O484ORDINANCE 484
AN ORDINANCE AMENDING CHANTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF i ENNEDALE, TEXAS BY AMENDING
THE REGULATIONS GOVERNING THE PRESERVATION OF TREES
TO AMEND THE DEFINITIONS OF LANDSCAPE ADMINISTRATOR
AND TREE BOARD DESIGNATING THE KEEP I ENNEDALE
BEAUTIFUL COMMISSION As THE TREE BOARD AND ADDING
ADDITIONAL DIRTIES FOR THE TREE BOARD; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A sEVERADILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of l ennedale is a horse role city acting under its charter
adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council previously adopted regulations governing the
preservation of trees; and
WHEREAS, The City Council now desires to amend said regulations; and
WHEREAS, a public hearing was held by the City Council of the City of
l ennedale, Texas, on dune 14, 2011 with respect to the amendments described herein;
and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF IENNEDALE, TEXAS:
SECTION 1.
Section 16-72 of the l ennedale City Code, is hereby amended by amending the
definition of Landscape administrator and Tree board to read as follows:
"Landscape administrator means the City Manager or his /her designated representative.
Tree board means the city tree hoard, which is hereby created and established. This
Board shall he the Deep I ennedale Beautiful Commission unless otherwise appointed
by City Council."
SECTION 2.
Section 16-88 of the Eennedale City Code is hereby amended to read as follows:
"See. 16 -88* Additional Duties and Authorities of the tree hoard.
(a) The tree board shall have the responsibility to review and grant a tree removal
permit for the following land use'.
(1) Any public or recreational use that is deemed acceptable to the tree
board.
(2) Any private use that is deemed acceptable to the tree beard that usually
requires large areas of open space.
(3) In granting the tree removal permit, the tree board is authorized to impose
whatever conditions of approval that are deemed necessary by the tree
board.
(b) Additionally, the tree board shall have the following responsibilities and duties:
(1) Provide guidance to the city on beautification projects associated with city
owned property or provide consultation advice to property owners
requesting feedback; and
(2) Provide public education in care, preserving, pruning, planting, replanting,
removal or disposition of trees native to Texas or capable of flourishing
within this climate; and
(3) Establish and update a comprehensive tree plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees
in parks, along streets and in other public areas, "
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and the Code
of the City of Iennedale, Texas, except where the provisions of this ordinance are in
direct conflict with the provisions of such and code, in which event the conflicting
provisions of such ordinances and code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any, of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION S.
This ordinance shall be in full force and effect from and after its passage and
publication as required by lave, and it is so ordained.
PASSED AND APPROVED THIS 'w DAY OF
2011
Mayor, Bryan Lankhor t
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney