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HomeMy WebLinkAboutOrdinance 93- 1364, Adds Ch. 2.88, tree advisory board ---- .....- ..... .~- -. ~ ' . ORDINANCE NO. 1364 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.88: PROVIDING FOR THE CREATION AND MEMBERSHIP OF THE BOZEMAN TREE ADVISORY BOARD (BT AB) AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. WHEREAS, the City of Bozeman, Montana wishes to encourage the beautification of city streets; WHEREAS, trees can cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; WHEREAS, the City Commission has determined that a healthy urban forest adds to the quality of life of its citizens; WHEREAS, the City Commission desires to protect and improve its urban forest; and WHEREAS, the advice of interested qualified members of the community is sought by the Bozeman City Commission. NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That title 2 of the Bozeman Municipal Code be amended by adding a new Chapter to be numbered Chapter 2.88, to read as follows: "Chapter 2.88 - Bozeman Tree Advisory Board (BTAB) Section 2.88.010 - Purpose. The purpose and intent of this ordinance is to provide for an advisory board of citizens of Bozeman, Montana to assist or advise in the promotion of urban forestry; the education of the general public toward the value, benefits and necessity of urban trees; the promotion of and use of professionaily recognized arboricultural practices; the recommendation of programs and policies dealing with planting, maintenance, and removal of trees, shrubs and other plants and other tree related matters; and the development and periodic review of the master street tree plan. ____ _.. _u_____ . ' Section 2.88.020 - Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory. PUBLIC WAY: all City property deeded or recorded as streets, roads, boulevards, alleys, sidewalks and parking strips. PUBLIC AREA: Sunset Hills Cemetery, public ways, city parks and all other lands owned, leased, managed or occupied by the City. Section 2.84.030 - Creation. The Bozeman City Commission hereby creates the Bozeman Tree Advisory Board, hereinafter referred to as "BTAB". BT AB shall act as an advisory board to the City Commission. BTAB shall have the following duties and responsibilities: A. Give guidance and advice to the City in determining the needs of the City's tree program; B. Conduct street tree inquests pursuant to Chapter 12.30; C. Consider and recommend for adoption to the City Commission, an Arboricultural Specifications Manual and revision as necessary; D. Assist in the selection of applicants for cost share tree planting and tree transplanting from the City nursery for use in the public way only; E. Make recommendations as to the type and kind of trees to be planted upon the City streets and public areas; F. Assist in conducting appraisals, title searches, surveys, studies and other preliminary plans and work necessary to prepare for the establishment of the Master Street Tree Plan and recommend an urban forestry plan and the Master Street Tree Plan to the City Commission for its acceptance; G. Study the closing, vacating, planning or replanning of public ways, streets, roads, sidewalks, railroad spurs, sewer lines, and make recommendations with respect to urban forestry; H. Periodically review Master Street Tree Plan and recommend changes to City Commission; I. Work with other appropriate boards to update the City of Bozeman Street Tree and Park Tree Inventory. J. Perform such duties and responsibilities as the City Commission from time to time may direct; and - 2 - . -. ---.. -.. . ; , . Section 2.88.040 - Membership. A. STAB shall consist of five (5) voting members, to be appointed by the City Commission. Members shall serve two years each, provided that the members initially appointed shall be appointed two for one year and three for two years so they will serve staggered terms. S. Whenever possible, two of the members shall be from the following disciplines: real estate, commercial lending, civil or environmental engineering, or landscape architecture or construction. C. Each member shall hold office until the member's successor has been appointed and has qualified, except as provided in Paragraph F below. D. A member shall receive no compensation for the member's services but shall be entitled to previously authorized expenses, including traveling expenses, incurred in the discharge of the member's duties. E. Members shall be residents of the City, own property within the City, or be gainfully employed within the City. F. A member will be removed for inefficiency, neglect of duty, misconduct in office or three (3) unauthorized absences from regularly scheduled Board meetings. G. The City Manager, or a designee, shall be an ex-officio, non- voting member of the board. The City Manager or designee shall keep the board informed as to City policies and city budget affecting BT AB, and to make available to them any information which the City Manager or designee deems pertinent. Section 2.88.050 - Meetings. A. TAB shall hold meetings as it deems necessary to execute its duties and responsibilities but not less often than quarterly. B. Meetings shall be conducted in accordance with all applicable rules and regulations of the City of Bozeman and the adopted and approved by the laws of BT AB. Section 2.88.070 BTAB shall file with the City Commission, on or before March 31 of each year, a report of its activities for the preceding calendar year." Section 2 REPEALER All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. Section 3 SEVERABILITY If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this - 3 - ._...~~. ~ , . ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. Section 4 EFFECTIVE DATE This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 12th day of April 1993. ATTEST: v~y~ ROBIN L. SULLIVAN Clerk of the Commission . , FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, "- Montana, at a regular session thereof held on the 26th day of April 1993. ~9~~ Mayor ATTEST: r2L~J~ ROBIN L. SULLIVAN Clerk of the Commission " " - 4 - ------ - .___.__._ .___....u ______...._....n__.' _.____