 2121281)from the City
of Weston°s boundary and 1 TI and had approved a boundary adjustment between the
City of Weston and the City of McKinney,-and
V41EREAS, the City Council finds it necessary to clfy the effect of the City
Council action on December 11,2007 and the then-Mayor's letter of May 7,2010.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WESTON,TEXAS THAT:
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Sep 23 10 12:08p Leeann Oland 9723828409 p.5
SECTION L
The above recitals are true and correct and are made a part of this Resolution to
the same extent as if copied in this Section.
SECTION 2.
110 City Council hereby ratifies and,confirms the 2001 Ultimate Boundary
Agreement between the cities of Celina,, McKinney, Prosper and Weston, and the 2001
Declaratory Judgment of the District.Court of Collin County, 199'h District,in cause No.
199-00878-03.
SECTION 3.
The City Council hereby declares the action of the City Council on December 11,
2007 to be null and void because it violates the provisions of the Ultimate Boundary
Agreement and is inconsistent with the Declaratory Judgment of the District Court of
Collin. County, 195P District, and the City Council hereby rescinds the December 11,
2007 City Council action,
SECTION 4.
The City Council hereby denies the rest to release the property owned by
Norman Gibney from the boundary and extratenitorial jurisdiction of the City of Weston,
and hereby denies the request for a boundary adjustment between the City of Weston and
the City of McKinney.
SECTION 5.
The Mayor is directed to send copies of this Resolution to the Mayors of the cities
of Celina,McKinney,and Prosper
SECTION 6.
This resolution shall be effective from and after its passage and adoption by the
City Council.
RESOLVED AND ENTERED this the day of � �of .2m.
ATTEST: CITY OF WESTON A Of �� s
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Vsecretal
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