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ORD 2025-31 PID Remove Emergency Service AssessmentTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2025-31 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, FINDING THAT ANNUAL SPECIAL ASSESSMENTS (THE "ASSESSMENTS") FOR EMERGENCY SERVICES ("EMERGENCY SERVICES") COMPRISING THE AUTHORIZED SERVICES NO LONGER PROVIDE A SPECIAL BENEFIT TO THE PROPERTY IN THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB) (THE "DISTRICT"); PROVIDING THAT THERE SHALL BE NO LEVY OF ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT FOR EMERGENCY SERVICES IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; REPEALING THE SERVICE AND ASSESSMENT PLAN; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town Secretary of the Town (the "Town Secretary") pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the "PID Act"), requesting the creation of a public improvement district over a portion of the area of the Town to be known as The Town of Trophy Club Public Improvement District No. 1 (the "District"); and WHEREAS, the petition contained the signatures of the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of the Denton Central Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the District; and WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the "Town Council") held the public hearing in the manner required by law on the advisability of the public improvements and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08 adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of the public improvements and services; and WHEREAS, on May 18, 2007, the Town published notice of its authorization of the District in the Trophy Club Times, a newspaper of general circulation in the Town; and ORDINANCE NO. 2025-31 PAGE 2 WHEREAS, no written protests of the District from any owners of record of property within the District were filed with the Town Secretary within 20 days after May 18, 2007; and WHEREAS, on May 21, 2007, the Council adopted a resolution directing the filing of a proposed assessment roll, and directing related action; and WHEREAS, the Town has conducted annual reviews from 2008 through 2024 as provided in the PID Act and has annually adopted ordinances approving a Service and Assessment Plan for Authorized Services and an Assessment Roll for District (collectively referred to as the "Plan"); and WHEREAS, on October 14t", 2024, the Town approved Resolution No. 2024-21, which authorized expansion of the boundaries of Trophy Club Municipal Utility District No. 1 (the "MUD"), to include the entire corporate limits of the Town; and WHEREAS, on October 16t", 2024, the MUD approved Resolution No. 2024-1016, accepting the Town's consent to expand its boundaries to include the entire corporate limits of the Town; and WHEREAS, after the expansion of the MUD's boundaries, the annual special assessments (the "Assessments") for the emergency services (the "Emergency Services") comprising the Authorized Services are no longer needed and do not provide a special benefit to the property in the District; and WHEREAS, the Town Council finds and determines that the Plan is no longer needed, and as of the effective date of this Ordinance no Assessments for Emergency Services shall be levied against property in the District; and WHEREAS, notice was published, and a public hearing was held on September 22, 2025, in accordance with the PID Act to discuss the advisability and necessity of the Assessment for Emergency Services; and WHEREAS, the Town Council closed the hearing, and after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the Town, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PID Act. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. The findings and determinations set forth in the preamble above are hereby fully incorporated into this Ordinance by reference for all purposes. ORDINANCE NO. 2025-31 PAGE 3 SECTION 2. FINDINGS The Town Council hereby finds, determines, and ordains, as follows: (a) The Assessments for Emergency Services and the apportionment of the costs of the same pursuant to the Plan are no longer advisable or necessary; and (b) The provisions of the Plan prior to the adoption of this Ordinance relating to the Assessments and the due and delinquency dates for the Assessments, interest, and penalties on delinquent Assessments, and procedures in connection with the imposition and collection of the Assessments, shall remain in full force and effect as it relates to the collection of Assessments for Emergency Services due and owing prior to the effective date of this Ordinance; and (c) Except as provided in (b) above and Sections 4 through 7 below, the Plan is hereby repealed and shall no longer serve as the Plan for the District as it relates to the Emergency Services; and (d) A written notice of the date, hour, place and subject to this meeting of the Town Council was posted at a place convenient to the public for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. SECTION 3. LEVY AND PAYMENT OF ASSESSMENTS FOR COSTS OF EMERGENCY SERVICES The Town Council hereby finds and determines that as of the effective date of this Ordinance, there shall be no levy or payment of an Assessment related to Emergency Services on any tract of property located within the District. SECTION 4. APPOINTMENT OF ADMINISTRATOR DTA Public Finance, Inc. ("DTA) (www.FinanceDTA.com) is hereby appointed and designated as the Administrator of the Plan for Emergency Services levied prior to the effective date of this Ordinance. The Administrator shall perform the duties of the Administrator described in the Plan and in this Ordinance, as applicable. In addition to other applicable costs of collection, whether legally authorized by contract or other District document, the Administrator's fees, charges, and expenses for providing such service shall constitute Collection Costs. ORDINANCE NO. 2025-31 PAGE 4 SECTION 5. PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS Delinquent Assessments that are due and owing prior to the effective date of this Ordinance, shall continue to be subject to the penalties, interest, procedures, and foreclosure sales set forth in the Plan. The Assessments shall have lien priority as specified in the PID Act and the Plan. SECTION 6. APPLICABILITY OF TAX CODE To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the Town. SECTION 7. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim, or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 8. SEVERABILITY If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Town Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect upon passage and execution hereof. ORDINANCE NO. 2025-31 PAGE 5 ADOPTED, PASSED, and APPROVED by the Town Council, y a vote of members voting "for" and 0 members voting "against" and with absentee, on this 22nd day of September 20 5. ,"®W N O,c� an ATTEST. C Tammy Dixon, wn Se retary -. 7 r APPROVED TO AS FORM: Dean RcYgia, To ttorney , .7-.Y - Denton County Juli Luke County Clerk *VG-373-2025-107607* Instrument Number: 107607 Real Property Recordings ORDINANCE Recorded On: September 25, 2025 08:55 AM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $45.00 ***********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: 107607 TOWN OF TROPHY CLUB Receipt Number: 20250925000083 1 TROPHY WOOD DR Recorded Date/Time: September 25, 2025 08:55 AM User: Melissa K TROPHY CLUB TX 76262 Station: Station 43 • •'». STATE OF TEXAS CP .•`�••O U T�••.S COUNTY OF DENTON fir nciA • c = I hereby certify that this Instrument was FILED In the File Number sequence on the date/time . F. # printed hereon,and was duly RECORDED in the Official Records of Denton County,Texas. 'gyp Juli Luke S' /848 ,/ County Clerk `""""� Denton County, TX