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Agenda Packet TC 11/30/2007 - Special SessionTown of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Friday, November 30, 2007 5:00 P.M. A.1 Call to order and announce a quorum. A.2 Discuss and take appropriate action regarding a Resolution concerning the amendment of the Service and Assessment Plan for The Town of Trophy Club Public Improvement District No. 1 adopted by Ordinance 2007-29 ; setting a date for a public hearing; authorizing the publication of notice; and enacting other provisions relating thereto A.3 Adjourn. 2 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-30-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-30-2007 Subject: Agenda Item No.A.2 Discuss and take appropriate action regarding a Resolution concerning the amendment of the Service and Assessment Plan for The Town of Trophy Club Public Improvement District No. 1 adopted by Ordinance 2007-29 ; setting a date for a public hearing; authorizing the publication of notice; and enacting other provisions relating thereto Attachments: 1. Resolution 4 TOWN OF TROPHY CLUB RESOLUTION NO. 2007- ___ A RESOLUTION CONCERNING THE AMENDMENT OF THE SERVICE AND ASSESSMENT PLAN FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 ADOPTED BY ORDINANCE 2007-29; SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; AND ENACTING OTHER PROVISIONS RELATING THERETO 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 and, by Resolution No. 2007-08, adopted by a majority of the members of the Town Council, authorized the Town of Trophy Club Public Improvement District No. 1 (the “District”) for the purpose of making certain public improvements within the District, such improvements to be paid for by the levy of assessments on property within the District; and WHEREAS, pursuant to Sections 372.013 and 372.014 of the Texas Local Government Code Chapter 372, as amended, (“PID Act”), the Town Council directed the preparation of a Service and Assessment Plan for the District (the “Plan”) and an Assessment Roll (the “Assessment Roll”) stating the assessment against each parcel of land in the District, and such Plan and Assessment Roll met all requirements of the PID Act; and WHEREAS, the Town called 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 published 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 by Ordinance No. 2007-29 adopted and approved the Plan and Assessment Roll and levied assessments against property in the District; and WHEREAS, the Town now wishes to amend Ordinance No. 2007-29 by the amendment of the Plan, more particularly to make modifications and revisions, including, but not limited to: (a) the list of park improvements in Section III of the Plan, to be undertaken within the District; (b) the maximum rate of interest borne by the Assessments in Section VI of the Plan; (c) the Annual Installments listed on the Assessment Roll attached to the Plan as Exhibit D; and (d) the improvement projects and PID Costs in Section III, Section IV, Exhibit B-1 and Exhibit B-2 of the Plan and generally described throughout the Plan. 5 WHEREAS, pursuant to the PID Act, the Town now wishes to call a public hearing on the amendment to the Plan and direct that notice be given of the amendment to the Plan; 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. All terms not otherwise defined herein shall have the meaning set forth in the Service and Assessment Plan. Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the “Public Hearing”) for 7:00 p.m. on December 13, 2007 at the Trophy Club Public Service Conference Room, 100 Municipal Drive, Trophy Club, Texas, to consider amending the Plan. 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 amendments to the Plan and offer testimony pertinent to any issue presented on the Plan amendments. 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. 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 amendments to the Plan. Section 5. Filing of Plan and Assessment Roll. The amended Plan and the proposed 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. 6 PASSED AND APPROVED this _____ day of ____________, 2007. _____________________________________ C. Nick Sanders, Mayor ATTEST: ________________________________ Lisa Ramsey, Town Secretary APPROVED AS TO FORM: ________________________________ Patricia Adams, Town Attorney 7 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 13th day of December, 2007 at 7:00 p.m. Trophy Club Public Service Conference Room at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed amendments to the Service and Assessment Plan for 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 within the District include, but are not limited to, landscaping, entryway features, a development signature monument, water, wastewater, roadway or drainage system improvements, trails, parks and open space. The total cost of the public improvements is approximately $30,000,000. The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. The amendments to the Service and Assessment Plan for the District include, but are not limited, to the following: • Modifications and revisions to the list of park improvements in Section III of the Plan, to be undertaken within the District; • Modifications and revisions to the maximum rate of interest borne by the Assessments in Section VI of the Plan; • Modifications and revisions to the Annual Installments listed on the Assessment Roll attached to the Plan as Exhibit D; and • Modification and revisions to the improvement projects and PID Costs listed in Section III, Section IV, Exhibit B-1 and Exhibit B-2 of the Plan and generally described throughout the Plan; All written or oral objections will be considered at the public hearing. A copy of the proposed Service and Assessment Plan and the proposed Assessment Roll, which includes the assessments that have been 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 30th day of November 2007. 8 /s/ Lisa Ramsey ________________________ Town Secretary Town of Trophy Club, Texas 9 EXHIBIT A BOUNDARIES 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. For more information call (682) 831-4600. 10 EXHIBIT B AMENDED SERVICE AND ASSESSMENT PLAN 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-30-2007 Subject: Agenda Item No.A.3 Adjourn.