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HomeMy WebLinkAboutOrdinance No. 02-1424 CITY OF THE COLONY, TEXAS ORDINANCE NO. 02-1424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING ARTICLE 'VII, CHAPTER 10, OF THE CITY'S CODE OF ORDINANCES, BY ADDING TO SECTION 10-99, RESPONSIBILITY OF MAINTENANCE, SUBSECTION H, I AND SUBSECTION J; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR A NOTICE FOR PROVISION; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, located in Denton County, Texas, is a Home Rule Municipality possessing the full power of local self government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Govemment Code and its Home Rule Charter; and WHEREAS, it is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the City of The Colony, Texas; and WHEREAS, it is the intent of the Council of the City of The Colony, Texas that the terms of this ordinance shall be construed so as to promote the protection of community residents from personal injury and property damage, and the protection of the City of The Colony, Texas from property damage, caused or threatened by the improper planting, maintenance, or removal of trees, shrubs, or other plants located within the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Article VII, Chapter 10, Section 10-99 of the Code of Ordinances shall be amended by adding the following: F:\DOC\trees 12-17-02.doc Page 1 (H) It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the City to keep and maintain the trees, shrubs and other plants in such a manner that the branches shall not be located within five (5) feet of a street light fixture, and that the branches shall not obstruct a city street light fixture fro illuminating a city street, alley or sidewalk. (I) Any Person in violation of Sub-section (H) shall be notified by mail and given 45 days to correct violation. If the violation is not corrected in 45 days, the City may cut, trim, prone, spray or remove any tree(s), shrub(s), or other plant(s) which are in violation at the property owners expense, as outlined in Section 10-85 of Article V of this chapter. (J) The City shall have authority at any time to cut, trim, prune, spray or remove any tree(s), shrub(s), or other plant(s) within the lines of streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety. Section 2. Severabili~,. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 3. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2000.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 4. Savines. This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 5. Publication. The City Secretary of the City of The Colony is hereby directed to publish in one issue of the Official newspaper of the City of The Colony, the Caption, Penalty, Notice and Effective Date Clause of this Ordinance as required by Section 52.013 of the Texas Local Government Code. Section 6. Engrossment and Enrollment. The City Secretary of the City of The Colony is hereby directed to engross and enroll this Ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. F:~DOC\trees 12-17-02.doc Page 2 Section 7. Effective Date. This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this the 16th day of December 2002. City of The Colony, Texas Patti A. Hicks, TRMC, City Secretary City of The Colony, Texas [Seal] APPROVED AS TO FORM: ~C~rxl~n R. Hil~e~"l,COg~y Attorney (~__ ~Git~ of The Colony, Texas F:~DOC\trees 12-17-02.doc Page 3