Loading...
RES 2007-22TOWN OF TROPHY CLUB RESOLUTION NO. 2007-22 A RESOLUTION ACCEPTING A SERVICE AND ASSESSMENT PLAN 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; 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. 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 public improvements 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 the 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 the District (the "Plan"), such Plan attached hereto as Exhibit B, covers a period of at least five years and defines the annual indebtedness and the projected costs of the public improvements (as identified in the Plan); and WHEREAS, the Plan also includes an assessment plan that apportions the cost of the public improvements, identified in the Plan, 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 public improvements; and WHEREAS, after determining the total cost of the public improvements, the Town Council also 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 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 372.01 6 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 372.01 6 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 372.01 6 of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. Findinas. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Callinq Public Hearinq. The Town Council hereby calls a public hearing (the "Public Hearing") for 7:00 p.m. on November 5, 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 for the District 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 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 (1 1) 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 herebv directs Town Staff to cause the publication of notice of the Public Hearinq substantially in the form attached as Exhibit A; such publication to occur before the 10th day before the date of the hearinu. 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 of the District 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 proposed 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. Section 5. Filinu of Plan and Assessment Roll. The 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. PASSED AND APPROVED this 15" day of October, 2007. c--- ATTEST: 5' - )'JP no /hy, fisa Rarnsey, Town Secretary cg?!zT5-Jv- Nick Sanders, Mayor APPROVED AS TO FORM & LEGALITY: 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 5'h day of November, 2007 at 7:00 p.m. at the Svore Municipal Building at I00 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 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. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan and the 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 15th day of October 2007. IS/ 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 and such description is 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