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HomeMy WebLinkAboutAgenda_GVPID_11.08.2021Notice of Meeting for the Georgetown Village P ublic I mprov ement District of the City of Georgetown Nov ember 8, 2021 at 6:00 P M at P ublic Safety Operations & Training Center | 3500 D.B. Wood Rd. Georgetown, T X. 78628 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 pers ons had s igned up to address the Board. D Update and disc ussion on park related items including lands cape maintenance contrac t. – Jamie Beran, P arks S uperintendent E 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 F 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 G 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 H C ons ideration and possible action to either rec ommend that C ity C ounc il rejec t or 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 ection Nine, P has e Eight, each 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 Page 1 of 46 P I D maintenanc e program -- Jim Kac helmeyer, As s is tant C ity Attorney I 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 46 City of Georgetown, Texas Georgetown Village Improvement District November 8, 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 46 Page 4 of 46 City of Georgetown, Texas Georgetown Village Improvement District November 8, 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 5 of 46 City of Georgetown, Texas Georgetown Village Improvement District November 8, 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 6 of 46 City of Georgetown, Texas Georgetown Village Improvement District November 8, 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 7 of 46 City of Georgetown, Texas Georgetown Village Improvement District November 8, 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 8 of 46 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 9 of 46 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 10 of 46 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 11 of 46 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 12 of 46 T he Mas ter Dec laratio n of C o venants , C onditions , and R es tric tions for G eo rgeto wn Village (the “Dec laration”), recorded b y S hell R anch Develo p ment, Inc. (the “O riginal Developer”) in Do cument No. 1998025732 of the O ffic ial P ublic R ecords o f Williams o n C o unty, Texas , reserved to the O riginal Developer the right to determine whether to c reate a homeowners’ as s ociation (HO A) for G eorgetown Village o r to s eek the c reation o f a P ublic Improvement District that would assume the operatio n and maintenance of neighb o rhood assets traditio nally turned over to an HO A up o n c o mp letion o f the development. T he O riginal Developer cho s e the latter, and in 1999 the C ity C ounc il autho rized the creatio n o f the G eorgetown Village P ublic Improvement Dis tric t (the “Dis tric t”) via R esolution No . 990223-N, and amended via R esolution 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 b enefit the land within the approximate 391.83-ac re Dis tric t. T hese improvements includ e p o cket p arks, landsc ap e areas, s idewalks , trails, alleyways , distinc tive lighting, signage, rec reatio nal fac ilities, water quality fac ilities , ad d itional future recreational fac ilities, and other related improvements . Ad d itionally, it inc ludes those s ervices nec es s ary for the ad minis tration and operatio n of the District, inc lud ing those o f the C ity and the annual collec tion of as s es s ments . T he c o s t to p ro vide and maintain thes e services is funded thro ugh an as s es s ment of $0.14 per $100 valuation. However, the Declaratio n also authorized s uc ces s ors to the O riginal Developer (eac h, a “Develo p er”) to create “Develo p ment Area As s o ciatio ns” for eac h platted p o rtion o f G eorgetown Village, to func tion as HO As within the broader G eorgetown Village. Wilson F amily C ommunities , Inc . (“Wils on”) was one s uc h Developer, res ponsible for the development of a portion of G eorgetown Village. Later, Wils on conveyed a p o rtion of its p ro p erty within G eo rgeto wn Village to BB & C B Investments , L L C (“BB & C B”), b ut retained its rights under the Declaratio n to c reate and c ontrol the Development Area As s ociation for the property. BB & C B is no w c o mp leting its d evelopment o f S ectio n Nine P has es 9 & 10 o f the G eorgetown Village. Traditionally, at the completio n o f develo p ment, a d eveloper would trans fer its c o mmo n area as s ets to the HO A for future operatio n and maintenance, but in this ins tance BB & C B has neither the right to c reate a mas ter HO A nor the right to c reate a Development Area Assoc iation. T hus , the c o mmo n area assets mus t either remain with BB & C B (o r its succ es s o rs ) or b e c o nveyed to the C ity fo r maintenanc e as p art of the Dis tric t. Acc o rd ingly, the BB & C B is offering to d o nate its remaining c o mmo n area improvements within S ection Nine, P hases 8, 9, & 10, to the C ity. S taff recommend s acc ep tance o f the d o natio n, as the C ity is City of Georgetown, Texas Georgetown Village Improvement District November 8, 2021 S UB J E C T: C onsideration and pos s ible ac tion to either recommend that C ity C ouncil reject or 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 