HomeMy WebLinkAbout876 02-25-1986ORDINANCE NO. 876
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS, CREATING THE EULESS TREE BOARD; PROVIDING THE
RULES AND REGULATIONS FOR THE PLANTING AND MAINTENANCE
OF TREES ON PUBLIC LANDS DEDICATED TO AND OWNED BY THE
CITY OF EULESS WITHIN AND WITHOUT THE CITY LIMITS;
PROVIDING A PENALTY FOR FAILURE TO CONFORM TO ORDINANCE
REGULATIONS; AND DECLARING AN EMERGENCY.
WHEREAS, the Citizens of Euless have long valued the TREES as a natural and
often irreplaceable community resource and recognize them as assets for their
beauty and service; and
WHEREAS, the Citizens of Euless sense an obligation to protect and promote
trees as one fulfillment of their civic responsibilities for present as well as
future generations,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Euless,
Texas:
Section is Definitions
STREET TREES: "Street Trees" is herein defined as trees, shrubs, bushes and
all other woody vegetation on land lying between the curb, pavement line and
the property lines on either side of all streets, avenues or ways within the
City.
PARK TREES: "Park Trees" is 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 Euless Tree Board
There is hereby created and established a Euless Tree Board for the City of
Euless, Texas, which shall consist of the members of the Park and Recreation
Board of the City of Euless.
Section 3: Compensation
Members of the Euless Tree Board shall serve without compensation.
Section 4: Duties and Responsibilities
It shall be the responsibility of the Board to study, investigate, council and
develop and /or update annually a written plan for the care, preservation,
trimming, planting, replanting, removal or disposition of trees and shrubs in
public ways, streets and alleys. Such a plan will be presented annually to the
City Council, and upon acceptance and approval of the City Council, shall
constitute the official comprehensive City Tree Plan for the City of Euless,
Texas.
The Euless Tree Board, or its Agent, shall be responsible for the planting,
pruning and removal of all trees located within the street rights -of -way,
easements, alleys and parks of the City of Euless. The owner of land abutting
on any street may, when acting within the provisions of this ordinance, prune,
spray, plant or remove trees in that part of the street abutting his land.
Permission of the Euless Tree Board shall only be required when the owner of the
abutting property intends to deviate from the rules and regulations contained
in this ordinance.
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.
ORDINANCE NO. 876 , PAGE TWO OF SIX
Section 5: Operation
The Board shall choose its own officers, make its own rules and regulations and
keep a journal of its proceedings. A majority of the members shall be a quorum
for the transaction of business.
Section 6: Street Tree Species to be Planted
Small Trees Medium Trees
Redbud
Hawthorn
Flowering Dogwood (except
Southwest part of City)
Crepe Myrtle
Japanese Black Pine
Gum Elastic
Arizona Cypress
Eastern Red Cedar
Mesquite
Mexican Plum
Callary Pear
Section 7: Spaci
Golden Raintree
Bald Cypress
Sweetgum (except in
Southwest part of City)
Caddo Maple
Loblolly Pine (except
Southwest part of City)
Slash Pine
Big Tooth Maple
River Birch
Deodar Cedar
Desert Willow
Western Soap Berry
Chinese Elm (Parvifolia)
Large Trees
Live Oak
Bur Oak
Red Oak (Shumard)
Water Oak (except
Southwest part
of City)
Chinese Pistachio
Cedar Elm
Chinese Tallow
Southern Magnolia
Pecan
The spacing of street trees will be in accordance with the three species size
classes listed in Section 6 of this ordinance, and no trees may be planted
closer together than the following (without approval of the Euless Tree Board):
Small Trees, 20 feet; Medium Trees, 30 feet; and Large Trees, 40 feet.
