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RES 2010-19TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-19 A RESOLUTION ACCEPTING A PROPOSED ANNUAL SERVICE PLAN UPDATE AND AMENDMENTS TO THE 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 WHEREAS , on May 7 , 2007 , after due notice and a public hearing in the manner required by law, the Town Council of the Town of Trophy Club, Texas (the "Town Council ") by Resolution No. 2007-08 authorized the creation of Public Improvement District No.1 (the "PIO"); 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 (the "Assessment Ordinance") approving a Service and Assessment Plan and Assessment Roll and the levy of assessments on property in the PIO; and WHEREAS, Section 372.013 of the Public Improvement District Assessment Act , Chapter 372 , Texas Local Government Code, as amended (the "PIO Act") and the Service and Assessment Plan require that the Service and Assessment Plan and Assessment Roll be annually reviewed and updated ; and WHEREAS , according to the owner of the property within the portion of the PIO known as The Highlands at Trophy Club Neighborhood 8 ("Neighborhood 8"), there has been a change in the types of homes to be developed in Neighborhood 8 from townhomes to detached single family homes of a minimum lot size of 5,250 square feet; and WHEREAS , in light of such change in the development plans for Neighborhood 8 , the Town Council is considering amendments to the Service and Assessment Plan that relate to the assessments to be allocated and apportioned to lots within the PIO that range from 5,250 to 7,200 square feet (the "New Lot Size "); and WHEREAS, the Town Council has determined, in connection with.the review and approval of the Annual Service Plan Update and as permitted by Section 372 .015 of the PIO Act , to consider amending and updating the Service and Assessment Plan and Assessment Roll for the PIO to apportion assessments to lots of the New Lot Size that reflect the special benefits accruing to lots of the New Lot Size from the public improvements ; and WHEREAS , the proposed Annual Service Plan Update and Amendments to the Service and Assessment Plan and the updated Assessment Roll, attached as Exhibit A hereto, conform the original Assessment Roll to the principal and interest payment schedule required for the bonds issued to finance the PIO public improvements and secured by assessments on property within the PIO, thereby reducing the amounts listed on the original Assessment Roll, and update the Assessment Roll to reflect (i) the apportionment of the assessments to the New Lot Size and (ii) prepayments, property divisions and changes to the budget allocation for PIO public improvements that occur during the year , if any; and WHEREAS, the Town Council has determined to call a public hearing regarding the amendment of the Service and Assessment Plan to apportion and allocate the assessments to the New Lot Size as reflected in Exhibit A hereto and pursuant to Section 372 .016 of the PIO Act ; and WHEREAS , the Town Council desires to authorize that notice of such public hearing be mailed and published pursuant to Section 372 .016 of the PIO Act in order to provide notice to all interested Resolution 2010-19 (File 10 2010-483) parties of the Town Council's proposed apportionment and allocation of assessments to lots of the New Lot Size ; and WHEREAS , the Town Council desires to file the Annual Service Plan Update and Amendments to the Service and Assessment Plan and updated Assessment Roll with the Town Secretary such that they are available for public inspection pursuant to Section 372.016 of the PIO Act. 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 . Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the "Public Hearing") for 7 :00 p .m . on September 27, 2010 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 Annual Service Plan Update and Amendments to the Service and Assessment Plan, with such changes and amendments as the Town Council deems necessary, and the updated Assessment Roll for the PIO with such amendments to the assessments on any parcel as the Town Council deems necessary. Notice of the hearing setting out the matters required by Section 372 .016 of the PIO 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. At least eleven (11) days prior to the hearing , notice of such hearing containing the information required by Section 372 .016(b) of the Act shall also be given by mail to those parties required to be mailed such notice . All residents and property owners within the PIO , and all other persons, are hereby invited to appear in person , or by their attorney , and contend for or contest the Annual Service Plan Update and Amendments to the Service and Assessment Plan and the updated Assessment Roll, and the proposed apportionment of the assessments to the New Lot Size 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 , the Town Council must hear and pass on any objection . 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 publication of a notice of the Public Hearing , such publication to occur before the 10th day before the date of the Public 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 consideration of the Annual Service Plan Update and Amendments to the Service and Assessment Plan and the updated Assessment Roll of the PIO and the proposed apportionment of assessments to lots within the PIO of the New Lot Size . At such public hearing, the Town Council will hear and pass on any objections to the Annual Service Plan Update and Amendments to the Service and Assessment Plan and the updated Assessment Roll (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 approve and adopt the Annual Service Plan Update and Amendments to the Service and Assessment Plan and the updated Assessment Roll. Section 5. Filing of Plan . The Annual Service Plan Update and Amendments to the Service and Assessment Plan and the updated 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 . [The remainder of this page is intentionally left blank] Resolution 2010-19 (File 102010-483) 2 PASSED AND APPROVED this 13 day of September, 2010. /Mayor Connie White Town of Trophy Club, Texas J:;T I Cv,-1J t)"kTOWfIsecJ~ Town of Trophy Club, Texas APPROVED AS TO FORM: ~Ll~nwl Town Attorney Town of Trophy Club, Texas Slgl1(Jl7lr1! Page TOII'I? oj Trophy C/llb TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING FOR PUBLIC IMPROVEMENT DISTRICT NO.1 NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 27th day of September, 2010 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 amendments to the Service and Assessment Plan that provided for the levy of assessments 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. Such amendments relate to the assessments to be allocated and apportioned to lots within the District ranging from 5,250 to 7,200 square feet. The general nature of the improvements for 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 as follows : 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 . All written or oral objections will be considered at the public hearing. A copy of the proposed Annual Service Plan Update and Amendments to the Service and Assessment Plan, which includes the proposed amendments and the proposed updated Assessment Roll for 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 . Resolution 2010-19 (File ID 2010-483) EXHIBIT A ANNUAL SERVICE PLAN UPDATE AND AMENDMENTS TO THE SERVICE AND ASSESSMENT PLAN Resolution 2010-19 (File 10 2010-483) 2