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RES 2008-21TOWN OF TROPHY CLUB, "rEXAS RESOLUTION NO. 2008-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR THE TOWN OF "rROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO.1 ("rHE HIGHLANDS AT TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING; AU"rHORIZING THE PUBLICATION OF NOTICE; 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. 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 Improvement Projects 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 certain 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 1 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 Authorized Services for the District (the "Plan"), such Plan is attached hereto as Exhibit B, covers a period of at least five years, and defines the annual indebtedness and the projected costs of the Authorized Services, as identified and defined in the Plan; and WHEREAS, the Plan includes an assessment plan that apportions the cost of the Authorized Services 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 Authorized Services; and WHEREAS, after determining the total cost of the Authorized Services, the Town Council 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 as final 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 372.016 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 372.016 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 372.016 of the Act; and NOW, "rHEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF "rROPHY CLUB, TEXAS, THAT: Section 1. Findings. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the "Public Hearing") for 7:00 p.m. on September 22, 2008 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 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 2 parcel of property in the District as set forth in the proposed 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 (11) 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 invalidat~ the proceeding. Section 3. Publication of Notice. The Town Council hereby directs Town Staff to cause the publication of notice of the Public Hearing substantially in the form attached as Exhibit A; such publication to occur before the 10th day before the date of the hearing. 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 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 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. Filing of Plans and Assessment Roll. The Plan and 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. Section 6. Effective Date. This Resolution shall become effective upon its passage in accordance with law. 3 PASSED AND APPROVED this 8th day of September, 2008. Nick Sanders, Mayor ATTEST: APPROVED AS TO FORM: Patricia A. Adams, Town Attorney ( 4 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 22th day of September, 2008 at 7:00 p.m. at the Svore Municipal Building at 100 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 is emergency services (the "Authorized Services"), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost.of the Authorized Services is approximately _ (to be determined). 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 for Authorized Services and 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 8th day of September, 2008. lsI Lisa Hennek T own Secretary Town of Trophy Club, Texas 5 EXHIBIT A BOUNDARIES The District includes approximately 435 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is located at the northeast, southeast and southwest corners of the intersection of State Highway 78 and State Highway 205 and south of Farm to Market Road 2755 between County Road 483 and County Road 484. The District is more particularly described by metes and bounds available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. For more information call (682) 831-4600. 1 EXHIBITB SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) 2 THE TOWN OF TROPHY CLUB PuBLIC IMPROVEMENT DISTRICT No.1 (THE HIGHLANDS AT TROPHY CLUB) SERVICE AND ASSESSMENT PLAN AUTHORIZED SERVICES SEPTEMBER 4, 2008 THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT No.1 (THE HIGHLANDS AT TROPHY CLUB) SERVICE AND ASSESSMENT PLAN AUTHORIZED SERVICES Table of Contents Section I Plan Description and Defined Terms 1 Section II Property Included in the PID 3 Section III Description of Authorized Services 3 Section IV Service Plan 3 Section V Assessment Plan 5 Section VI Assessment Roll 6 Section VlI Miscellaneous Provisions 6 List of Exhibits Exhibit A The PID Map Exhibit B Assessment Ron Section I PLAN DESCRIPTION AND DEFINED TERMS A. Introduction This Service and Assessment Plan is prepared and adopted in conformance with the PID Act and pursuant to the Assessment Ordinance (both as hereinafter defined). On April 16, 2007, the Town of Trophy Club Town Council passed and approved a resolution approving and authorizing the creation of The Town of Trophy Club Public Improvement District No. 1 (the Highlands at Trophy Club) (the "PID") to finance certain public improvements and the Authorized Services for the benefit of certain property in the PID, all of which is located within the Town. The PID Act governs the creation of public improvement districts within the State of Texas. Section 372.014 of the PID Act states that "an assessment plan must be included in the annual service plan." The assessment plan is described in Section V of this Service and Assessment Plan. Section 372.015 of the PID Act states that "the governing body of the municipality or county shall apportion the cost of an improvement to' be assessed against property in an improvement district." The method of assessing the costs of the Authorized Improvements to the property in the PID is included in Section V of this Service and Assessment Plan. Section 372.016 of the PID Act states that "after the total cost of an improvement is determined, the governing body ofthe