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Ordinance 2025-24ORDINANCE NO. 2025-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND THE CITY OF LUCAS; AUTHORIZING THE MAYOR TO EXECUTE THE BOUNDARY ADJUSTMENT AGREEMENT ON BEHALF OF THE CITY OF WYLIE; CLARIFYING THAT THE PROPERTY AS DESCRIBED IN THE INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT RELEASED FROM LUCAS' EXTRATERRITORIAL JURISDICTION AND INCORPORATED INTO WYLIE'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 an Interlocal Boundary Adjustment Agreement between the City of Wylie, Texas ("Wylie") and the City of Lucas, Texas ("Lucas"), 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 Interlocal Boundary Adjustment Agreement and to confirm that the property described in the Interlocal Boundary Adjustment Agreement is released from Lucas' extraterritorial jurisdiction and incorporated into Wylie's extraterritorial jurisdiction in order to promote orderly delivery of municipal fire services within such property; and WHEREAS, the City Council finds that all legal notices, procedures and other requirements for approving the Interlocal 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 Interlocal Boundary Agreement. The City Council hereby approves the terms and conditions of the Interlocal Boundary Adjustment Agreement attached as Exhibit 1. The Mayor is authorized and directed to execute, on behalf of Wylie, the Interlocal 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 Interlocal Boundary Agreement. A certified copy of this Ordinance with the mutually executed Interlocal 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. 2025-24 Interlocal Boundary Adjustment Agreement w/Lucas Page 1 of 3 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, this 1 1 day of June, 2025. ew Porter, Mayor ATTEST: h,annnt, Stephanie Storm, City Secretary Ordinance No. 2025-24 Interlocal Boundary Adjustment Agreement w/Lucas Page 2 of 3 Exhibit 1 Interlocal Boundary Adiustment Agreement [7 pages attached hereto] Ordinance No. 2025-24 Interlocal Boundary Adjustment Agreement w/Lucas Page 3 of 3 STATE OF TEXAS § COUNTY OF COLLIN § INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITIES OF LUCAS AND WYLIE WHEREAS, the City of Lucas, Texas ("Lucas"), 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 Lucas 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 lnterlocal 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, Lucas 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, Lucas and Wylie share common boundaries; and WHEREAS, Lucas and Wylie have identified an area that is within Lucas' ETJ, consisting of approximately Three Hundred and Twenty (320) acres 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 Lucas 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. 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, Lucas 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 dashed boundary lines as shown in Exhibit B as attached hereto. Lucas, through this Agreement, hereby releases, relinquishes, waives, and discontinues any claim, jurisdiction, or entitlement to the Property as being within Lucas' 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 2 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. 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 Lucas shall have no obligations to provide municipal services to or otherwise exert jurisdiction over the Property, it being the parties' intent that Wylie has the right and obligation to provide municipal services to the Property, subject to ordinances and regulations of Wylie and Texas law. G. Lucas 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. 3 EXECUTED this the day of 2025. ATTEST: CITY OF LUCAS, TEXAS Toshia Kimball, City Secretary John Whitsell, City Manager ATTEST: CITY OF WYLIE, TEXAS Stephanie Storm, City Secretary Matthew Porter, Mayor EXHIBIT A CURRENT INSPIRATION ETJ BOUNDARY MAP & Legal Descriptions Subdivision ETJ Tod SF Total Open Total Luca Lucas Lucas Open Wage Acres Warne SF Logs Writ Open Lots Space Lots Acreage Acreage SF Lots Space Lets Only. Space Lots Inso r3bon Phase 38-1 LucaaWyne 199 6 58 077 30.377 E7 2 26.6 112 4 Inspiration Phase 38-2 Lucas/Wylie 48 1 14. 