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2006-011 S:\Our Documents\Ordinanccs\06\DCA05-0007.doc ORDINANCE NO.;< DOra - 0 1/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SECTION 35.13.7. OF THE DENTON DEVELOPMENT CODE, DEFINING PROFESSIONALS QUALIFIED TO SUBMIT TREE INVENTORIES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCA05-0007). WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code") and WHEREAS, after providing notice and after conducting a public hearing as required by law on December 14, 2005, the Planning and Zoning Commission recommended approval of certain changes to Section 35.13.7 of the Denton Development Code adding professional land surveyors to the list of professionals qualified to submit tree inventories; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitati9ns contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Subchapter 13.7.A.4.d. is hereby amended to read as follows: "d. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must be submitted with a tree removal permit application prepared by: 1. a registered landscape architect; 2. an urban forester; 3. a botanist; 4. an arborist; or . 5. a professional land surveyor that has documented completion of at least eight (8) hours of training in Texas tree identification." SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,090.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite such invalidity. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 3 A.d day of 1}a-1I..LA a A (f 2006. c~AvJG EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD A TTORNE