municipality or county shall prepare a proposed assessment roll. The roll must state the assessment against each parcel of land in the district, as determined by the method of assessment chosen by the municipality or county under this subchapter." The Assessment Roll for the PID is included as Exhibit B of this Service and Assessment Plan. The Assessments as shown on the Assessment Roll are based on the method of assessment described in Section V of this Service and Assessment Plan. Capitalized terms used herein shall have the meanings ascribed to them in this section of the Service and Assessment Plan. ' B. Definitions The terms used herein shall have the following meanings: "Annual Collection Costs" mean the following actual or budgeted costs, as applicable, related to the annual collection costs of outstanding Assessments, including the costs or anticipated costs , of: (i) computing, levying, collecting and transmitting the Assessments (whether by the Town or otherwise), (ii) the Town in any way related to the collection of the Assessments, including, without limitation, the administration of the PID, maintaining the record of the Assessments, including, without limitation, any associated legal expenses, the reasonable costs of other consultants and advisors and contingencies and reserves for such costs as deemed appropriate by the Town Council. / "Annual Service Plan Update" has the meaning set forth in the first paragraph of Section IV of this Service and Assessment Plan. "Assessed Property" means Parcels within the PID other than Non-Benefited Property. "Assessment" means the assessment levied against a Parcel imposed pursuant to the Assessment Ordinance and the provisions herein, as shown on the Assessment Roll. "Assessment Ordinance" means the Assessment Ordinance approved by the Town Council to approve the imposition of the Assessments. "Assessment Rate" means the rate determined by dividing the costs of the Authorized Services for a fiscal year plus the Annual Collection Costs by the assessed value of the Assessed Property in the PID for the same fiscal year. "Assessment Roll" means the document included in this Service and Assessment Plan as Exhibit B, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act. "Authorized Services" mean those public services providing a special benefit to the Assessed Property and described in Section III herein and Section 372.003 of the PIO Act. "Delinquent Collection Costs" mean interest, penalties and expenses incurred or imposed with· respect to any delinquent Assessments in accordance with §372.0l8(b) of the PID Act and the costs related to pursuing collection of a delinquent Assessment and foreclosing the lien against the assessed property, including attorneys' fees. "Non-Benefited Property" means Parcels within the boundaries of the PID that accrue no special benefit from the Authorized Services, including Public Property and any other property exempt from regular property taxes. "Parcel" means a parcel identified by a tax map identification number assigned by the Denton Central Appraisal District for real property tax purposes. "Pill" has the meaning set forth in Section LA of this Service and Assessment Plan. "Pill Act" means Texas Local Government Code Chapter 372', Improvement Districts In Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended. "Public Property" means property within the boundaries of the PID that is owned by the federal government, the State of Texas, the Town, a school district, a public utility provider or any other public agency. "Service and Assessment Plan" means this Service and Assessment Plan prepared for the PID pursuant to the PID Act. "Town" means the Town of Trophy Club, Texas. "Town Council" means the duly elected governing body of the Town. 2 Section II PROPERTY INCLUDED IN THE PID The Highlands of Trophy Club is located in the Town of Trophy Club, Texas, within Denton County, Texas. A map of the property within the PID is shown on Exhibit A to this Service and Assessment Plan. The property in the PID consists of most of the property within The Highlands of Trophy Club planned development. The Highlands of Trophy Club planned development contains approximately 697 acres, of which approximately 609 acres is within the PID. Approximately 49 acres is within the planned development but outside of the proposed PID boundaries. This property is located within Trophy Club Municipal District No.1 (MUD 1) and Trophy Club Municipal District No. 2 (MUD 2). Approximately 38 acres of commercial uses is also within the planned development but not within the PID. At completion, the PID is expected to consist of approximately 1,474 residential units, two parks, entry monuments, and associated rights-of-way, landscaping, and infrastructure necessary to . provide roadways, drainage and utilities to the PID. The estimated number of lots is based upon the Planned Development Ordinance and the Developer's estimated highest and best use of the property within the PID. Section ill DESCRIPTION OF THE AUTHORIZED SERVICES The services that may be provided by a PID include "special supplemental services for· improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement." After analyzing the Authorized Services authorized by the PID Act, the Town has determined that emergency services (the "Authorized Services) should b~ undertaken by the Town and will be of special benefit to Assessed Property within the PID. These emergency services shall include, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. . Section IV SERVICE PLAN The Act requires a service plan cover a period of at least five years. The plan shall be reviewed and updated annually for the purpose of determining the annual budget for improvements. The annual update to this Service and Assessment Plan is herein referred to as the "Annual Service Plan Update." 