RES 2007-19TOWN OF TROPHY CLUB
RESOLUTION NO. 2007- /+
A RESOLUTION ACCEPTING A SERVICE AND ASSESSMENT PLAN
FORAUTHORIZED SERVICES FOR THE TOWN OF TROPHY CLUB
PUBLIC IMPROVEMENT DISTRICT NO. 1; SETTING A DATE FOR A
PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE;
AND ENACTING OTHER PROVISIONS RELATING THERETO
WHEREAS, on March 16, 2007, the Town received a petition meeting the
requirements of Sec. 372.005 of the Public lmprovement 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.
I (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 lmprovement 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 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 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 Plan 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 I. Findinqs. The findings and determinations set forth in the
preambles hereto are hereby incorporated by reference for all purposes.
Section 2. Callinq Public Hearing. The Town Council hereby calls a public
hearing (the "Public Hearing") for 7:00 p.m. on September 24, 2007 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 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 Plan and Assessment Roll;
and (ii) specify the method of payment of the assessment. 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 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 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, and
(ii) specify the method of payment of the assessment.
Section 5. Filinq 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.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 1 Olh day of September, 2007.
ewS//
Nick Sanders. Mavor
Town of ~ro~h~ ~iub, Texas
ATTEST:
/'
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town of Trophy Club, Texas
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, 2007
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. I (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 $13,000.
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 10th day
of September, 2007.
Is1 Lisa Ramsey
Town Secretary
Town of Trophy Club, Texas
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 available for inspection at Town Hall, 100 Municipal
Drive, Trophy Club, Texas 76262. For more information call (682) 831-4600.
EXHIBIT B
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES