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HomeMy WebLinkAboutAgenda_GVPID_10.11.2021Notice of Meeting for the Georgetown Village P ublic I mprov ement District of the City of Georgetown October 11, 2021 at 6:00 P M at P ublic Safety Operations & Training Center, 3500 D.B . Wood Road, Georgetown, T X. 7862 T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. Regular Session (T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode 551.) A C all to O rder B P ledge of Allegianc e - Marlene Mc Michael, C hair C P ublic Wishing to Address the Board On a subject not posted on the agenda: P ers ons may add an item to a future R egular sc heduled Board agenda by filing a written reques t with the S taff Liaison no later than one week prior to the Board meeting. T he reques t must include the s peaker ’s name and the s pecific topic to be addressed with sufficient information to inform the board and the public. Only those persons who have submitted a timely request will be allowed to speak. F or Board Liais on contac t information, please logon to http://georgetown.org/boards commissions / At the time of posting, no persons had signed up to address the Board. D G eorgetown Village P ublic Improvement Dis tric t (G VP I D) monthly financial report for the month of S eptember, 2021 - Nathan P arras, As s is tant F inance Director E Update and disc ussion on park related items including lands cape maintenance contrac t. – Jamie Beran, P arks S uperintendent F Disc ussion related to the landsc ape improvement projec t for S hell R oad landsc ape sc reening, entry monument landsc aping, and Bellaire s treet trees . – Jamie Beran, P arks S uperintendent G Update on the "s treet trees " in the right of way (R O W ) within G eorgetown Village P I D. - Eric Johnson, P ublic Works Direc tor L egislativ e Regular Agenda H C ons ideration and possible action to approve the Minutes for the R egular Board Meeting July 12, 2021 - C indy Medrano, Board Liais on I C ons ideration and possible action to recommend that C ity C ouncil conditionally acc ept the donation of 1) one lands caping lot and one drainage lot within G eorgetown Village S ec tion Nine, P hases 9 & 10, and one Page 1 of 53 drainage lot within G eorgetown Village P lanned Unit Development S ection Nine, P has e Eight, each from BB & C B Investments , LLC , and 2) approximately 0.03 ac re of land within the William R oberts S urvey, Abstract Number 524, from G reen Builders , Inc. for inc lusion in the G eorgetown Village P I D maintenanc e program -- Jim Kac helmeyer, As s is tant C ity Attorney J Disc ussion, review, and rec ommendation of a R es olution amending the bylaws regarding the G eorgetown Village P ublic Improvement Dis tric t No. 1 Advis ory Board members hip -- Wayne Nero, C hief of P olice and Interim As s is tant C ity Manager Adjournment Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 2 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: P ledge of Allegiance - Marlene Mc Mic hael, C hair IT E M S UMMARY: F IN AN C IAL IMPAC T: . S UB MIT T E D B Y: Marlene Mc Michael, C hair P ers on AT TAC H ME N T S: Description Type US Flag Backup Material Page 3 of 53 Page 4 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: G eorgetown Village P ublic Improvement District (G VP I D) monthly financ ial report for the month of S eptember, 2021 - Nathan P arras , Assistant F inanc e Direc tor IT E M S UMMARY: P res entation of the financ ial report for the month S eptember, 2021. F IN AN C IAL IMPAC T: . S UB MIT T E D B Y: Nathan P arras , Assistant F inanc e Direc tor AT TAC H ME N T S: Description Type Financial Report Backup Material Financial Presentation Pres entation Financial Summary Backup Material Page 5 of 53 F VILLAGE PID MONTHLY REPORT AS OF SEPTEMBER 30, 2021 COG - Village PID Financial Report Period: Sep-21 Budget Period FY2021 Sep-21 YTD Actuals w/Encumbrances Variance % of Budget Projection % of Projection Beginning Fund Balance 654,741 654,741 654,741 - 100.00%654,741 100.00% Revenue 40001:Property Taxes 455,100 - 450,774 (4,326) 99.05%455,100 99.05% 42001:Interest Income 1,000 - 1,560 560 156.01%300 520.78% Revenue Total 456,100 - 452,334 (3,766) 99.17%455,400 99.33% Expense 53004:Insurance Expense 1,000 - - 1,000 0.00%- 0.00% 51001:Administrative Expense 28,418 2,368 28,418 (0) 100.00%28,418 100.00% 51002:Publishing & Printing 2,100 - 435 1,665 20.71%- 0.00% 51004:Contractual Services 20,000 610 22,000 (2,000) 110.00%20,000 110.00% 51005:Professional Services - - 325 (325) 0.00%- 0.00% 51007:Contracts & Leases 138,000 7,313 113,134 24,866 81.98%127,524 88.72% 51008:Utilities 56,000 4,971 52,779 3,221 94.25%56,000 94.25% 52501:Office Supplies 300 - - 300 0.00%- 0.00% 52509:Maintenance Expense 89,950 - 31,308 58,642 34.81%31,381 99.77% 60009:Capital Outlay - Improvements 165,618 5,000 158,048 7,570 95.43%195,798 80.72% Expense Total 501,386 20,263 406,448 94,938 81.06%459,121 88.53% Excess (Deficiency) of Total Revenue over Total Requirements (45,286) (20,263) 45,886 91,172 -101.33%(3,722) -1232.95% Ending Fund Balance 609,455 700,627 91,172 114.96%651,019 107.62% Reserves Contingency Reserve 113,053 113,053 100.00%113,053 100.00% Debt Service Reserve - - 0.00%- 0.00% Reserve Total 113,053 113,053 100.00%113,053 100.00% Avaiable Fund Balance 496,402 587,574 91,172 118.37%537,966 109.22% Actuals Budget vs. Actuals Actuals Vs. Projections Page 6 of 53 VILLAGE PID FY2021 Financial Summary: September 2021Page 7 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Village PID Revenue •FY2021 Revenue Budget •Revenue Budget Sources •The FY2021 revenue budget for the Village PID is $456,100 •99% of budgeted revenue is Property Tax, $455,100 •Interest Income accounts for $1,000 99.78% 0.22% 40001:Property Taxes 42001:Interest Income Page 8 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Village PID Revenue COG - Village PID Financial Report Period: Sep-21 Budget FY2021 YTD Actuals w/Encumbrances: Sep-20 YTD Actuals w/Encumbrances: Sep-21 Variance % Variance Variance from Budget % of Budget Projections 2021 Variance Fav/(Unfav) % of Projection Revenue 40001:Property Taxes 455,100 458,669 450,774 (7,894) -1.72%(4,326) 99.05%455,100 4,326 99.05% 42001:Interest Income 1,000 16,400 1,560 (14,840) -90.49%560 156.01%300 (1,261) 520.78% Revenue Total 456,100 475,068 452,334 (22,734) -4.79%(3,766) 99.17%455,400 3,065 99.33% Year End: Projection Vs ActualsYTD Budget ComparisonYTD Actuals w/Encumbrances Comparison Page 9 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Village PID Revenue •Property Tax •Year -to-date Property Tax revenue totals $450,774, 99.33% of budget •FY2021 year-to-date collections are 1.72% less than FY2020 year- to-date collections •The Majority of Property Tax revenue is collected early in the calendar year -1.72% 450,774 PROPERTY TAX K 100K 200K 300K 400K 500K 01 ) O c t 02 ) N o v 03 ) D e c 04 ) J a n 05 ) F e b 06 ) M a r 07 ) A p r 08 ) M a y 09 ) J u n 10 ) J u l 11 ) A u g 12 ) S e p Pr o p e r t y T a x e s FY2020 FY2021 Page 10 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Village PID Expense •FY2021 Expense Budget •Expense Budget Sources •The FY2021 expense budget for the Village PID is $501,386 •33% of the FY2021 budget is related to capital improvements for various park related projects •Contracts and Leases total 27%, or $138,000 •Remaining operational expenses include; utilities, maintenance, and administrative expense 0.20% 5.67% 0.42% 3.99% 27.52% 11.17% 0.06% 17.94% 33.03% 53004:Insurance Expense 51001:Administrative Expense 51002:Publishing & Printing 51004:Contractual Services 51007:Contracts & Leases 51008:Utilities 52501:Office Supplies 52509:Maintenance Expense 60009:Capital Outlay - Improvements Page 11 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Village PID Expense COG - Village PID Financial Report Period: Sep-21 Budget FY2021 YTD Actuals w/Encumbrances: Sep-20 YTD Actuals w/Encumbrances: Sep-21 Variance % Variance Variance from Budget % of Budget Projections 2021 Variance Fav/(Unfav) % of Projection Expense Operations 335,768 242,747 248,400 (5,652) 2.33%87,368 73.98%263,323 (14,923) 94.33% Operating Capital 165,618 556,535 158,048 398,487 -71.60%7,570 95.43%195,798 (37,750) 80.72% Expense Total 501,386 799,282 406,448 392,834 -49.15%94,938 81.06%459,121 (52,673) 88.53% YTD Actuals w/Encumbrances Comparison YTD Budget Comparison Year End: Projections Vs. Actuals Page 12 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Village PID Expense •FY2021 Total Expense •Year -to-date expense totals $406,448 •$348,687 Actuals •$57,761 Encumbrances •Capital Outlay year-to-date spent equals $158,048 •Various park improvements -49.15% 406,448 TOTAL EXPENSE W/ENCUMBRANCES K 100K 200K 300K 400K 500K 600K 700K 800K 900K 01 ) O c t 02 ) N o v 03 ) D e c 04 ) J a n 05 ) F e b 06 ) M a r 07 ) A p r 08 ) M a y 09 ) J u n 10 ) J u l 11 ) A u g 12 ) S e p FY2020 FY2021 Page 13 of 53 FY2021 FINANCIAL SUMMAY: VILLAGE PID Questions Page 14 of 53 F VILLAGE PID MONTHLY REPORT AS OF SEPTEMBER 30, 2021 Revenues are comprised of property tax and allocated interest. January and February are when the city receives the bulk of property tax revenues. The city anticipated receiving $455,100 in property tax revenue this year, as well as $1,000 in allocated interest. Year-to-date, property tax revenue totals $450,774. Property tax revenue year-to-date is down 1.72%, or $7,894 compared to this time last year. There are multiple factors such as payment collections, collection rates, and protested values that can affect property tax revenue. Expenses include administrative charges, capital, contractual services, insurance, maintenance, and marketing. Year-to-date operational