RES 2012-22TOWN OF TROPHY CLUB
RESOLUTION NO. 2012-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ACCEPTING AN ANNUAL 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. 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
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 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 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
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 24th, 2012 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
RES 2012-22 Page 2 of6
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 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 and Mailing 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 at least eleven (11) days before
the date of the hearing. Further, the Town Council hereby directs Town Staff to give
Notice of Hearing by the mailing of a copy of the notice 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.
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.
RES 2012-22 Page 3 of6
Section 5. Filing of Plan 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 4TH day of September, 2012.
M6yor Connie White
Town of Trophy Club, Texas
ATTEST:
APPROVED AS TO FORM:
Patricia Adams, wn Attorney
Town of Trophy Club, Texas
RES 2012-22 Page 4 of6
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 24th day of September, 2012 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 $250,421.22.
The boundaries of the District are described as follows:
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.
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, 2012.
RES 2012-22
lsI Shannon DePrater
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
Page 50f6
EXHIBIT "B"
ANNUAL SERVICE AND ASSESSMENT PLAN UPDATE FOR AUTHORIZED
SERVICES FOR THE DISTRICT
RES 2012-22 Page 6 of6