HomeMy WebLinkAboutRES 101122-5.M - Use of Donated FundsRESOLUTION NO. I'O S l ZZ.— 5•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, ACKNOWLEDGING THE ACCEPTANCE OF DONATED FUNDS;
RESOLVING TO PUT SUCH FUNDS TO CERTAIN USES; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, by letter dated September 9, 2004, Jack and Camille Garey ("The Gareys")
advised the City of their decision to donate their 525-acre ranch and home, and to make a
$5,000,000 cash grant, on the following conditions:
• The property shall be used exclusively as a public park and recreational facility for the
benefit of all residents of the City of Georgetown and surrounding areas
■ The park shall be named and referred to as "Garey Park"
• The house located on the Property shall be named and referred to as "Garey House"
• The donors of the property will be properly recognized and acknowledged as being Alan
Jack Garey and Camille A. Garey; and
WHEREAS, between December 7, 2004 and December 16, 2013, the Gareys deeded
approximately 528 acres of land to be used by the City for a public park; and
WHEREAS, on May 23, 2006, the City approved the Garey Park Master Plan by City
Ordinance No. 2006-46; and
WHEREAS, in November 2008, City park bonds were approved by election, including
$10 million for the development of Garey Park; and
WHEREAS, the City held a ground -breaking ceremony on March 31, 2017 for the
construction of Garey Park;
WHEREAS, on June 9, 2018, the City held a grand opening celebration to open Garey Park
as a public park and recreational facility, which included Garey House; and
WHEREAS, on April 21, 2022, Jack Garey's Last Will and Testament ("Will"), dated April
22, 2021, was admitted to probate in County Court at Law Number Four of Williamson County,
Texas; and
WHEREAS, through the Will, Mr. Garey bequeathed up to One Million Dollars
($1,000,000) for the construction of the Memorial Pavilion at the site of the A.M. Brown Cabin in
Resolution No. 1 o 11 ZZ — 6." Page 1 of 3
Subject: Accepting Donations from Mr. Garey's Will
Date Approved ,, ��
Garey Park pursuant to specific requirements in the Will, provided that any sums not spent on
the Pavilion shall pass as part of Jack Garey's residual estate; and
WHEREAS, through the Will, Mr. Garey bequeathed his interest in all the artwork located
in Garey House to the City; and
WHEREAS, through the Will, Mr. Garey bequeathed the residuary estate to the Chisholm
Trail Community Foundation (the "Foundation") to be placed in a Donor Advised Fund entitled
"Garey Park Donor Advised Fund"; and
WHEREAS, the Will provided that the Garey Park Donor Advised Fund shall be paid out
to the City for capital improvements to Garey Park and must be placed in a separate, segregated
account audited by the Will's executor or the Foundation, provided that such funds shall be
expended within five (5) years of Mr. Garey's death (DOD 3/18/2022), which will be March 18,
2027; and
WHEREAS, the Will provided that capital improvements be implemented on the specific
projects listed in the following order: group camping cabins, amphitheater, clean-up second
growth cedar in pastures; and
WHEREAS, the City finds that accepting these donations pursuant to the requirements of
the Will shall benefit residents of the City and the surrounding area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS:
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 City hereby accepts the donations bequeathed pursuant to the Will,
resolves to put the donations to the required uses under the Will, and commits to adhere to the
provisions of the Will.
SECTION 3. The Mayor is hereby authorized to sign this Resolution and the City
Secretary to attest.
SECTION 4. This Resolution shall become effective and be in full force and effect upon
execution by the Mayor.
[signature page to follow]
Resolution No. Page 2 of 3
Subject: Accepting Donations from Mr. Garey's Will
Date Approved 'DtAbb9Z %1 11," Z
PASSED AND APPROVED on the )I'day of . 2022.
ATTEST: CITY O,Y PEORGETOWN, TEXAS
—4&4�t to,44�� By:
Robyn Densmore, City Secretary /Jos4 Schroeder,
APPROVED AS TO FORM:
P�1
Sky Masson, City Attorney
Resolution No. Page 3 of 3
Subject: Accepting Donalions from Mr. Garey's Will
Date Approved d64dz1\ &1- t h-m-L