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HomeMy WebLinkAboutRES 112321-V - GVPID Advisory BylawsRESOLUTION NO. I I Z37-1 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE ATTACHED BYLAWS AS AMENDED FOR THE GEORGETOWN VILLAGE PUBLIC IMPROVEMENT DISTRICT NO. 1 ADVISORY BOARD; PROVIDING A CONFLICT CLAUSE AND SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on September 15, 1998, a petition was filed for the creation of the Georgetown Village Public Improvement District No. 1 (GVPID) for the purpose of providing a mechanism to perpetually maintain certain common improvements and amenities through assessments, and said petition contemplated the management of the district by a board of seven (7) members and WHEREAS, by Resolution No. 990223-N the City Council granted the Petition for the GVPID and convened an advisory board consisting of five (5) members to assist in the evaluation of the proposed GVPID; and, WHEREAS, by Resolution No. 012610-J the City Council authorized the developer representatives to serve on the GVPID Advisory Board; and, WHEREAS, Section 2.115.030 of the Code of Ordinances regarding certain advisory boards and commissions GVPID Advisory Board has been amended to update members and terms; and, NOW THEREFORE BE IT RESOLVED: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The following Bylaws, attached to this Resolution, are approved and adopted: Exhibit A — "Georgetown Village Public Improvement District No. 1 Advisory Board" SECTION 3. If any provision of this Resolution or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or Amending GVPID Advisory Boa d Bylaws Page 1 of 2 Resolution No. � { 232 1 -� Date: _ h L I S5 1 7-v% application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. SECTION 4. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. SECTION 5. This Resolution shall be effective on December 1, 2021. ot PASSED AND APPROVED on the day of November, 2021. CITY OF GEORGETOWN, TEXAS ATTEST: By: � Robyn Densmore, City Secretary APPROVED AS TO FORM: Skye asso , City Attomey Amending GVP1D Advisory Board Bylaws Page 2 of 2 Resolution No. Date: CITY OF GEORGETOWN GEORGETOWN VILLAGE PUBLIC IMPROVEMENT DISTRICT NO. 1 ADVISORY BOARD BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Georgetown Village Public Improvement District No. 1 Advisory Board (" Advisory Board"). Section 1.2. Purpose. The Advisory Board is established for the purpose of providing recommendations on the ongoing Service Plan and Assessment Plan, consistent with Chapter 372 of the Texas Local Government Code, to the City Council for those public improvements within the Georgetown Village Public Improvement District No. 1 ("District") identified in the approved Assessment Plan, as amended. The Service Plan shall be for five (5) years, and shall be reviewed and updated annually. The Assessment Plan shall be included in the annual review of the Service Plan. The Advisory Board is also responsible for providing recommendations on the annual budget for the construction and maintenance of the assessed public improvements within the District to the City Council. See Code of Ordinances Chapter 2.115. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Advisory Board will be comprised of seven (7) Members, and up to two (2) alternates. Section 2.2. Eligibility. Seven (7) of the members shall be resident homeowners in the Georgetown Village subdivision ("GV Members"). Whenever possible, each GV Member shall represent a different section within the Georgetown Village subdivision. Alternate Members shall be resident homeowners in the Georgetown Village subdivision. Members may also serve as members on other City Council appointed Advisory Boards, committees or commissions. Section 2.3. Appointment of Advisory Board Members. Members of the Advisory Board, to include alternates, shall be appointed by the Mayor and confirmed by City Council in accordance with the City Charter. Alternate Members shall serve as alternates with voting privileges for any absent GV Member in the event any of the seven board members are not present for any reason. Each individual appointed as an Alternate Member shall be appointed as either Alternate Member 1 or Alternate Member 2, and each shall rotate as the Alternate Member serving as a GV Member when needed. Section 2.4. Terms of Office. The terms of office for each member shall be two (2) years. A GV Member may serve two (2) consecutive terms. After serving a maximum consecutive four-year period, and after a period of two (2) years has elapsed since the end of the GV Member's last term, the GV Member may reapply and be appointed to serve for an additional term in accordance with this section.. Alternate Members shall be eligible to be appointed to the position of GV Member upon the expiration of the term of a GV Member. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Georgetown Village Public Improvement District 1 Advisory Board Bylaws Issued November 23, 2021 Page 1 of 5 Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. An Alternate Member may serve as a GV Member representing the same homeowner group, if available, until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Advisory Board and its members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Section 2.7. Compliance with City Policy. Members shall comply with City Ordinances, Rules and Policies applicable to the Advisory Board and the members, including but not limited to Code of Ordinances Chapter 2.20, Ethics, and Chapter 2.36, City Commissions, Committees and Advisory Boards. Section 2.8. Removal. Any member may be removed from their position on the Advisory Board for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. ADVISORY BOARD OFFICERS Section 3.1.Officers. The Advisory Board Officers are Chair, Vice -Chair and Secretary. Section 3.2. Election