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HomeMy WebLinkAboutORD 2005-47 - Georgetown Village PID AdvisoryORDINANCE NO. 2005 - An Ordinance of the City of Georgetown, Texas Amending Title 2 of the City of Georgetown Code of Ordinances to Add New Chapter 2.115 Relating to the Georgetown Village Public Improvement District No. 1 Advisory Board; Establishing the Purpose, Membership, Officers, Rules of Procedure, and Powers and Duties of the Board; Approving the Bylaws of the Board; Providing a Severability Clause; and Providing an Effective Date. WHEREAS, on September 15, 1998, a petition was filed for the creation of the Georgetown Village Public Improvement District No. 1 (GTVPID) 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 GTVPID and convened an advisory board consisting of five (5) members to assist in the evaluation of the proposed GTVPID, including preparation of the Service and Assessment Plan and the amount of the assessment to be levied; and WHEREAS, on April 27, 1999 the City Council approved the creation of the GTVPID by Ordinance No. 99-22, adopted a Service and Assessment Plan, and levied a special assessment; and WHEREAS; over the years, the number of and qualifications of members on the GTVPID Advisory Board has changed and the GTVPID Board and the City Council now desire to codify the rules governing the GTBPID Board; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance implements the following elements of the Century Plan Policy Plan and that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan: Ordinance No. d: C. 05i Georgetown Village PID Advisory Board Page 1 of 6 8.0 Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. 10.0 Georgetown's citizens and businesses enjoy an attractive community with a unique sense of place and a positive, identifiable image, at a cost which is consistent with other city social and economic priorities. 14.0 A high level of cooperation and involvement exists among Georgetown's citizens and governmental organizations. SECTION 2. Title 2 of =the Code of Ordinances of the City of Georgetown is hereby amended to add the following Chapter: 2.0 GEORGETOWN VILLAGE PUBLIC IMPROVEMENT DISTRICT No.1 ADVISORY BOARD 2.115.010 Created. A. There is hereby created the Georgetown Village Public Improvement District No.1 Advisory Board (the "Board"). 2.115.020 Purposes. A. The Board shall prepare for the City Council's review and approval an annual budget for the Georgetown Village Public Improvement District No. 1 (the "District") consistent with Chapter 372 of the Texas Local Government Code, Ordinance No. 99-22 (relating to the creation of the District and the levying of assessments on property in the District), and the Service and Assessment Plan for the District, as these may be amended from time to time. B. Upon approval of the District budget by the City Council, and the disbursement by the City of the GTVPID assessments to the District, the Board shall oversee and administer the maintenance and management of those improvements in District authorized to be funded by District assessments in accordance with Chapter 372 of the Texas Local Government Code, Ordinance No. 99-22 (relating to the creation of the District and the levying of assessments on property in the District), the Service and Assessment Plan for the District, and the City Council approved budget for the District, as these may be amended from time to time. Ordinance No. Georgetown Village PID Advisory Board Page 2 of 6 C. The Board is responsible to and shall act as an advisory body to the Council and shall perform such duties and exercise such additional powers as may be described by ordinances of the Council not inconsistent with the provisions of the City Charter, Chapter 372 of the Texas Local Government Code, Ordinance No. 99-22 (relating to the creation of the District and the levying of assessments on property in the District), the Service and Assessment Plan for the District, and the City Council approved budget for the District, as these may be amended from time to time. However, the ultimate authority for making decisions regarding the District lies with the City Council. D. All Board members shall serve without compensation. 