Ordinance 2025-06 ORDINANCE NO. 2025-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A BOUNDARY
ADJUSTMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND THE
CITY OF LAVON; AUTHORIZING THE MAYOR TO EXECUTE THE
BOUNDARY ADJUSTMENT AGREEMENT ON BEHALF OF THE CITY OF
WYLIE; CLARIFYING THAT THE PROPERTY AS DESCRIBED IN THE
BOUNDARY ADJUSTMENT AGREEMENT RELEASED FROM WYLIE'S
EXTRATERRITORIAL JURISDICTION AND INCORPORATED INTO
LAVON'S EXTRATERRITORIAL JURISDICTION; PROVIDING A
REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of Wylie, Texas ("City Council") desires to enter into a
Boundary Adjustment Agreement between the City of Wylie,Texas(")yylie")and the City of Lavon,Texas
("Lavon"), as set forth in Exhibit 1, attached hereto and incorporated herein for all purposes (collectively,
the"Property"); and
WHEREAS, the City Council finds that it would be advantageous and beneficial to Wylie and its
citizens to approve the Boundary Adjustment Agreement and to confirm that the property described in the
Boundary Adjustment Agreement is released from Wylie's extraterritorial jurisdiction and incorporated
into Lavon's extraterritorial jurisdiction in order to promote orderly development and delivery of municipal
services within such property; and
WHEREAS, the City Council finds that all legal notices, procedures and other requirements for
approving the Boundary Adjustment Agreement have been performed and completed in the manner and
form required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1. findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2.Approval of Boundary Agreement. The City Council hereby approves the terms and
conditions of the Boundary Adjustment Agreement attached as Exhibit 1. The Mayor is authorized and
directed to execute, on behalf of Wylie, the Boundary Adjustment Agreement attached as Exhibit 1.
SECTION 3. Official Map and Boundaries Amended. Upon adoption of this Ordinance and the
mutual execution of the Boundary Agreement, the official map and boundaries of Wylie shall be amended,
if necessary, in accordance with the Boundary Agreement. A certified copy of this Ordinance with the
mutually executed Boundary Adjustment Agreement shall be filed in the County Clerk's Office of Collin
County, Texas.
SECTION 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinances shall remain in full force and effect.
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Pagel of 8
SECTION 5. Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The
City Council hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections,
sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 6. Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 14th day of January, 2025.
I&'/�-
atthew Porter, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Stephanie Storm, City Secretary
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 2 of 8
Exhibit 1
Boundary Adjustment Agreement
[5 pages attached hereto]
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 3 of 8
STATE OF TEXAS §
COUNTY OF COLLIN §
BOUNDARY ADJUSTMENT AGREEMENT BETWEEN
THE CITIES OF LAVON AND WYLIE
WHEREAS, the City of Lavon, Texas ("Lavon"), is a Home Rule municipality created pursuant
to state law, and located in Collin County, Texas; and
WHEREAS,the City of Wylie,Texas("Wylie"), is a Home Rule municipality created pursuant to
state law, and located in Collin County, Texas; and
WHEREAS, both Lavon and Wylie (collectively, "Parties") 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 and Chapter 43 of the Texas Local Government
Code, to enter into agreements with one another to perform governmental functions such as the
determination of ETJ boundaries and corporate limit boundaries; and
WHEREAS, Lavon and Wylie are empowered pursuant to Section 42.023 of the Texas Local
Government Code to reduce their respective ETJ boundaries by ordinance or resolution; and
WHEREAS, Wylie is empowered pursuant to Section 43.003 of the Texas Local Government
Code to fix its ETJ boundaries and corporate limit boundaries and to exchange area with other
municipalities; and
WHEREAS,the Parties are empowered pursuant to Section 43.015 of the Local Government Code
to make mutually agreeable changes in the boundaries of areas that are less than 1,000 feet in width; and
WHEREAS, Lavon and Wylie share common boundaries; and
WHEREAS, Lavon and Wylie have identified an area that is within Wylie's ETJ, consisting of
forty-one (41) tracts of land, the depiction of which is attached hereto Exhibit A and incorporated herein
for all purposes (collectively, the"Property"); and
WHEREAS, the Parties desire to identify a mutually agreeable ETJ boundary between the two
communities,and provide a mechanism designed to ensure,to the extent legally permissible,that both cities
have agreed upon boundaries upon which they can rely so that each city may have certainty in its respective
planning and development decisions for these areas; and
WHEREAS, the Parties agree that it is in the best interests of the residents of their respective
communities to establish a mutually agreeable ETJ boundary; and
WHEREAS, the Parties have determined that this Boundary Adjustment Agreement Between the
Cities of Lavon and Wylie("Agreement") is in each party's best interests,as well as in the best interests of
their respective citizens, and that this Agreement concerns only the Property.
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 4 of 8
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, Lavon and Wylie do hereby contract, covenant and agree as
follows with respect to the Property:
SECTION 1. FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body of this Agreement and shall be
considered part of the mutual covenants, consideration and promises that bind the Parties.
SECTION 2. TERM.
This Agreement shall become effective upon the date of the last party to execute this Agreement
(the "Effective Date") and shall remain in effect in perpetuity, to the extent authorized by law, until and
unless terminated by agreement of the Parties.
