RES 2007-22TOWN OF TROPHY CLUB
RESOLUTION NO. 2007-22
A RESOLUTION ACCEPTING A SERVICE AND ASSESSMENT
PLAN FOR THE TOWN OF TROPHY CLUB PUBLIC
IMPROVEMENT DISTRICT NO. 1; SETTING A DATE FOR A
PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF
NOTICE; AND ENACTING OTHER PROVISIONS RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 16, 2007, the Town received a petition meeting the
requirements of Sec. 372.005 of the Public Improvement District Assessment Act
(the "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. I (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. 2008-08,
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
improvement projects 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
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 (the "Cost
Resolution") determining the total costs of the District improvements, directing
the filing of a proposed assessment roll, and directing related action; and
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the
Town Council has directed the preparation of a Service and Assessment Plan for
the District (the "Plan"), such Plan attached hereto as Exhibit B, covers a period
of at least five years and defines the annual indebtedness and the projected
costs of the public improvements (as identified in the Plan); and
WHEREAS, the Plan also includes an assessment plan that apportions
the cost of the public improvements, identified in the Plan, to be assessed
against property in the District and such apportionment is made on the basis of
special benefits accruing to the property because of the public improvements;
and
WHEREAS, after determining the total cost of the public improvements,
the Town Council also directed the preparation of an Assessment Roll that states
the assessment against each parcel of land in the District and such Assessment
Roll is attached to and a part of the Plan; and
WHEREAS, the Town Council notes that the Plan and Assessment Roll
may be amended with such changes as the Town Council deems appropriate
before such Plan and Assessment Roll are adopted by the Town Council; and
WHEREAS, the Town has determined to call a public hearing regarding
the levy of assessments pursuant to the Plan and the Assessment Roll pursuant
to Section 372.01 6 of the Act; and
WHEREAS, the Town desires to publish notice of a public hearing to
adopt the Plan and Assessment Roll in order to provide notice to all interested
parties of the Town's proposed levy of assessments against property in the
District, pursuant to Section 372.01 6 of the Act; and
WHEREAS, the Town desires to file the Plan and Assessment Roll with
the Town Secretary such that they are available for public inspection pursuant to
Section 372.01 6 of the Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. Findinas. The findings and determinations set forth in the
preambles hereto are hereby incorporated by reference for all purposes.
Section 2. Callinq Public Hearinq. The Town Council hereby calls a
public hearing (the "Public Hearing") for 7:00 p.m. on November 5, 2007 at the
regular meeting place of the Town Council of the Town of Trophy Club, Texas,
Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, to consider
approving the Plan, with such changes and amendments as the Town Council
deems necessary, and the Assessment Roll for the District with such
amendments to the assessments on any parcel as the Town Council deems
necessary. After all objections made at such hearing have been heard, the Town
Council may (i) levy the assessments as special assessments against each
parcel of property in the District as set forth in the Plan and Assessment Roll;
(ii) specify the method of payment of the assessment, and (iii) provide that
assessments be paid in periodic installments. Notice of the hearing setting out
the matters required by Section 372.016 of the Act shall be given by publication
at least eleven (11) days before the date of the hearing, in a newspaper of
general circulation in the Town. Notice of such hearing shall also be given by the
mailing of a copy of the notice containing the information required by
Section 372.016(b) of the Act at least eleven (1 1) days prior to the hearing to the
current address of each owner of property liable for an assessment in the
proposed Assessment Roll as reflected on the tax rolls of the Denton Central
Appraisal District. All residents and property owners within the District, and all
other persons, are hereby invited to appear in person, or by their attorney, and
contend for or contest the Plan and the Assessment Roll, and the proposed
assessments and offer testimony pertinent to any issue presented on the amount
of the assessments, purpose of the assessments, special benefit of the
assessments, and the costs of collection and the penalties and interest on
delinquent assessments. At or on the adjournment of the hearing conducted
pursuant to Section 372.016 on the proposed assessments, the Town Council
must hear and pass on any objection to a proposed assessment. The Town
Council may amend a proposed assessment on any parcel. The failure of a
property owner to receive notice does not invalidate the proceeding.
Section 3. Publication of Notice. The Town Council herebv directs
Town Staff to cause the publication of notice of the Public Hearinq substantially
in the form attached as Exhibit A; such publication to occur before the 10th day
before the date of the hearinu.
Section 4. Conduct of Public Hearing. The Town Council shall convene
at the location and at the time specified in the notice described above for the
public hearing and shall conduct the public hearing in connection with its
approval of the Plan and the Assessment Roll of the District and the levy of the
proposed assessments, including costs of collection and penalties and interest
on delinquent assessments. At such public hearing, the Town Council will hear
and pass on any objections to the Plan and the proposed Assessment Roll and
the levy of the proposed assessments (which objections may be written or oral).
At or on the adjournment of the hearing, Council may amend a proposed
assessment- on any parcel. After all objections, if any, have been heard and
passed upon, the Town may (i) levy the assessments as special assessments
against each parcel of property in the District as set forth in the Plan and
Assessment Roll, (ii) specify the method of payment of the assessment, and
(iii) provide that the assessments be paid in periodic installments.
Section 5. Filinu of Plan and Assessment Roll. The Plan and the
proposed Assessment Roll shall be filed in the office of the Town Secretary and
be made available to any member of the public who wishes to inspect the same.
PASSED AND APPROVED this 15" day of October, 2007.
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ATTEST:
5'
- )'JP no /hy,
fisa Rarnsey, Town Secretary
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Nick Sanders, Mayor
APPROVED AS TO FORM & LEGALITY:
EXHIBIT A
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by
the Town Council of the Town of Trophy Club, Texas on the 5'h day of November,
2007 at 7:00 p.m. at the Svore Municipal Building at I00 Municipal Drive, Trophy
Club, Denton County, Texas 76262. The public hearing will be held to consider
proposed assessments to be levied against the assessable property within THE
TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the
"District") pursuant to the provisions of Chapter 372 of the Texas Local
Government Code, as amended.
The general nature of the improvements include, but are not limited to,
landscaping, entryway features, a development signature monument, water,
wastewater, roadway or drainage system improvements, trails, parks and open
space.
The total cost of the public improvements is approximately $30,000,000.
The boundaries of the District are described in Exhibit A attached hereto
and made a part hereof for all purposes.
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan and the proposed
Assessment Roll, which includes the assessments to be levied against each
parcel in the District, is available for public inspection at the office of the Town
Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas
76262.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this
15th day of October 2007.
IS/ Lisa Ramsey
Town Secretary
Town of Trophy Club, Texas
EXHIBIT A
BOUNDARIES
The District includes approximately 609.683 acres located within the
corporate limits of the Town of Trophy Club, Denton County, Texas. The District
is generally located to the north of Oakmont Drive, Oak Hill Drive and the
Quorum Condominiums, east of the Lakes Subdivision and Parkview Drive,
south of the Corp of Engineers Property and west of the Town's eastern town
limits. The District is more particularly described by metes and bounds and such
description is available for inspection at Town Hall, 100 Municipal Drive, Trophy
Club, Texas 76262. For more information call (682) 831-4600.
EXHIBIT B
SERVICE AND ASSESSMENT PLAN