of Officers. The Chair of the Board is appointed by the City Council. All other officers shall be elected by a majority vote of the Advisory Board at its first meeting after the annual appointment process. Section 3.3. Terms of Office for Advisory Board Officers. Advisory Board Officers serve for a term of one year. In the event of vacancy in the office of Chair, the Vice -Chair shall serve as Chair until the City Council appoints a replacement Chair. A vacancy in the other offices shall be elected by majority vote of the Advisory Board at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, an Advisory Board Officer shall continue to serve until the vacancy is filled. Alternates may not serve as Officers. Section 3.4. Duties. The Chair presides at all meetings and performs all other duties pertaining to the office, including voting. The Vice -Chair in the absence of the Chair performs all duties of the Chair. The Secretary keeps records of proceedings of all meetings. Staff Liaison will keep custody of all records and documents of the Advisory Board. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Advisory Board shall meet as needed on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Advisory Board meeting will be decided by the members at the first meeting of the Advisory Board after the annual appointment process. Section 4.2. Agenda. Items may be placed on the agenda by the Chair, the City Manager or designee, or at the request of a member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Advisory Board meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Georgetown Village Public Improvement District 1 Advisory Board Bylaws Issued November 23, 2021 Page 2 of 5 members in advance of the scheduled Advisory Board meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chair or two of the members. Section 4.4. Quorum. A quorum shall consist of four ( 4) members and shall be required for the Advisory Board to convene a meeting and to conduct business at a meeting. No business meeting may be convened, nor business conducted, without a quorum. Section 4.5. Call to Order. Advisory Board meetings will be called to order by the Chair or, if absent, by the Vice -Chair. In the absence of both the Chair and Vice -Chair, the meeting shall be called to order by the Secretary, and a temporary Chair shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Advisory Board meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Advisory Board. See Code of Ordinances Chapter 2.24, City Council Meeting Rules and Procedures. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances, the member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The member may remain at the dais or leave the dais, at the member's option, while the matter is being considered and voted on by the other Advisory Board members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Advisory Board members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Advisory Board meetings. The Staff Liaison is the custodian of all Advisory Board records and documents. Section 4.9. Attendance. Members are required to attend Advisory Board meetings prepared to discuss the issues on the agenda. A member shall notify the Staff Liaison if the member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the member being replaced on the Advisory Board. See Ordinance Section 2.36 010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Advisory Board meetings and Subcommittee meetings. If a member is removed from the Advisory Board that position shall be considered vacant and a new member shall be appointed to the Advisory Board in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Advisory Board meetings and to speak on any item on the agenda. A person wishing to address the Advisory Board must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chair prior to the start of the meeting. If any written materials are to be provided to the Advisory Board, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include Georgetown Village Public Improvement District 1 Advisory Board Bylaws Issued November 23, 2021 Page 3 of 5 sufficient information to inform the Advisory Board and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Advisory Board meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Advisory Board meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Advisory Board may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Advisory Board meetings. ARTICLE V. REPORTS TO CITY COUNCIL At the request of the City Council, the Advisory Board shall meet with City Council to determine how the Advisory Board may best serve and assist City Council. City Council may hear reports from the Advisory Board during a regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Advisory Board, Subcommittees may be formed for specific projects related to Advisory Board matters. Subcommittees comprised of non - Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Advisory Board. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Advisory Board Members at any regular meeting of the Advisory Board. The Advisory Board's proposed amendments to the Bylaws must be approved by City Council at the next available Council meeting after the Advisory Board's approval, pending notice. Bylaw amendments are not effective until approved by City Council. Georgetown Village Public Improvement District 1 Advisory Board Bylaws Issued November 23, 2021 Page 4 of 5 Approved and adopted at a meeting of the City Council on the 23`d day of November, 2021, ATTEST: T ITY OF GEORGETOWN: City Secretary tMajor - Approved and adopted at a meeting of the Advisory Board on the 8' day of November, 2021. ATTEST: Advisory Board Secretary ADVISORY BOARD Advisory Board Chair Georgetown Village Public Improvement District 1 Advisory Board Bylaws Issued November 23, 2021 Page 5 of 5