Loading...
RES 2007-10TOWN OF TROPHY CLUB RESOLUTION NO. 2007 -1 0 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS DETERMINING THE TOTAL COST OF THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB) IMPROVEMENTS AS IDENTIFIED IN EXHIBIT "A", LIST OF PUBLIC IMPROVEMENTS; PREPARING A PROPOSED ASSESSMENT ROLL; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLL WITH THE TOWN SECRETARY; CALLING A PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS; DIRECTING THE TOWN STAFF TO PUBLISH NOTICE OF THE PUBLIC HEARING; DIRECTING TOWN STAFF TO MAIL NOTICE OF THE PUBLIC HEARING TO PROPERTY OWNERS; PROVIDING AN EFFECTIVE DATE AND RESERVING THE RIGHT OF RESCISSION BY THE TOWN. WHEREAS, on May 7, 2007, the governing body (the "Town Council") of the Town of Trophy Club, Texas (the "Town") conducted a public hearing to consider the "Petition Requesting the Establishment of the Town of Trophy Club Public Improvement District No. 1 l1 (as subsequently authorized by resolution, the "District"); and WHEREAS, the Town, by Resolution No. 2007-08 (the "Authorization Resolution"), authorized and created the District and authorized certain categories of public improvement projects that are authorized by Chapter 372, Texas Local Government Code (the "Act") including, but not limited to, landscaping, entryway features, a development signature monument, water, wastewater, roadway, or drainage system improvements, trails, parks and open space, as identified in Exhibit "A, List of Public Improvements, a copy of which is attached hereto and incorporated herein, and special supplemental services (such as emergency services and the operation and maintenance of the public improvement projects) (collectively, the "Authorized Improvements"); and WHEREAS, the Authorization Resolution includes findings by the Town Council as required by the Act, including a finding as to the proposed method of assessment chosen by the Town; and WHEREAS, the Act requires that the Town Council determine the total cost of the Authorized Improvements; and WHEREAS, after the total cost of the Authorized Improvements has been determined, the Act requires the Town Council to prepare a proposed assessment roll (the "Proposed Assessment Roll"); and WHEREAS, the Act requires that the Proposed Assessment Roll state the assessment against each parcel of land in the District as determined by the method of assessment chosen by the Town; and WHEREAS, the Act requires that the Proposed Assessment Roll be filed with the Town Secretary of the Town (the "Town Secretary") and be subject to public inspection; and WHEREAS, the Act requires that a public hearing (the "Assessment Hearing") be called to consider proposed assessments and at, or on the adjournment of, the Assessment Hearing, to hear and pass on any objections to proposed assessments; and WHEREAS, the Act requires that notice of the Assessment Hearing be published and mailed to property owners. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AS FOLLOWS: SECTION I. THAT the recitals set forth in this Resolution are true and correct and are hereby adopted as findings of the Town Council. SECTION 2. THAT subject to the other provisions of this Resolution and based upon the proposed projects and associated costs listed in Exhibit "A, the Town Council hereby determines that the total cost of the Authorized Improvements is $29,031,816.00, plus the annual costs of certain supplemental services, which for calendar year 2007 will be an amount determined and approved at a later date. SECTION 3. THAT the Town Council's final determination and approval of the costs of the Authorized Improvements and any portion thereof, shall each be subject to and contingent upon Town Council approval of the Service and Assessment Plan and Assessment Roll, after notice and hearing, and based upon Town Council's exercise of due diligence. SECTION 4. THAT the Town Council shall prepare the Proposed Assessment Roll stating the assessment against each parcel of land in the District as determined by the method of assessment chosen by the Town in the Authorization Resolution. SECTlON5. THAT the Town Council shall file the Proposed Assessment Roll with the Town Secretary, which Proposed Assessment Roll shall be available for public inspection. SECTION 6. THAT the Town Council hereby authorizes and calls a public hearing to be held on June 18, 2007 (in compliance with Section 372.016 of the Act) at, or upon the adjournment of, which public hearing the Town Council shall, among other actions, hear and pass on any objections to the proposed