expenses with encumbrances total $406,448 or 81.06% of budget. The Parks Department has contracted for Parks Capital Improvements which total $158,048 year to date. FY2021 REVENUE PROJECTIONS Total revenues were projected to end FY2021 at $455,400. The largest component of revenue is property tax revenue, which is projected to end the year at $455,100. Through the quarter, total year-to- date actuals make up 99.33% of total revenue projections. FY2021 EXPENSE PROJECTIONS Total expenses were projected to end FY2021 at $459,121. Through the quarter, actuals are 88.55% of total expense projections. Ending Fund Balance For FY2021, it was projected that the Village PID will have an ending fund balance of $651,019. After accounting for the contingency reserve of $113,053, this fund will have an available fund balance of $537,966. K 100K 200K 300K 400K 500K Q1 Q2 Q3 Q4 PROPERTY TAX REVENUES FY2020 FY2021 K 200K 400K 600K 800K 1.0M Q1 Q2 Q3 Q4 TOTAL EXPENSE W/ENCUMBRANCES FY2020 FY2021 Page 15 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: Update and dis cus s ion on park related items inc luding landsc ape maintenanc e c ontract. – Jamie Beran, P arks S uperintendent IT E M S UMMARY: Landsc ape Maintenance C ontract Update: T he c urrent citywide lands cape maintenance contrac t will be amended to include an additional s ix months with a new expiration date of March 31, 2022. T his extension includes the areas in the G VP I D. S taff will inc lude the level of s ervic e enhancements as disc ussed during the June 14, 2021, G VP I D advis ory board meeting in the c ontract amendment. T he enhancements inc lude overseeding with rye grass along the S hell R oad frontage, inc reas ing to weekly maintenanc e c yc les from Marc h through O c tober, bi-weekly cycles from November through F ebruary, and s idewalk edge mowing along R O W. P ark Update: 1. Irrigation c ontrollers are watering the maximum of twice per week and watering times were increased in Augus t due to reduc ed rainfall and dry weather. 2. T he Irrigation controller at G reen G rove was malfunctioning and was replaced with a solar controller. 3. P erennial plantings at C reekside along Village C ommons were completed in S eptember. T he S alvia ‘Indigo S pires’ replaced the Knockout roses. 4. R eplacement plants within parks and S hell R d. frontage continue to be replac ed based on availability. 5. Tree maintenanc e was c ompleted along S hell R d. frontage and in parks . F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Jamie Beran, P arks S uperintendent Page 16 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: Dis cus s ion related to the lands cape improvement project for S hell R oad lands cape s creening, entry monument lands caping, and Bellaire street trees. – Jamie Beran, P arks S uperintendent IT E M S UMMARY: T he G VP I D advisory Board rec ommended approval of a task order with C ovey Lands cape Arc hitects (C LA) to begin des ign on June 14, 2021, and C ity C ounc il approved the task order on July 13, 2021. C ity s taff and C LA will pres ent preliminary cost estimates to as s is t in des ign development c ompletion. Additionally, C ity staff and C LA will reques ts dis cus s ion and input on thes e design elements to include in the c onstruc tion doc uments. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Jamie Beran, P arks S uperintendent Page 17 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: Update on the "street trees" in the right of way (R O W ) within G eorgetown Village P I D. - Eric Johns on, P ublic Works Director IT E M S UMMARY: W hen trees and other improvements (monument s ignage, etc .) b ecome affixed to the land , they become part of the real property and owned by the owner thereof, unless there is an agreement to the c ontrary (s uc h as a licens e to encroac h). T hus , the C ity legally owns s treet trees in our R O W. T he C ity of G eo rgeto wn has been addres s ing the tree remo val on a c as e-b y-c as e b as is when there is a s ervic e request. S ervice reques ts that go to G VP I D@G eorgetown.org are turned into work orders and s taff ins p ects the s ite and addres s es the issue immediately if it is a tree trimming, o r s c hed ules remo val fo r a later time if the tree needs to be removed. S taff has als o alread y trimmed several trees , and s c heduled remo val o f a few. As s treet s igns are replac ed, C ity s taff will trim trees as need ed fo r vis ib ility and s afety. Due to inc reas ed worklo ad , p artially bec aus e of the winter storm, s taff has s lowly been addressing tree is s ues C itywide. If the P I D Bo ard would like the C ity to maintain the trees in excess of the C ity’s no rmal maintenance s tandards , to replac e thos e that were lo s t to the freeze, to remo ve the des tro yed trees fas ter than the C ity would otherwis e, or to us e c o ntract lab o r, it is autho rized to req ues t s uc h o f the C ity (and pay fo r the extra s ervic es ). However, if the P I D Bo ard is not interes ted in using P I D fund s for thes e ac tivities, the C ity will maintain the trees and remove the damaged ones at its own disc retion / pac e. