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RES 2008-24TOWN OF TROPHY CLUB RESOLUTION NO. 2008 -24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 2008-21 ACCEPTING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED EMERGENCY SERVICES FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO.1 (THE HIGHLANDS AT TROPHY CLUB); SEn"ING A NEW DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 15, 2008, the Town Council adopted Resolution No. 2008-21 accepting a Service and Assessment Plan for Authorized Emergency Services for the Trophy Club Public Improvement District No.1 (The Highlands at Trophy Club), the boundaries of which are set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein, setting a date for a public hearing, authorizing the publication of notice and enacting other related provisions pursuant to the requirements of Chapter 372 of the Texas Local Government Code, the Public Improvement District Assessment Act (the "Act"); and WHEREAS, the Town did not have sufficient information to send out landowner notices prior to the hearing date established by Resolution No. 2008-21 and as required by the Act; and WHEREAS, the notice of public hearing was not properly published to meet the requirements of the Act; and WHEREAS, Town now has proper information to send landowner notice, has properly scheduled the publication of notice, and finds it necessary to amend Resolution No. 2008-21 with the passage of this Resolution to set a new date for public hearing and meet all requirements of the Act; and WHEREAS, the Town desires to amend Resolution No. 2008-21 as set forth herein, and all other findings and provisions of Resolution No. 2008-21 not in conflict with this Resolution remain in effect and unaltered by the passage of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY 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 5:30 p.m. on September 29, 2008 at the regular 1 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 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 invalidate 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 Bi 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. 2 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. PASSED AND APPROVED this 22nd day of September, 2008. Nick Sanders,. Mayor ATTEST: ~!J/2AL, Lisa Hennek, Town Secretary APPROVED AS TO FORM: ~J1~ Patricia A. Adams, Town Attorney 3 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. 4 I EXHIBIT B 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 29th day of September, 2008 at 5:30 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 $16,307.89. 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 16th day of September, 2008. lsI Lisa Hennek Town Secretary Town of Trophy Club, Texas 5 THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT No.1 (THE HIGHLANDS AT TROPHY CUJB) SERVICE AND ASSESSMENT PLAN AUTHORIZED SERVICES SEPTEMBER 4, 2008 6 Section I Section II Section III Section IV Section V Section VI Section VII Exhibit A Exhibit B THE TOWN OF TROPHY CLUB PuBLIC IMPROVEMENT DISTRICT No.1 (THE HIGHLANDS AT TROPHY CLUB) SERVICE A.ND ASSESSMENT PLAN AUTHORIZED SERVICES Table of Contents Plan Description and Defined Tenns Property Included in the PID Description of Authorized Services Service Plan Assessment Plan Assessment Roll Miscellaneous Provisions List of Exhibits The PIDMap Assessment Roll I 3 3 3 5 6 6 7 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." TIle 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 of the municipality or county shall prepare a proposed assessment roll. TIle roll must state the a<;sessment 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. Dertnitions 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. 8 "Annual Service Plan Update" has the meaning set forth in the first paragraph of Section IV of this Service and Assessment Plan. "Assessed PropeJ1y" 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 detennined 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 Ron" 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 PID Act. "Delinquent Collection Costs" mean interest, penalties and expenses incurred or imposed with respect to any delinquent Assessments in accordance with §372.0 I8(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. "PID" has the meaning set forth in Section LA ofthis Service and Assessment Plan. "PID· Act" means Texas Local Government Code Chapter 372, Improvement Districts III 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 9 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 ofthe property within the PID is shown on Exhibit A to this Service and Assessment Plan. l11e 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 prope.rty is located within Trophy Club Municipal District No. I (MUD I) 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 ofthe property within the PID. Section III 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 be 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 anlbulance 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 10 TIle 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 limitcd 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 Total Costs Services Costs 2008 $16,307.89 $0 $16,307.89 2009 $16,307.89 $0 $16,307.89 2010 $16,307.89 $0 $16,307.89 2011 $16,307.89 $0 $16,307.89 2012 $16,307.89 $0 $16,307.89 TIle 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 IV-B). Table IV-B Annual Projected Sources of Funds Year Assessments Annual Indebtedness and Other Funds Total Sources of Funds 2008 $16,307.89 $0 $16,307.89 2009 $16,307.89 $0 $16,307.89 2010 $16,307.89 $0 $16,307.89 2011 $16,307.89 $0 $16,307.89 2012 $16,307.89 $0 $16,307.89 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 offunds. 4 11 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. TIle 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. TIle Town Couneil 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 Benefited Property. The costs of the Authorized Services for the 2008-2009 fiscal year are estimated to be $16,307.89. TIle 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) $.11602 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 ex1enJ 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 12 reflect the current parcels in the PID, the assessed value for each Parcel, and the Assessment and Arumal Collection Costs due for that year. Section VIII 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 clarity ambiguities; and (iii) to provide procedures for the collection and enforcement of Assessments, Collection Costs, and other charges imposed by the Service and A'>sessment 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 If 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 provisions 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 ofthe City. 6 13 Exhibit A PIDMAP (To Be Provided Prior To Or On September 22,2008) 14 Exhibit B ASSESSMENT ROLL (To Be Provided Prior To Or On September 22,2008) 15