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O-240-M• CITYOF CLERMONT MISCELLANE®US ORDINANCE No. 240-M AN EMERGENCY ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, RELATING TO PROTECTION OF TREES ON PUBLIC PROPERTY WHICH SERVE THE PUBLIC INTEREST BY PROVIDING OXYGEN, STABILIZATION OF THE SOIL, PREVENTION OF EROSION, SHELTER FOR WILDLIFE, CONSERVATION OF ENERGY BY PROVIDING SHADE, FILTERING AIR AND ADDING TO THE BEAUTY OF THE CITY OF CLERMONT, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY FINDS THAT AN EMERGENCY SITUATION EXISTS IN REGARD TO THE EFFECTIVE DATE OF ITS TREE ORDINANCE AND HEREBY ORDAINS THAT: WHEREAS, trees provide a setting with a variety of color unsurpassed in shade and hue; and WHEREAS, trees are an invaluable physcological counterpart to the man-made urban setting; and WHEREAS, trees absorb a high percentage of carbon dioxide and return oxygen, a vital ingredient to life; and WHEREAS, trees are a valuable asset that can affect an area economically; and WHEREAS, the City Council of the City of Clermont has determined that the protection of trees on public property within the City of clermont is not only desirable but essential to the present and future health, safety and welfare of all citizens; and WHEREAS, the City of Clermont recognizes that trees on public property are valuable contributors to the city's environment; NOW, THEREFORE, be it ordained by the City Council of the City of Clermont, Florida: SECTION 1. DEFINITIONS. Street trees: "Street trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City. Park trees: "Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. SECTION 2. CREATION AND ESTABLISHMENT OF A CITY TREE BOARD. There is hereby created and established a City Tree Board for the City of Clermont, Florida, which shall consist of at least five (5) but no more than nine (9) residents of the City, who shall be appointed by the Mayor. i CITYOF CLERMONT • MISCELLANEOUS ORDINANCE No. 240-M Page -2- SECTION 3. TERM OF OFFICE. The term of the person to be appointed by the Mayor shall be two (2) years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. SECTION 4. COMPENSATION. Members of the Board shall serve without compensation. SECTION 5. DIITIES AND RESPONSIBILITIES. It shall be the responsibility of the Board to study, investigate, counsel, and develop and/or update annually a plan for the care, preservation, pruning, planting, spacing, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and, upon their acceptance and approval, shall constitute the official comprehensive tree plan for the City of Clermont, Florida. The Board, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. SECTION 6. OPERATION. The Board shall choose its own officers, make its own rules and regulations, and record minutes. A majority of the members shall be a quorum for the transaction of business. SECTION 7. STREET TREE SPECIES TO BE PLANTED. Appendix "A" as attached and made part of this ordinance, constitutes the approved tree list. SECTION 8. INTERFERENCE WITH THE CITY TREE BOARD. It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street tree, park trees, or trees on private grounds, as authorized in this ordinance. SECTION 9. SEVERABILITY. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this ordinance, except to the extent that the entire section or part of this section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 10. EFFECTIVE DATE. This Emergency Ordinance shall become law and take effect immediately. • CITY OF CLERMONT MISCELLANEOUS ORDINANCE No. 240-M Page -3- PASSED AND ORDAINED BY THE CITE COIINCIL O THE CITY OF CLERMONT, LAKE COIINTY, FLORIDA, THIS ~ DAY OF , 1991. Robert A. Pool, Mayor Attest: Appendix "A" APPROVED TREES 1. Live Oak (Quercus Virginiana) 2. Laurel Oak (Quercus Hemisphaerica) 3. Red Maple (Acer Barbatum) 4. Sweet Gum (Liquidambar Styraciflua) 5. Sycamore (Platanus Occidentalis} 6. Bald Cypress (Taxodium Distichum) 7. Southern Magnolia (Magnolia Grandiflora) 8. American Holly (Ilex Opaca) 9. Dahoon Holly (Ilex Cassine) 10. Cherry Laurel (Prunus Caroliniana) I1. Southern Red Cedar (Juniperus Silicicola) 12.. Flowering Dogwood (Corpus Florida) 13. Redbud (Cercis Canadensis) 14. Chickasaw Plum (Prunus Angustifolia) 15. Coast Pignut Hickory (Ca rya Glabra Megacarpa) 16. Fringe Tree (Chionanthus Virginica) 17. Loblolly Bay (Gordonia Lasianthus) 18. Ironwood (Carpinus Caroliniana) 19. Scrub Hickory (Carya Floridana) 20. Pignut Hickory (Carya Glabra) 21. Hackberry (Celtic Laevigata) 2?.. Sugarberry 23. Tulip Tree (Liriodendron Tulipfera} ?.4. Sweet Bay (Magnolia Virginiana) 25. Wax Myrtle (Myrica Cerifera) 26. Wild Olive - Devilwood (Osmanthus Americanus) 27. Red Bay (Persea Borgonia) ?.8. Sand Live Oak (Quercus Geminata) 29. Bluejack Oak (Quercus Incana} 3 0 . Turkey Oak (Que rcu s Laev i s ) 31. Myr tl a Oak (Qercus Myr ti fol ia) 32. Water Oak (Quercus Nigra) 33. Pond Cypress (Taxodium Ascendens) 34. Basswood (Tilia Americana) 35. Winged Elm, Cork Elm (Ulmus Alata) 36. American Elm, White Elm (Ulmus Americana) 37. Sparkleberry (Vaccinium Arborum) 38. Walter's Viburnum (Viburnum Obovatum) 39. Palatka Holly 40. Palm Tree s