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Eric Johns on, P ublic Works Direc tor Page 18 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: C onsideration and pos s ible ac tion to approve the Minutes for the R egular Board Meeting July 12, 2021 - C indy Medrano, Board Liaison IT E M S UMMARY: Minutes from the J uly G VP ID meeting. F IN AN C IAL IMPAC T: . S UB MIT T E D B Y: C indy Medrano, Board Liaison AT TAC H ME N T S: Description Type GVPID Minutes 07.12.2021 Backup Material Page 19 of 53 Georgetown Village PID Page 1 of 4 July 12, 2021 City of Georgetown, Texas Georgetown Village Public Improvement District Advisory Board Meeting Minutes Monday, July 12, 2021, at 6:00 p.m. Meeting held at the Public Operations & Training Center, Training Room C, 3500 D.B. Woods Road, Georgetown, TX 78628 Board Members Present: Melinda Marler, Michael Charles, Vice Chair; Cara McKinney, Secretary; Steve Taylor, and Chris Blackburn Board Members Absent: Marlene McMichael, Chair Staff Members Present: David Morgan, City Manager; Wayne Nero, Interim Assistant City Manager; Eric Johnson, Public Works Director; Eric Nuner, Parks and Recreation Assistant Director; Molly Ritter, Public Works Operations Manager; Sabrina Poldrack, Contracts Administrator; Cindy Medrano, Board Liaison Staff Members Absent: Nathan Parras, Assistant Finance Director Visitors Present: Jason Norwood Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A. Call to Order - called to order by Michael Charles, Vice Chair at 6:00 PM. B. Pledge of Allegiance • Cara McKinney led everyone in reciting the Pledge of Allegiance. C. Public Wishing to Address the Board On a subject not posted on the agenda: Persons may add an item to a future Regular scheduled Board agenda by filing a written request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the speaker’s name and the specific topic to be addressed with sufficient information to inform the board and the public. Only those persons who have submitted a timely request will be allowed to speak. For Board Liaison contact information, please logon to http://georgetown.org/boardscommissions/ • There was no public comment at this meeting. Page 20 of 53 Georgetown Village PID Page 2 of 4 July 12, 2021 D. Staff Updates – Wayne Nero, Interim Assistant City Manager • David Morgan, City Manager, introduced Wayne Nero as interim Assistant City Manager and Eric Johnson as the new Public Works Director. E. Georgetown Village Public Improvement District (GVPID) monthly financial report for the month of June 2021 - Nathan Parras, Assistant Finance Director • Parras was unable to attend the meeting therefore David Morgan went over highlights of the report with board members. • The board had no questions. F. Update on who legally owns the “street trees” in the right of way (ROW) within Georgetown Village PID. – Eric Johnson, Public Works Director • At the last board meeting, the board requested legal opinion on who legally owns the “street trees” in the right of way (ROW) within Georgetown Village PID. • Johnson presented legal opinion to the board indicating that the City of Georgetown legally owns street trees in the ROW. • The City of Georgetown will maintain/remove trees in the right of way including damaged trees on City of Georgetown’s timetable unless the Georgetown Village PID board would prefer to move faster in which next steps would be discussed. • The City of Georgetown has an obligation for safety of the public to trim trees as necessary. • Street tree removal is City of Georgetown funded unless the PID would prefer to get them replaced on a faster timeline than the City of Georgetown normally would. • The board had clarifying questions on tree replacement. Johnson specified that the City of Georgetown would remove but not replace any trees. This would be up to either the PID or the homeowner to replace. • The board asked on specific tree requirements if a homeowner wants to replace a specific tree. Ritter specified that there are CC&R covenants that specify the type Page 21 of 53 Georgetown Village PID Page 3 of 4 July 12, 2021 of trees that could be replaced or would require to consult an arborist who could advise on the best tree for the area. • The board discussed the option to accelerate tree removal versus allowing the City of Georgetown to remove at their own timeline. • The board agreed to update staff on trees that need immediate removal. The gvpid@georgetown.org email address was given to allow residents to contact the city regarding trees needing to be removed or trimmed on the right