SECTION 3. AGREEMENT
The Parties hereby agree to establish and recognize the new extraterritorial jurisdiction boundary
delineated by the ownership parcels yellow boundary lines as shown in ExhibitA as attached hereto.Wylie,
through this Agreement, hereby releases, relinquishes, waives, and discontinues any claim,jurisdiction, or
entitlement to the Property as being within Wylie's ETJ as a result of the herein described boundary
adjustment,to the extent that any such claim,jurisdiction, or entitlement existed as of the Effective Date of
this Agreement.
SECTION 5. MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this Agreement:
A. The persons signing this Agreement on behalf of the cities have been duly authorized and
empowered to do so by a vote of their respective governing bodies and the passage of an appropriate
ordinance. The adoption of any such ordinance or the performance of any other action hereunder shall be
contingent, and neither shall be deemed effective nor enforceable by one of the parties against the other,
unless and until such time as both parties have adopted such an ordinance or taken such other necessary
acts as mirror the other's acts.This Agreement may be executed in one or more counterparts,each of which
shall be deemed an original and all of which shall constitute one and the same document.
B. This Agreement may not be assigned. It embodies the entire agreement between the Parties
and may not be amended except in writing.
C. 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 provision
had never been contained herein, but shall not affect the remaining provisions of this Agreement, which
shall remain in full force and effect.
D. This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas,and all obligations of the Parties created hereunder are performable in Collin County,Texas.
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 5 of 8
Venue for any action arising under this Agreement shall lie in the state district courts of Collin County,
Texas.
E. 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.
F. The Parties agree that Wylie shall have no obligations to provide municipal services to or
otherwise exert jurisdiction over the Property, it being the parties' intent that Lavon has the right and
obligation to provide municipal services to the Property, subject to ordinances and regulations of Lavon
and Texas law.
G. Wylie hereby waives all of its jurisdiction, if any, in or to the Property. It is expressly
agreed and understood that this waiver shall operate only in favor of the parties to this Agreement and shall
not constitute a waiver of any right, including ETJ rights, which either party may be able to assert against
any other municipality. The Parties agree that nothing in this Agreement releases,relinquishes,diminishes,
waives or lessens in any way the rights that either party may have,at law or in equity,to challenge or contest
any other annexations, attempted annexations or jurisdictional claims made by the other party, not related
to the Property.
H. This Agreement is for the benefit of the parties,and does not and shall not confer or extend
any benefit or privilege to any third party.
EXECUTED this the day of 2025.
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 6 of 8
ATTEST: CITY OF LAVON,TEXAS
Rae Norton, City Secretary Vicki Sanson, Mayor
ATTEST: CITY OF WYLIE, TEXAS
Stephanie Storm, City Secretary Matthew Porter, Mayor
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 7 of 8
EXHIBIT A
New Boundary Line
Ordinance No. 2025-06 Boundary Adjustment Agreement with Lavon Page 8 of 8
City of Lavon EXHIBIT A
PROPERTIES EXHIBIT - HATE„ Ai
JANUARY 2025 - -�
0 500 1,000
FEET Q
1 inch 1,000 feet 8
� D
Legend
0 OWNERSHIP PARCELS I
Q CITY LIMITS
Q ETJ
MVATE ROAD 5 2
3
KEY CCAD ID LEGAL AC.
y
1 1284363 1.65
2 2674636 0.80
3 2719623 0.52 /
4 2646070 6.46
5 2664009 0.99 Q�
6 1987140 1.05
7 1279734 7.83
8 1284354 2.54
9 1279770 5.04
10 2664010 5.50
11 1279743 6.00
12 1284345 1.05
13 1279789 2.16
14 2120472 55.33
i
15 1284327 12.85
16 1284318 11.49
17 1284309 0.80
18 1284292 0.81
19 2712501 7.25 I Dma
20 431054 9.41 m
21 2680189 9.75
22 2680190 1.10
23 2692278 2.35
24 2046400 1.77
25 431045 2.98
26* 431009 47.81 23.5 ac. of the overall 47.81
27 2121887 7.37
28 425702 9.07
29 444727 0.84
30 444736 0.97
i
31 444745 1.00
32 444754 1.00 g
33 444763 1.00 'g
34 444772 1.00
35 444781 1.00
36 444 .50 /
37 444807 807 1.50
38 444816 1.00 n
39 2137812 0.46
x T
40 1 444825 1.00
$ 41 1 2137885 1 0.06 1I l 1
Collin County
Honorable Stacey Kemp
Collin County Clerk
*VG-69-2025-2025000008927*
Instrument Number: 2025000008927
Real Property
ORDINANCE
Recorded On: January 27, 2025 08:51 AM Number of Pages: 10
" Examined and Charged as Follows: "
Total Recording: $57.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2025000008927 CITY OF WYLIE
Receipt Number: 20250127000135 300 COUNTRY CLUB BLDG #100
Recorded Date/Time: January 27, 2025 08:51 AM
User: Maria P WYLIE TX 75098
Station: Station 3
STATE OF TEXAS
1c Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon,and was duly recorded in the Official Public Records of Collin County,Texas
i
Honorable Stacey Kemp
* * # Collin County Clerk (;2*ft4hXt0
Collin County, TX