RES 2010-20RESOLUTION NO. 2010-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT PLAN UPDATE
FOR AUTHORIZED SERVICES FOR THE TOWN OF TROPHY CLUB PUBLIC
IMPROVEMENT DISTRICT NO.1 (THE HIGHLANDS AT TROPHY CLUB);
SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE
PUBLICATION OF NOTICE AND DIRECTING THE MAILING OF NOTICES AS
REQUIRED BY LAW; 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. 372005 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
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 Update for Authorized Services
for the District (the "Plan "), such Plan is attached hereto as Exhibit S , 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 Update 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
Resolution 2010-20
(File 10 2010-483)
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 Annual Service Plan Update 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, 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 7:00 p.m on September 27th, 2010 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
Updated 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
Updated 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 Updated 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 A; such publication to occur before the 10th day before the date
of the hearing.
Resolution 2010-20
(File ID 2010-483)
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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
Update 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 .
PASSED AND APPROVED this 13TH day of September, 2010.
i6iayor Connie White
Town of Trophy Club, Texas
'/(}wnecretary
Town of Trophy Club , Texas
APPROVED AS TO FORM
~t.ltLlC .~
Town Attorney
Town of Trophy Club, Texas
Resolution 2010-20
(File 10 2010-483)
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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 27th day of September, 2010 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, for the purpose of providing emergency services.
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 $113,605.
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 __ day of
September , 2010.
lsI Lisa Hennek
Town Secretary
Town of Trophy Club, Texas
Resolution 2010-20
(File ID 2010-483)
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EXHIBIT "A-1" TO 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.
Resolution 2010-20
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EXHIBIT"B"
SERVICE AND ASSESSMENT PLAN UPDATE FOR AUTHORIZED SERVICES FOR THE
DISTRICT
Resolution 2010-20
(File 10 2010-483)
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