of way. • Staff agreed to follow-up on providing the gvpid@georgetown.org email address on the website. Legislative Regular Agenda G. Consideration and possible action to approve the Minutes for the Regular Board Meeting June 14,2021 – Cindy Medrano, Board Liaison • Motion to approve minutes by Melinda Marler seconded by Steve Taylor. Approved unanimously 5-0-1 Marlene McMichael Absent H. Update on previous board meeting request to deviate from the MUTCD standard blue color for street name signs. – Eric Johnson, Public Works Director • At the last board meeting, the board requested legal opinion on changing the MUTCD standard blue color for street name signs. • Ritter presented the board with legal opinion to the board indicating that any deviation from MUTCD standards would require city council approval. • After some discussion, the board agreed to go to city council to request brown street signs. • Motion to deviate from the MUTCD standard blue color for street name signs to brown and go to city council for approval by Melinda Marler, seconded by Steve Taylor. Approved unanimously 5-0-1 Marlene McMichael Absent Page 22 of 53 Georgetown Village PID Page 4 of 4 July 12, 2021 I. Consideration and possible action to recommend approval to replace the updated specialized GVPID street signs and replace with City-standard signs. – Eric Johnson, Public Works Director • At the previous board meeting the board was presented with a specialized street sign. The board requested that Public Works return with an updated “G”. • The board was presented with two options: o Option A: Specialized Sign Presented at June 14 Meeting o Option B: Updated Specialized Sign Presented at July 12 Meeting • After some discussion, the board agreed on Option B which includes the updated “G” design. • Motion to approve second option including larger “G” design by Chris Blackburn, seconded by Melinda Marler. Approved unanimously 5-0-1 Marlene McMichael Absent Adjournment Motion to adjourn by Cara McKinney, seconded by Melinda Marler. Approved 5-0-1 Marlene McMichael Absent The meeting adjourned at 6:38pm _________________________________ ____________________________ Marlene McMichael, Chair Cara McKinney, Secretary ___________________________________ Cindy Medrano, Board Liaison Page 23 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: C onsideration and pos s ible ac tion to rec ommend that C ity C ounc il c onditionally ac cept the donation of 1) one landsc aping lot and one drainage lot within G eorgetown Village S ection Nine, P has es 9 & 10, and one drainage lot within G eorgetown Village P lanned Unit Development S ec tion Nine, P hase Eight, eac h from BB & C B Inves tments, LLC , and 2) approximately 0.03 acre of land within the William R oberts S urvey, Abs trac t Number 524, from G reen Builders, Inc . for inclus ion in the G eorgetown Village P I D maintenance program -- Jim Kachelmeyer, Assistant C ity Attorney IT E M S UMMARY: T he C ity C ouncil authorized the c reation of the G eorgetown Village P ublic Improvement Dis tric t (the “District”) in 1999 via R es olution No. 990223-N, and amended via R es olution Numbers 050801-AA-1, 032602-R , 040803-V-2, 011309-J J, 062612-M, and 072214-R , to fund certain s upplemental s ervic es and improvements that benefit the land within the approximate 391.83-ac re District. T hes e improvements inc lude pocket parks, lands cape areas , s idewalks , trails, alleyways , dis tinctive lighting, signage, recreational facilities , water quality fac ilities, additional future recreational facilities , and other related improvements . Additionally, it inc ludes thos e services nec es s ary for the administration and operation of the Dis tric t, inc luding thos e of the C ity and the annual c ollection of assessments. T he cost to provide and maintain thes e services is funded through an as s es s ment of $0.14 per $100 valuation. BB & C B Inves tments, LLC (the “Developer”) is c ompleting its development of S ec tion Nine P has es 9 & 10 of the G eorgetown Village. P er an agreement with the Developer, and in ac cordance with S ection 2.115.030 of the C ity of G eorgetown C ode of O rdinances, upon completion of the development, the Developer s hall turn over control of the common areas and aforementioned improvements to the C ity for inc lusion within the District’s maintenanc e program and the two Developer Members shall resign from the G eorgetown Village P ublic Improvement District No. 1 Advisory Board (the “Board”). Acc ordingly, the Developer is offering to donate its remaining public improvements within S ec tion Nine, P hases 8, 9, & 10, to the C ity. However, in reviewing the Developer’s offer to donate certain improvements, the C ity disc overed that the Developer had erroneous ly platted and developed a “lands caping lot” on property owned by another, Wils on F amily