assessments; and, upon the adjournment of which public hearing, the Town Council by ordinance or order shall levy the assessments as special assessments on property within the District (which ordinance or order shall specify the method of payment of the assessments). SECTION 7. THAT, when the Proposed Assessment Roll is filed with the Town Secretary, the Town Council hereby directs Town staff to publish notice of the public hearing (in compliance with Section 372.016 of the Act) in the Trophy Club Times before the 10th day before June 18, 2007. SECTION 8. THAT, when the Proposed Assessment Roll is filed with the Town Secretary, the Town Council hereby directs Town staff to mail to owners of property liable for assessment notice of the public hearing (in compliance with Section 372.016 of the Act). SECTION 9. THAT Town Staff is directed to take such other actions as are required (including, but not limited to, notice of the public hearing as required by the Texas Open Meetings Act) to place the public hearing on the agenda for the June 18, 2007 meeting of the Town Council. SECTION 10. THAT this Resolution shall take effect immediately on the date it is passed and approved by the Town Council; however, this Resolution is subject to rescission by the Town Council at any time prior to the approval of the service and assessment plan and/or the assessment roll. SECTION 11. THAT the Town has within its legislative authority the right to rescind this Resolution based upon future review of information related to the Authorized Improvements, and that no liability shall result for the Town in its exercise of such legislative authority and for which the Town shall bear no costs of any kind or nature. PASSED AND APPROVED on this the 21" day of May, 2007. ATTEST: THE TOWN OF TROPHY CLUB, TEXAS APPROVED AS TO FORM: EXHIBIT A List of Improvements THOROUGHFARE 1. IMPROVEMENTS MARSHALL CREEK ROAD WEST IMPROVEMENTS LAND ACQUISITION (APPROX. 2.612 ACRES) PROJEC' COST SUB - TOTAL MARSHALL CREEK RD WEST IMPROVEMENTS: $930,729 TROPHY CLUB DRIVE - SOUTH OF MARSHALL CREEK WEST IMPROVEMENTS $1,295,71 E LAND ACQUISITION (APPROX. 6.71 1 ACRES) TROPHY CLUB DRIVE IMPROVEMENTS SUB - TOTAL TROPHY CLUB DRIVE SOUTH IMPROVEMENTS: $1,784,287 LAND ACQUISITION (APPROX. 12.873 ACRES) MARSHALL CREEK EAST IMPROVEMENTS LAND ACQUISITION (APPROX. 4.060 ACRES) INTERSECTION IMPROVEMENTS SUB - TOTAL TROPHY CLUB DRIVE IMPROVEMENTS: $2,839,896 SUB - TOTAL MARSHALL CREEKRDEAST IMPROVEMENTS: $1,250,587 SUB - TOTAL THOROUGHFARE IMPROVEMENTS: $7,221,409 2. WATER DISTRIBUTION SYSTEM 12"/16" WATER LINE LOOP $91 6,70C 12" WATER LlNE - ALONG MC ROAD WEST AND NORTH TO ELEV. TANK SITE $222,50C 12" WATER LINE - SCHOOL SITE OVER-SIZING PARTICIPATION $71,20C ELEVATED WATER TANK (0.5MG TANK) SUB - TOTAL WATER DISTRIBUTION SYSTEM: $2,170,400 WASTEWATER COLLECTION 3. SYSTEM SANITARY SEWER LlNE WITHIN TROPHY CLUB DRIVE SEWER LlNE TO EXISTING SYSTEM SUB - TOTAL WASTEWATER COLLECTION SYSTEM: $835,200 4. THOROUGHFARE LANDSCAPING TROPHY CLUB DRIVE STREETSCAPE AND MEDIAN LANDSCAPING $773,423 TROPHY CLUB DRIVE SIDEWALK $336,271 TROPHY CLUB DRIVE IRRIGATION IRRIGATION WELLS $420,338 IRRIGATION PONDS $428,745 TROPHY CLUB DRIVE DECORATIVE MASONRY SCREENING WALL $400,00C MARSHALL CREEK ROAD EAST THIN SCREENING WALL DEVELOPMENT SIGNATURE MONUMENT (TOWER) NEIGHBORHOOD ENTRY FEATURES (10 ENTRIES) SUB - TOTAL THOROUGHFARE LANDSCAPING: $2,888,857 TRAIL SYSTEM AND OPEN 5. SPACE TRAIL SYSTEM $607,835 FLOWAGE EASEMENT LAND ACQUISITION (APPROX. 100.908 ACRES) $479,182 SUB - TOTAL TRAIL IMPROVEMENTS AND OPEN SPACE: $1,087,018 PUBLIC 6. PARKS NORTHWEST PARK IMPROVEMENTS NORTHWEST PARK LAND ACQUISITION (APPROX. 12.900 ACRES) $1,044,716 NORTHEAST PARK IMPROVEMENTS NORTHEAST PARK LAND ACQUISITION (APPROX. 16.1 00 ACRES) $759,793 PARK DRAINAGE 7. IMPROVEMENTS SUB -TOTAL PUBLIC PARKS: $4,155,122 CONSTRUCTION ADMINISTRATION I 8. MANAGEMENT 9. CONTINGENCY $1,371,371 $1,842,899 COMPREHENSIVE TOTAL: $22,598,000 EXHIBIT A List of Other Costs List of Other Costs Cost Amount Debt Service Reserve Fund $2,119,354.00 Capitalized Interest $2,525,805.00 Bond Counsel (V&E) $435,484.00 Underwriters Counsel (Fullbright) $290,322.00 Developers Financial Advisor (First SW) $290,322.00 City Financial Advisor (SW Securities) $290,322.00 Underwriters Fee (Banc of America) $580,645.00 Interest From Development Fund ($301,663.00) Developers Counsel (HugheslLuce) $145,161 .OO Municap $58,064.00 Total Other Costs $6,433,816.00 Authorized Improvement Costs Other Costs Total Costs of Authorized Improvements & Other Costs $29,031,816.00