3 The annual projected costs are shown by the following table (Table IV~A). This budget is based on existing conditions of the property, where emergency services will be limited to construction activity within the PID. Changes to these conditions, included the construction and occupying of homes, will require a revision in the budget for emergency services to be provided to the PID. Table IV-A Annual Projected Costs Year Annual Projected Annual Costs of Authorized Collection Costs Total Costs Services 2008 $16,307.89 $0 $]2,055.93 2009 $] 6,307.89 $0 $]2,055.93 20]0 $] 6,307.89 $0 $]2,055.93 20]] $] 6,307.89 $0 $]2,055.93 20]2 $] 6,307.89 $0 $]2,055.93 The annual projected costs are subject to revision and shall be updated in the Annual Service Plan Update to reflect any changes in the costs of the Authorized Services expected to be provided each year. The annual projected sources of funds to pay the costs of the Authorized Services are shown by the following table (Table JV-B). TableIV-B Annual Projected Sources of Funds Year Assessments Annual Indebtedness and Other Funds Total Sources of Funds 2008 $] 6,307.89 $0 $]2,055.93 2009 $]6,307.89 $0 $]2,055.93 20]0 $] 6,307.89 $0 $]2,055.93 20] ] $] 6,307.89 $0 $]2,055.93 20]2 $]6,307.89 $0 $]2,055.93 The projected sources of funds is subject to revision based on any changes in the costs of the Authorized Services to be provided to the PID. The sources of funds for the Authorized Services shown in Table IV -B shall be updated each year in the Annual Service Plan Update to reflect any changes in the sources of funds. 4 Section V ASSESSMENT PLAN The Act requires the Town Council to apportion the cost of Authorized Services on the basis of special benefits conferred upon the property from the Authorized Services. The Act provides that the cost of Authorized Services may be assessed: (i) equally per front foot or square foot; (ii) according to the value of the property as determined by the governing body, with or without regard to improvements on the property; or (iii) in any other manner that results in imposing equal shares of the cost on property similarly benefited. The Town Council has determined to apportion the costs of the Authorized Services "according to the value of the property as determined by the governing body." The costs of the Authorized Services will be assessed according to the certified tax roll each year, excluding only Non­ Ben~fited Property. The costs of the Authorized Services for the 2008-2009 fiscal year are estimated to be $16,307.89. The Annual Collection Costs are estimated to be $0, resulting in total costs to be collected of $16,307.89 Table V Calculation of the Assessment Rate Costs of Authorized Services $16,307.89 Annual Collection Costs Total Assessments $16,307.89 Assessed value of Assessed Property $14,056,101 Assessment Rate (dollars per $100 of AV) $.]]602 The Assessment Rate shall be applied to each Parcel of Assessed Property to determine the Assessment to be collected for the 2008-2009 fiscal year. The Assessments shall be paid in the same manner and at the same time and subject to the same remedies upon the failure to pay, to the extent allowed by law, as regular ad valorem property taxes. Delinquent Assessments shall be subject to Delinquent Collection Costs. The determination by the Town Council of the assessment methodology set forth above is the result of the discretionary exercise by the Town Council of its legislative authority and governmental powers and is conclusive and binding on the current and all future owners of the Assessed Property. Section VI THE ASSESSMENT ROLL The Assessment Roll is attached hereto as Exhibit B. The Assessment shown on each Parcel is equal to the assessed value of the Parcel multiplied by the Assessment Rate. The Assessment Roll shall be updated each year upon the preparation of each Annual Service Plan Update to 5 reflect the current parcels in the PID, the assessed value for each Parcel, and the Assessment and Annual Collection Costs due for that year. Section VllI MISCELLANEOUS PROVISIONS A. Amendments The Town Council reserves the right to the extent permitted by the Act to amend this Service and Assessment Plan without notice under the Act and without notice to property owners of Parcels: (i) to correct mistakes and clerical errors; (ii) to clarify ambiguities; and (iii) to provide procedures for the collection and enforcement of Assessments, Collection Costs, and other charges imposed by the Service and Assessment Plan. B. Administration and 'Interpretation of Provisions The Town Council shall administer the PID, this Service and Assessment Plan, and all Annual Service Plan Updates consistent with the PID Act, and shall make all interpretations and determinations related to the application of this Service and Assessment Plan unless stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis for the determination made by the Town, such determination shall be conclusive. C. Severability lf any provision, section, subsection, sentence, clause or phrase of this Service and Assessment Plan, or the application of same to an Parcel or 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 Service and Assessment Plan or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Service and Assessment Plan that no part hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other part hereof, and all provision~ of this Service and Assessment Plan are declared to be severable for that purpose. If any provision of this Service and Assessment Plan is determined by a court to be unenforceable, the unenforceable provision shall be deleted from this Service and Assessment Plan and the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the City. 6 Exhibit A PIDMAP (To Be Provided Prior To Public Hearing& Plan Adoption On September 22, 2008) .. Exhibit B ASSESSMENT ROLL (To Be Provided Prior To Public Hearing & Plan Adoption On September 22,2008)