C ommunities, Inc . (inc orrectly identified as “Lot 18” in P hase 10 of the plat of S ection Nine P hases 9 & 10 of the G eorgetown Village, rec orded in Doc ument No. 2016019432 of the O fficial P ublic R ec ord of Williams on C ounty, Texas). To c orrect the error and allow the public improvements cons tructed within “Lot 18” to be maintained as part of the P I D, G reen Builders , Inc., as succ es s or-in- interes t to Wils on F amily C ommunities, Inc ., has offered to donate the area to the C ity for inc lusion in the right-of-way of the adjacent R os edale Blvd. F urthermore, in reviewing the Developer’s offer to donate the improvements within S ection Nine, P has es 9 & 10, the C ity dis covered that the Developer had identified the landsc aping lot in P has e 10 and the drainage lot in P has e 9 on the plat as “to be maintained by the HO A.” However, S taff believes this covenant is not enforc eable, as the Developer did not control the HO A at the time of platting and c ould not bind it to s uc h an obligation. Wils on F amily C ommunities, Inc . had res erved that right in its earlier deed of the property to the predec es s or-in-interest to the Developer. S taff has thus determined that those res tric tions don’t prevent the C ity from acc epting the donation of thes e lots for inc lusion in the Page 24 of 53 G eorgetown Village P I D maintenanc e program. In sum, if approved, the C ity would be acc epting donations of one lands caping lot and two ponds from the Developer, and one tract of additional right-of-way from G reen Builders. If C ouncil authorizes acc eptance of the donations, c los ing dates tentatively s et for the end of O ctober, upon s atisfac tion of any outs tanding objec tionable matters of title, such as payment of any taxes owed or unpaid liens , and the is s uance of a title polic y at no cost to the C ity. S taff recommends ac ceptanc e of the donation once any objec tionable matters on the title have been res olved. F IN AN C IAL IMPAC T: Bec ause the c os t of the s upplemental s ervic es and improvements provided by the Dis tric t is funded through an as s es s ment of the homeowners in the Dis tric t, there is no financ ial impac t to the C ity of acc epting this area for C ity owners hip and maintenance as part of the District’s ac tivities. S UB MIT T E D B Y: James Kac helmeyer, As s is tant C ity Attorney AT TAC H ME N T S: Description Type BB & CB Deed to COG re Ph 10 Landscape Lot Backup Material BB & CB Ph 10 Landscaping Lot Backup Material BB & CB Deed to COG re Lot 46 Pond Backup Material BB & CB Ph 8 Lot 46 Pond Backup Material BB & CB Ph 9 Lot 59 Pond Backup Material Green Builders Deed to COG re Landscape Lot (ROW donation)Backup Material Green Builders ROW Donation Backup Material Plat - Georgetown Village Sec 9, Ph 9 & 10 Backup Material Page 25 of 53 General Warranty Deed BB & CB Investments, LLC to City of Georgetown Page 1 of 2 GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your social security number or your driver’s license number. DATE: ___________________, 2021 GRANTOR: BB & CB Investments, LLC, a Texas limited liability company GRANTOR'S MAILING ADDRESS (including County): P.O. Box 609, Williamson County, Georgetown, Texas 7627 GRANTEE: City of Georgetown, a Texas home-rule municipal corporation GRANTEE'S MAILING ADDRESS (including County): P.O. Box 409, Williamson County, Georgetown, Texas 78627 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): Lot 26, Block O, Phase 10 of the Georgetown Village Section 9, Phases 9 & 10 Subdivision, according to a plat thereof recorded in Document No. 2016019432 of the Official Public Records of Williamson County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made, delivered and accepted subject to any and all easements, covenants, leases, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the same may still be in force and effect, and either shown of record in the office of the County Clerk of Williamson County, Texas. Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against Page 26 of 53 General Warranty Deed BB & CB Investments, LLC to City of Georgetown Page 2 of 2 every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and Warranty. GRANTOR: BB & CB INVESTMENTS, LLC, a Texas domestic limited liability company By: _____________________________ Printed Name: Michael B. Baccus Title: Member STATE OF TEXAS ) ) ACKNOWLEDGEMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the _____ day of ______________, 2021, by Michael B. Baccus, the Member of BB & CB Investments, LLC, a Texas domestic limited liability company, on behalf of said company. ________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 Page 27 of 53 Phase 10 Landscaping Lot Williamson County TX, Maxar Streets OPEN Not Active Parcels 10/6/2021, 5:59:36 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:4,514 Georgetown Planning City of Georgetown | Williamson County TX, Maxar | Page 28 of 53 General Warranty Deed BB & CB Investments, LLC to City of Georgetown Page 1 of 2 GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your social security number or your driver’s license number. DATE: ___________________, 2021 GRANTOR: BB & CB Investments, LLC, a Texas limited liability company GRANTOR'S MAILING ADDRESS (including County): P.O. Box 609, Williamson County, Georgetown, Texas 78627 GRANTEE: City of Georgetown, a Texas home-rule municipal corporation GRANTEE'S MAILING ADDRESS (including County): P.O. Box 409, Williamson County, Georgetown, Texas 78627 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): 2.8115 acres, more or less, situated in the William Roberts Survey, Abstract 524, being more particularly described as Lot 46, Block D of the Georgetown Village Planned Unit Development Section Nine, Phase Eight Subdivision, according to a plat thereof recorded in Document No. 2014078318 of the Official Public Records of Williamson County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made, delivered and accepted subject to any and all easements, covenants, leases, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the same may still be in force and effect, and either shown of record in the office of the County Clerk of Williamson County, Texas. Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every Page 29 of 53 General Warranty Deed BB & CB Investments, LLC to City of Georgetown Page 2 of 2 person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and Warranty. GRANTOR: BB & CB INVESTMENTS, LLC, a Texas limited liability company By: _____________________________ Printed Name: Michael B. Baccus Title: Member STATE OF TEXAS ) ) ACKNOWLEDGEMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the _____ day of ______________, 2021, by Michael B. Baccus, the Member of BB & CB Investments, LLC, a Texas limited liability company, on behalf of said company. ________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 Page 30 of 53 Phase 8 Drainage Lot Williamson County TX, Maxar Streets OPEN Not Active Parcels 10/6/2021, 5:45:14 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:4,514 Georgetown Planning City of Georgetown | Williamson County TX, Maxar | Page 31 of 53 Phase 9 Drainage Lot Williamson County TX, Maxar Streets OPEN Not Active Parcels 10/6/2021, 5:49:07 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:4,514 Georgetown Planning City of Georgetown | Williamson County TX, Maxar | Page 32 of 53 General Warranty Deed Green Builders, Inc. to City of Georgetown Page 1 of 4 GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your social security number or your driver’s license number. DATE: ___________________, 2021 GRANTOR: Green Builders, Inc., a Texas for-profit corporation (successor-in-interest to Wilson Family Communities, Inc.) GRANTOR'S MAILING ADDRESS (including County): 3613 Williams Drive, Suite 206, Williamson County, Georgetown, Texas 78628 GRANTEE: City of Georgetown, a Texas home-rule municipal corporation GRANTEE'S MAILING ADDRESS (including County): P.O. Box 409, Williamson County, Georgetown, Texas 78627 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): Being ______________, said tract being more fully described by metes and bounds in the attached Exhibit “A” and by sketch in Exhibit “B” attached hereto and made a part hereof (the “Property”). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made, delivered and accepted subject to any and all easements, covenants, leases, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the same may still be in force and effect, and either shown of record in the office of the County Clerk of Williamson County, Texas. Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all Page 33 of 53 General Warranty Deed Green Builders, Inc. to City of Georgetown Page 2 of 4 and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and Warranty. GRANTOR: GREEN BUILDERS, INC., a Texas for-profit corporation By: _____________________________ Printed Name: William E. Weber Title: President STATE OF TEXAS ) ) ACKNOWLEDGEMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the _____ day of ______________, 2021, by Michael E. Weber, the President of GREEN BUILDERS, INC., Texas for-profit corporation (as successor-in-interest to Wilson Family Communities, Inc.), on behalf of said corporation. ________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Georgetown Attn: Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 Page 34 of 53 General Warranty Deed Green Builders, Inc. to City of Georgetown Page 3 of 4 EXHIBIT “A” Legal Description Page 35 of 53 General Warranty Deed Green Builders, Inc. to City of Georgetown Page 4 of 4 EXHIBIT “B” Sketch Page 36 of 53 Green Builders ROW Donation Williamson County TX, Maxar Streets OPEN