Section 8: Distance from Curb and Sidewalk
The distance trees may be planted from curbs or curblines and sidewalks will be
in accordance with the three species size classes listed in Section 6 of this
ordinance, and no trees may be planted closer to any curb or sidewalk than the
following: Small Trees, two (2) feet; Medium Trees, three (3) feet; and Large
Trees, four (4) feet in accordance with existing City ordinances.
ORDINANCE NO. 876 , PAGE THREE OF SIX
Section 9: Distance from Street Corners and Firepluqs
No street tree shall be planted closer than 20 feet of any street corner,
measured from the point of nearest intersecting curbs or curblines. No street
tree shall be planted closer than 10 feet of any fireplug.
Section 10: Utilities
No street trees other than those species listed as Small Trees in Section 6 of
this ordinance my be planted under or within ten (10) lateral feet of any
overhead utility wire, or over or within five (5) lateral feet of any under-
ground water line, sewer line, transmission line or other utility.
Section 11: Public Tree Care
The City shall have the right to plant, trim, spray, preserve and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes,
squares and public grounds, as may be necessary to insure safety when servicing
City utilities or to preserve the symmetry and beauty of such public grounds.
The Euless Tree Board may remove or cause or order to be removed, any tree or
part thereof which is located on public property or municipal utility easement,
which by reasons of its nature is injurious to sewers, electric power lines,
gas lines, water lines or other public improvements, or is affected with any
injurious fungus, insect or other pest.
Section 12: Trimming and Corner Clearance
Every owner of any tree overhanging any street or right -of -way within the City
shall trim the branches so that such branches shall not obstruct the light from
any street lamp or obstruct the view of any street intersection and so that
there shall be a clear space of eight feet (8 ft.) above the surface of the
street or right -of -way. The City shall have the right to trim any tree or shrub
on private property when it interferes with visibility of any traffic control
device or sign. Such trimming is to be confined to the area immediately above
the right -of -way.
ORDINANCE N0. 876 , PAGE FOUR OF SIX
Section 13: Interference with Euless Tree Board
It shall be unlawful for any person to prevent, delay or interfere with the
Euless Tree Board or its authorized agents, while engaging in and about the
planting, cultivating, mulching, pruning, spraying or removing of any street
trees and park trees as authorized in this ordinance.
Section 14: Review by City Council
The City Council shall have the right to review the conduct, acts and decisions
of the Euless Tree Board. Any person may appeal from any ruling or order of the
Euless Tree Board to the City Council who may hear the matter and make final
decision.
Section 15: Severability Clause.
It is hereby declared to be the intention of the City Council of the City of
Euless that the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable and if any phrase, clause, sentence, paragraph, or sec-
tion of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
or sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconsti-
tutional phrase.
Section 16: Penalty for Violation.
Any person, firm, or corporation violating the terms and provisions of this
ordinance, or the amendments to the City of Euless Charter hereby made, shall be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to
a fine in an amount not to exceed One- Thousand Dollars ($1,000), and each day
such violation shall be permitted to exist shall constitute a separate offense,
as provided by Ordinance No. 347, and subsequent amendments to the Euless City
Charter and the Statutes of the State of Texas.
ORDINANCE NO. 876 , PAGE FIVE OF SIX
E
Section 17: Emergency Clause
By the affirmative vote of four or more of its members, the City Council declares
that this is an ordinance for the immediate preservation of the public peace,
property, health and safety, and is an emergency measure within the meaning of
Article II, Section 11, of the City Charter; and the requirement that it be read
at two meetings, as specified in such Section 11, is hereby dispensed with.
Section 18: Effective Date
This ordinance shall be in full force and effect from and after its passage, as
provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED on first and final reading at a regular meeting of the
Euless City Council on the 25th day of February, 1986, by a vote of 5
ayes, 0 nays, and 0 abstentions.
APPROVED:
----lTaar`oTT-IT—Samue1s, mayor
ATTEST:
APPROVED AS TO FORM: U
ty Attorney
ORDINANCE NO. 876 , PAGE SIX OF SIX