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O-2014-12-01ORDINANCE NO. 2014-12-01 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 11, ARTICLE H, TO ESTABLISH THE TREE BOARD; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Arbor Day Foundation in cooperation with the United States Forest Service and the National Association of State Foresters recognizes cities across America that meet the standards of the Tree City USA program; and, WHEREAS, the Tree City USA program recognizes those communities that effectively manage their public tree resources, and encourages the implementation of community tree management based on certain standards; and, WHEREAS, the recognition of the City of Allen, Collin County, Texas as a Tree City USA is in the best interest of the citizens of the City; and, WHEREAS, the City desires to satisfy the standards for Tree City USA designation; and, WHEREAS, the City Council desires to establish a tree board to develop and administer a comprehensive community tree management program; and, ' WHEREAS, the establishment of a tree board in conjunction with the regulations of the Allen Land Development Code for the preservation, protection, maintenance and removal of trees satisfy the standards for Tree City USA designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is hereby amended by amending Chapter 1 I in pan to add Article 11 to read as follows: "ARTICLE 11 TREE BOARD Sec. 11-25 Tree Board -Established There is hereby established a City Tree Board consisting of the members of the Parks and Recreation Board. Sec. 11-26 Tree Board -Responsibilities (a) It shall be the responsibility of the Tree Board to study, investigate and recommend to the City Council, on an annual basis, a comprehensive plan for the care, planting, maintenance and removal of trees on public property and within public rights-of- way in the City, which, shall upon approval by the City Council become the official comprehensive Tree Plan for the City. (b) The Tree plan shall also contain a list of recommended tree species to be planted on public property and within public rights-of-way, with spacing and location requirements." C SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect SECTION 4. This ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 20ra DAY OF DECEMBER, 2001. APPROVED: "/ Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Jddy Mo son, CMC/AAE, CITY SECRETARY Ordinance No. 2014-12-01, Page 2