Not Active Parcels 10/6/2021, 6:04:07 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:4,514 Georgetown Planning City of Georgetown | Williamson County TX, Maxar | Page 37 of 53 Page 38 of 53 Page 39 of 53 Page 40 of 53 Page 41 of 53 Page 42 of 53 City of Georgetown, Texas Georgetown Village Improvement District October 11, 2021 S UB J E C T: Dis cus s ion, review, and recommendation of a R esolution amending the bylaws regarding the G eorgetown Village P ublic Improvement District No. 1 Advisory Board membership -- Wayne Nero, C hief of P olic e and Interim Assistant C ity Manager IT E M S UMMARY: T he C ity of G eorgetown has determined the need to update the C ode of O rdinances S ection 2.115.030 regarding members and terms of the G eorgetown Village P ublic Improvement Dis tric t No. 1 Advis ory Board. T he development of the G eorgetown Village P UD C oncept P lan is complete, and the two Development Members s hall res ign and be replaced by two G V Members. T his R esolution amends the G VP I D No. 1 Advisory Board Bylaws to reflec t the membership update. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: C indy Medrano, Board Liaison AT TAC H ME N T S: Description Type Resolution Resolution Letter Bylaws Clean Version Backup Material Bylaws Redline Version Backup Material Page 43 of 53 Amending GVPID Advisory Board Bylaws Page 1 of 2 Resolution No. _____________________________ Date: _______________________________________ RESOLUTION NO. _____________ 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 Page 44 of 53 Amending GVPID Advisory Board Bylaws Page 2 of 2 Resolution No. _____________________________ Date: _______________________________________ 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. This Resolution shall be effective immediately. SECTION 5. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall become effective on November 1, 2021. PASSED AND APPROVED on the _____ day of October, 2021. CITY OF GEORGETOWN, TEXAS ATTEST: ______________________________ By: _____________________________ Josh Schroeder, Mayor Robyn Densmore, City Secretary APPROVED AS TO FORM: _________________________________ Skye Masson, City Attorney Page 45 of 53 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 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. 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 shall be appointed by the Mayor and confirmed by City Council in accordance with the City Charter. 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. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. 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 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. Page 46 of 53 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. 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, in order to fulfill the purpose as stated in Section 1.2, 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 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. Page 47 of 53 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 sufficient information to inform the Advisory Board and the public. A person who disrupts the meeting may be asked to leave and be removed. Page 48 of 53 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. Page 49 of 53 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. Five Seven (57) 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. Two (2) members shall be representatives of the entity that is developing the Georgetown Village PUD Concept Plan approved by City Council on January 14, 1997, last amended on March 28, 2000 ("Development Members"). At such time as the development of the Georgetown Village PUD Concept Plan is complete, the two (2) Development Members shall resign and be replaced by two (2) GV Members. 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 a quorum is 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 four­year period, and after a Page 50 of 53 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. There are no limits on the number of terms for the Development Members. 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. 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, Vice­Chair 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 Vice­Chair 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 Vice­Chair 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 Page 51 of 53 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 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 Vice­Chair. In the absence of both the Chair and Vice­Chair, 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. Page 52 of 53 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. Sign­up 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 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 non­Members 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. Page 53 of 53