2.115.030 Members and Terms. A. The Board shall consist of seven (7) members and up to three (3) alternates nominated by the Board in accordance with the procedures detailed in the Board's bylaws, appointed by the mayor, and confirmed by City Council as follows: Five (5) of the members shall be resident homeowners in then -Georgetown Village subdivision ("GV Members"); two (2) members shall be members of the entity that is developing Georgetown Village ("Development Members"). At such time as the development of the 811 acre Georgetown Village project is complete, as determined by the Development Members, the two (2) Development Members shall resign and be replaced by two (2) GV Members. Be In appointing the GV Members, and if such applicants are qualified and available to serve, the City Council shall include at least one representative from each of the following groups: (i) homeowners with lots that are less than or equal to fifty (50) feet wide: (ii) homeowners with lots that are greater than fifty (50) feet wide and less than sixty (60) feet wide; and (iii) homeowners with lots that are greater than sixty (60) feet wide. C. Alternates shall serve as needed for the regular GV Members and, if qualified and available to serve, shall be appointed from each of the following groups: (1) homeowners with lots that are less than or equal to fifty (50) feet wide: (2) homeowners with lots that are greater than fifty (50) feet wide and less than sixty (60) feet wide; and (3) homeowners with lots that are greater than sixty (60) feet wide, and may serve as Board members in the event of an absence or a vacancy. Ordinance No. "' Georgetown Village PID Advisory Board Page 3 of 6 D. The term of office for all Board members shall be two (2) years. E. GV Members may be re -appointed once, for a maximum consecutive service period of four (4) years. After serving a maximum consecutive four (4) 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 again be nominated and appointed to serve for an additional term in accordance with this section. F. There are no limits on the terms of the Development Members. G. Vacancies in the positions of GV Members shall be filled by the Alternate representing the same homeowner group, if available. H. Board members may also serve as members on other City Council appointed boards, committees, or commissions. 2.115.040 Officers Y. i A. The Board shall elect a president, vice-president, and treasurer. A non-member may serve in the ministerial position as secretary for the purposes of preparing agenda, postings, and meeting minutes that satisfy the provisions of the Texas Open Meetings Act, but if the secretary is a non-member, he or she shall not be entitled to vote or to take any other official actions other than preparing agenda, postings, and meeting minutes that satisfy the provisions of the Texas Open Meetings Act. Be No person may be appointed to serve as an officer until such person has served on the Board for at least one year. Co Any officer shall be entitled to enter into any contract or to execute and deliver any instrument in the mane of the Board, provided that the officer has obtained authorization from the Board and provided further that the contract or instrument is not inconsistent with Chapter 372 of the Texas Local- Government Code, Ordinance No. 99-22 (relating to the creation of the District and the levying of assessments on property in the District,) and the Service and Assessment Plan for the District, and the City Council approved budget for the District, as these may be amended from time to time. Ordinance No. 4*00e5"—' q7 Georgetown Village PID Advisory Board Page 4 of 6 D. The Board may establish such procedures, rules and regulations pertaining to officers as it may deem desirable, provided that those procedures are not inconsistent with this Chapter of the City Code of Ordinances, Chapter 372 of the Texas Local Government Code, Ordinance No. 99-22 (relating to the creation of the District and the levying of assessments on property in the District), the Service and Assessment Plan for the District, or the City Council approved budget for the District, as these may be amended from time to time. 2.115.050 Meetings, Quorum and Voting. A. The Board shall hold an official meeting at least quarterly and may hold special meetings upon request of the President, or the request of two (2) or more Board members. Be A majority of the total regular members of the Board constitutes a quorum for meetings. C, Provided a quorum is present, an item must be approved by a simple majority of the Board members present at the meeting at which the item is posted for action and discussed. 2.115.060 By-laws. The Board shall establish such bylaws for its governance and procedures consistent with the laws of this State and the ordinances of the City. The by-laws shall be effective upon approval by the City Council, 2.115.070 Open Meetings Each meeting of the Board shall be posted in compliance with the Open Meetings Act and shall be open to the public. SECTION 3. The Bylaws of the Board that are attached hereto as "Exhibit A" are hereby approved by the City Council, Ordinance No. =.e00460%" V7 Georgetown Village PID Advisory Board Page 5 of 6 SECTION 4: This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. ASSED AND APPROVED on First Reading on the day of t`` - s ` 2005 /+ASSED AND APPROVED on Second Reading on the day of 12005t ATTEST: AV r ,r Sandra D. Lee, City Secretary AS TO FORM: Patricia E. Carls Brown & Carls, LLP City Attorney Ordinance No. Q � V7 Georgetown Village PID Advisory Board Page 6 of 6 CITY OF GEORGETOWN, TEXAS M