ORD 2020-15 PID Service & Assessment Plan TOWN OF TROPHY CLUB
ORDINANCE NO. 2020-15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS ACCEPTING AND APPROVING AN UPDATE OF THE
SERVICE AND ASSESSMENT PLAN AND AN UPDATED ASSESSMENT
ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1 ("PID") IN COMPLIANCE WITH CHAPTER 372
(AUTHORIZED IMPROVEMENT ASSESSMENT); MAKING AND
ADOPTING FINDINGS; PROVIDING FOR THE INCORPORATION OF
FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE
PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR PID
ATTACHED AS EXHIBIT "A" HERETO; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town of
Trophy Club, Texas (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 Public Improvement District Assessment Act,
Chapter 372, Texas Local Government Code, as amended (the "PID Act") and made the
findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08
adopted by a majority of the members of the Town Council, authorized the PID in
accordance with its finding as to the advisability of the public improvements and services;
and
WHEREAS, on November 5, 2007, after notice and a public hearing conducted in
the manner required by law, the Town Council adopted Ordinance No. 2007-29, which
was supplemented by Ordinance No. 2009-24 adopted by the Town Council on
September 28, 2009 (as supplemented, the "Assessment Ordinance"); and
WHEREAS, on December 13, 2007, the Town Council issued special assessment
revenue bonds secured by the assessments levied pursuant to the Assessment
Ordinance (the "2007 Bonds"); and
WHEREAS, on December 22, 2015, the Town Council issued special assessment
revenue refunding bonds (the "2015 Bonds"), to refund in full the 2007 Bonds, such 2015
Bonds being secured by the assessments levied pursuant to the Assessment Ordinance;
and
WHEREAS, Section 372.013 of the PID Act and the Service and Assessment Plan
require that the Service and Assessment Plan and Assessment Roll be annually reviewed
and updated; and
i
WHEREAS, pursuant to the issuance of the 2015 Bonds, the Service and
Assessment Plan should be updated to reflect the issuance of the 2015 Bonds; and
WHEREAS, the Annual Service Plan Update and updated Assessment Roll
attached as Exhibit "A" hereto conform the original Assessment Roll to the principal and
interest payment schedule required for the 2015 Bonds, thereby reducing the amounts
listed on the original Assessment Roll, and update the Assessment Roll to reflect
prepayments, property divisions and changes to the budget allocation for District public
improvements that occur during the year, if any; and
WHEREAS, the Town Council now desires to proceed with the adoption of this
Ordinance which supplements the Assessment Ordinance and approves and adopts the
Annual Service Plan Update and the Updated Assessment Roll attached thereto, in
conformity with the requirements of the PID Act, for the fiscal year beginning October 1,
2020, and ending September 30, 2021.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF FINDINGS
The findings and determinations set forth in the preambles above are incorporated
herein for all purposes and are hereby adopted.
SECTION 2.
ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL
The Annual Service Plan Update and Updated Assessment Roll attached hereto
as Exhibit "A" are hereby accepted and approved and compliance with the PID Act in
all matters is required.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim, or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of that Ordinance and for that purpose
the Ordinance shall remain in full force and effect.
ORD. 2020-15 Page 2 of 4
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SECTION 4.
SEVERABILITY
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance,
or the application of same to 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 Ordinance
or the application to other persons or sets of circumstances shall not be affected thereby,
it being the intent of the Town Council that no portion hereof, or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are
declared to be severable for thatpurpose.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as
required in the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect, and the levy of the Assessments, and the
provisions and terms of the Plan shall be and become effective on upon passage and
execution hereof in accordance with the law.
ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of
Jr members voting "for",`I&members voting "against", and with $
absentees on this 8th day of September2020.
OF TROpy
C. Nick Sanders, Mayor
p �c own of Trophy Club, Texas
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ATTEST: qRY A , AP ROV AS TO FORM:
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`.._L6tiNa Vacek, TRM C/MMC J. vi odd III, Town Attorney
Town Secretary T n of Trophy Club, Texas
ORD. 2020-15 Page 3 of 4
Exhibit "A"
Annual Service Plan Update and Updated Assessment Roll