143 13.230 42 0.043 4 0 ho Inceiraoon Plum* 39 3 Lwac 10 O 6.017 6.017 10 0 0 0 0 Inspiration Phase 3C Wytia 54 3 16.431 16.431 54 3 Inspiration phase 4A Wy1re'Luras 29 4 18.832 11.t32 6 4 5.7 23 0 Inspiration Phase 48 Wylie 19 1 8.85 8.85 19 1 Insoiration 'tease 5A-2 *Ole 30 4 7.753 7.753 30 4 Inspiration 'tease 5A-3 Wylie 5 2 3.125 3.125 5 2 Inspiration Phase 58 Wynne 170 7 39 485 39.465 170 7 Inspiration Phase 6 faille 29 8 21 381 21.581 29 6 Inspiration Phase 7A Lucas 152 7 65.205 65235 152 7 0 0 0 Inspiration Phase 78 Lucas 106 T 35 834 35.834 108 7 0 0 0 Inspiratioe Phase 8.6 Lucas 38 6 13 96' 13.001 39 8 0 0 0 Inspiration Phase 88 Lucas 23' 13 74 914 74.914 231 13 0 0 0 Inspiration Phase 10 Lucas 287 8 73.159 73.159 207 a 0 0 0 1414 79 494.227 323.177 5611 44 130.4211 446 27 5 EXHIBIT B NEW WYLIE INSPIRATION ETJ BOUNDARY MAP EXHIBIT B NEW WYLIE INSPIRATION ETJ LOT BREAKDOWN Subdivision ETJ Ttl Lots Ttl Acreage Inspiration Phase 2B Wylie 58 19.8 Inspiration Phase 3A Wylie 110 37.1 Inspiration Phase 3B-1 Wylie 205 56.977 Inspiration Phase 3B-2 Wylie 47 14.143 Inspiration Phase 3B-3 Wylie 19 6.017 Inspiration Phase 3C Wylie 57 16.431 Inspiration Phase 4A Wylie 33 16.832 Inspiration Phase 4B Wylie 20 8.85 Inspiration Phase 5A-1 Wylie 2 0.556 Inspiration Phase 5A-2 Wylie 34 7.753 Inspiration Phase 5A-3 Wylie 7 3.125 Inspiration Phase 5B Wylie 177 39.465 Inspiration Phase 6 Wylie 35 21.561 Inspiration Phase 7A Wylie 159 65.205 Inspiration Phase 7B Wylie 113 35.834 Inspiration Phase 8A Wylie 44 13.961 Inspiration Phase 8B Wylie 244 74.914 Inspiration Phase 10 Wylie 295 73.159 I 1659 511.683 4929-6846-9575, v. 1 ORDINANCE NO. 2025-06-01017 [APPROVING INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF LUCAS AND THE CITY OF WYLIE' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUCAS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND THE CITY OF LUCAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT ON BEHALF OF THE CITY OF LUCAS; CLARIFYING THAT THE PROPERTY AS DESCRIBED IN THE INTERLOCAL BOUNDARY ADJUSTMENT AGREEMENT IS HEREBY RELEASED FROM LUCAS' EXTRATERRITORIAL JURISDICTION AND INCORPORATED INTO WYLIE'S EXTRATERRITORIAL JURISDICTION; PROVIDING A REPEALING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lucas. Texas ("City Council'-) desires to enter into an Interlocal Boundary Adjustment Agreement between the City of Wylie, Texas ("Wylie") and the City of Lucas, Texas ("Lucas"). 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 Lucas and its citizens to approve the Interlocal Boundary Adjustment Agreement and to confirm that the property described in the Interlocal Boundary Adjustment Agreement is released from Lucas' extraterritorial jurisdiction and incorporated into Wylie's extraterritorial jurisdiction in order to promote orderly delivery of municipal fire services within such property; and WHEREAS. the City Council finds that all legal notices, procedures and other requirements for approving the Interlocal 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 LUCAS, 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 Interlocal Boundary Agreement. The City Council hereby approves the terms and conditions of the Interlocal Boundary Adjustment Agreement attached as Exhibit "1." The City Manager is authorized and directed to execute, on behalf of Lucas, the Interlocal 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 Interlocal Boundary Agreement, the official map and boundaries of Lucas shall be amended, if necessary, in accordance with the Interlocal Boundary Agreement. A certified copy of this Ordinance with the mutually executed Interlocal Boundary Adjustment Agreement shall he 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. SECTION 5. Severability . Should any section. subsection, sentence, clause or phrase of this Ordinance he 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 take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Lucas, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LUCAS, COLLIN COUNTY, TEXAS, ON THIS Si'V\ DAY OF w•n 2025. APPROVED AS TO FORM: 77 ;1,7j- APPROVED. usty ATTEST: Mayor Joseph J. Gorfida, Jr., City Attorney a�,�0t 44V�Cgs'Ipshia Kimball, City Secretary (05-2S-2025 4929-5293-5751, v 11 �`.• •• , • T �i, 4. . F a • SEAL • ._ Exhibit 1 Interlocal Boundary Adjustment Agreement 7 pages attached hereto] 4929-5293-5751 v,1