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HomeMy WebLinkAbout2000-OR-59 1 2 3 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 STATE OF iNDIANA BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE ORDINANCE NO. 2000-OR- 5q AN ORDINANCE ESTABLISHING STREET TREE PLANTING PROGRAM AND NON-REVERTING FUND WHEREAS, the Common Council of the City of Jeffersonville is the city legislative body and is by Indiana law authorized to adopt ordinances allowing money to be disbursed for lawful City purposes; WHEREAS, the Common Council of the City of Jeffersonville recognizes the need for beautification of neighborhoods and specifically, the planting of trees within the easement between the sidewalk and street to promote green space within the city; WHEREAS, the Common Council of the City of Jeffersonville believes in improving the quality of life for the residents of the City; NOW, THEREFORE, BE IT ORDAINED that there is hereby created a non-reverting fund in the Board of Public Works and Safety budget entitled Street Tree Planting Non-Reverting Fund. The Common Council of the City of Jeffersonville may appropriate tax funds for expenditure from the Street Tree Planting fund; BE IT FURTHER ORDAINED that the City Engineer and the Director of Plarming and Development shall prioritize applications for tree planting projects eligible to receiving matching funds from the Street Tree Planting Non-Reverting Fund, giving preference to residential property owners; BE IT FURTHER ORDAINED that the City Engineer and the Director of Planning of Development shall develop application forms and development standards for tree planting projects; BE IT FURTHER ORDAINED that the Director of Planning and Development shall periodically advertise that the City is accepting applications from property owners who desire to participate in the tree planting program and only those applications shall be considered; BE IT FURTHER ORDAINED that the Board of Public Works and Safety shall adopt rules, as it deems necessary, for the efficient administration of the tree planting program through the use of the Street Tree Planting Non-Reverting Fund; BE IT FURTHER ORDAINED that the Director of Planning and Development shall formalize a list of native species trees that would be suitable for planting and shall consult with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 property owner as to which tree is acceptable; BE IT FURTHER ORDAINED that the trees planted shall be native species to the local area and shall be of the type that shall have the least amount of interference with traffic, utilities, or infrastructure; BE IT FURTHER ORDAINED that the trees shall be planted within the easement; BE IT FURTHER ORDAINED that approved tree planting projects shall be funded from the Street Tree Planting Non-Reverting Fund on a 50/50 basis with the property owner providing 50% of the necessary funds and the City providing 50% of the necessary funds; BE IT FURTHER ORDAINED that the property owner must deposit with the Clerk- Treasurer 50% of the approved tree planting project's estimated cost prior to beginning planting. The Clerk-Treasurer shall hold the property owner's deposit in escrow pending completion of the project; BE IT FURTHER ORDAINED that the Board of Public Works and Safety shall approve the contractor/nursery proposed to perform the approved tree planting project as the lowest responsible and responsive bidder for the project, or a group of approved projects; BE IT FURTHER ORDAINED that after completion of the tree planting program and the City Engineer's inspection and acceptance of the project, the final cost of the project shall be forwarded to the Clerk-Treasurer. If the project cost is in excess of the estimate, the property owner must remit to the Clerk-Treasurer 50% of the excess cost within 15 days of receiving written notice of the excess. If the property owner fails to timely remit the excess, the City Engineer shall file a lien against the property owner as provided for under I.C. 36-1-6-2. If the project is completed at a cost less than the estimate, the Clerk-Treasurer shall promptly remit 50% of the savings to the property owner. BE IT FURTHER ORDAINED that after completion of the project and refund of any savings to the property owner, the Clerk-Treasurer must deposit the property owner's share of the project cost into the Street Tree Planting Non-Reverting Fund. BE IT FURTHER ORDAINED that the property owner shall be eligible for one (1) tree per parcel each calendar year. This Ordinance shall be in the full force and effect upon its adoption. SO ORDAINED on this ~O~ day of ~_'~'~llL~ ,2000. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, iNDIANA 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 TB n Presiding Officer ATTEST: r Clerk and Treasurer q Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this day of _[kl~,~l_'g~h ,2000. Peggy W~l~er Clerk and Treasurer Approved and signed by me this ~ ~, ~.~ ,2000. \~Th6fnas R. Galligaft, I~