drainage lot within G eorgetown Village P lanned Unit Development S ec tion Nine, P hase Eight, eac h 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 maintenance program -- Jim Kachelmeyer, Assistant C ity Attorney IT E M S UMMARY: Page 13 of 46 better ab le to ens ure p o nds are maintained p ro p erly if they are under the o versight o f an assoc iation o r the Dis tric t. However, in reviewing BB & C B’s offer to d o nate the improvements , the C ity d is covered that BB & C B had erro neous ly p latted and d eveloped a “land s caping lot” on property still owned by Wilson (inc orrectly identified as “Lot 18” in P hase 10 of the p lat of S ec tion Nine P hases 9 & 10 o f the G eorgetown Village, recorded in Document No. 2016019432 of the O fficial P ublic R ec ord of Williams on C ounty, Texas). To correc t the erro r and allo w the p ublic improvements c onstruc ted within “Lot 18” to be maintained as part of the Dis tric t, G reen Builders , Inc ., as s uc cessor-in-interes t to Wils on, has offered to donate the area to the C ity for inclus io n in the right-o f-way of the adjac ent R os edale Blvd. S taff recommend s acc ep tance of this donation, to protec t any C ity as s ets existing in the area to be donated. F urthermore, in reviewing BB & C B’s offer to donate the improvements within S ectio n Nine, P has es 9 & 10, the C ity disc o vered that BB & C B had id entified the land s caping lo t in P hase 10 and the drainage lot in P has e 9 on the p lat as “to be maintained b y the HO A.” However, the C ity believes this covenant is not enforc eable, as BB & C B c ould no t bind an HO A to s uc h an o b ligatio n, s inc e Wilson had res erved the rights o f the Declarant. T he C ity has thus d etermined that thos e restrictio ns d o n’t p revent the C ity from acc epting the donation of thes e lots for inc lusion in the G eorgetown Village P I D maintenanc e program. In s um, if approved , the C ity wo uld be acc ep ting donations of one land s caping lot and two pond s from BB & C B, and one trac t o f ad d itional right-of-way fro m G reen Build ers . If C ounc il authorizes acc eptance of the d o natio ns , closing d ates tentatively s et fo r the end of No vember, up o n s atisfac tion of any outs tanding o b jectio nable matters of title, s uc h as p ayment of any taxes o wed 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 donations 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 Lot 59 Pond Backup Material 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_2021.11.03 Backup Material Plat - Georgetown Village Sec 9, Ph 9 & 10 Backup Material Page 14 of 46 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): 2.31 acres, more or less, situated in the William Roberts Survey, Abstract 524, being more particularly described as Lot 59, Block D, Phase 9 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 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 15 of 46 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 16 of 46 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 17 of 46 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 18 of 46 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 19 of 46 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 20 of 46 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 21 of 46 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 22 of 46 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 23 of 46 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 0.0286 acre, more or less, 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 24 of 46 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 William E. Weber, the President of GREEN BUILDERS, INC., a 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 25 of 46 General Warranty Deed Green Builders, Inc. to City of Georgetown Page 3 of 4 EXHIBIT “A” Legal Description Page 26 of 46 Page 27 of 46 Page 28 of 46 General Warranty Deed Green Builders, Inc. to City of Georgetown Page 4 of 4 EXHIBIT “B” Sketch Page 29 of 46 Page 30 of 46 Page 31 of 46 Page 32 of 46 Page 33 of 46 Page 34 of 46 Page 35 of 46 City of Georgetown, Texas Georgetown Village Improvement District November 8, 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 Bylaws Clean Version Backup Material Bylaws Redline Version Backup Material Resolution Resolution Letter Page 36 of 46 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 37 of 46 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 38 of 46 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 39 of 46 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 40 of 46 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 41 of 46 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 42 of 46 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 43 of 46 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 44 of 46 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 45 of 46 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. 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. PASSED AND APPROVED on the _____ day of November, 2021. CITY OF GEORGETOWN, TEXAS ATTEST: ______________________________ By: _____________________________ Josh Schroeder, Mayor Robyn Densmore, City Secretary APPROVED AS TO FORM: _________________________________ Skye Masson, City Attorney Page 46 of 46