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92-O-2 ,,- I ."" ....... "-( ORDINANCE NO. 92-0-2 AN ORDINANCE AMENDING ARTICLE IV. (TREE PRESERVATION AND PROTECTION) OF CHAPTER 14 (PLANNING AND ZONING GENERALLY) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, BY PROVIDING FOR THE ESTABLISHMENT OF THE EDGEWATER BEAUTIFICATION AND TREE COMMITTEE; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE COMMITTEE, PROVIDING FOR THE ADOPTION OF A RESOLUTION TO ESTABLISH THE OPERATING PROCEDURES FOR THE COMMITTEE; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, tpe City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City Council has authorized the filing of an application with the Florida Division of Forestry for the purpose of designating the City of Edgewater as a TREE CITY USA. 2. In order to fulfill the application requirements, a tree committee must be established by ordinance in conjunction with the City's tree ordinance. 3. Article IV. Tree Preservation and Protection of Chapter 14 of the Code of Ordinances of Edgewater can be amended to fulfill the TREE CITY USA requirements. ..;."",," NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ADDITION OF SECTION 14.54.1 (ESTABLISHMENT OF EDGEWATER BEAUTIFICATION AND TREE COMMITTEE) TO ARTICLE IV. (TREE PRESERVATION AND PROTECTION) OF CHAPTER 14 (PLANNING AND ZONING GENERALLY) OF THE CODE OF ORDINANCES OF EDGEWATER, FLORIDA. Section 14.54.1 is hereby added to read as follows: Section 14.54.1. Establishment of Edqewater Beautification and Tree Committee. There is hereby established the Edqewater Beautification and Tree Committee which shall consist of five (5) members who shall be appointed by the City Council. It shall be the responsibility of this Committee to study, investiqate, counsel, and develop and/or update annually, and administer a written plan for the care, preservation, pruning, plantinq, replantinq, removal or disposition of trees and shrubs in City parks, along streets, and in other ORD920,"- Struck through passages are Underlined passages are added. 1 deleted. , . ..., .... public areas. Such plan shall be presented annually to the City Council and, upon their acceptance and approval, shall constitute the official comprehensive tree plan for Edqewater, Florida. The Committee, when requested by the City Council, shall consider, investiqate, make findinqs, report and recommend upon any special matter or question cominq within the scope of its responsibilities. The City Council shall adopt a resolution reqardinq membership requirements for the Committee, terms, selection of officers, quorum requirements, rules, requlations, keepinq of a iournal and other required operatinq procedures. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This ordinance shall take effect on March 3, 1992. ORD92 OJ. Struck through passages are Underlined passages are added. 2 deleted. -PART F. ADOPTION. After Motion by Councilman Hays and Second by Councilman Jones, the vote on the first reading of this ordinance held on February 3, 1992, was as follows: Mayor Tanya B. Wessler AYE Councilman Kirk Jones AYE Councilperson Louise Martin AYE Councilperson NoraJane Gillespie AYE Councilman Michael Hays AYE After Motion by Councilperson Martin and Second by Councilperson Gillespie, the vote on the second reading of this ordinance was as follows: Mayor Tanya B. Wessler Aye Councilman Kirk Jones Aye Councilperson Louise Martin Aye Councilperson NoraJane Gillespie Aye Councilman Michael Hays Aye PASSED AND DULY ADOPTED this 2nd day of March, 1992. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By;� 1 Tanya . Wessler Mayor APPROVED FOR FORM AND CORRECTNESS: Rrista A. Stor City Attorney st�.� �-• -'ereo-` passages are deleted. Underlined passages are added. ORD920& 3