Planting in City Right of WayRESOLUTION N0.2008 -13
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council for the City of Blair, Nebraska has traditionally
supported the planting and maintenance of trees; and
WHEREAS, the City of Blair has been recognized as a Tree City USA for over 24 years;
and
WHEREAS, the cost of tree maintenance is an ever increasing burden on the city budget;
and
WHEREAS, it is the desire of the Mayor and City Council to better outline and establish
the duties, obligations, and responsibilities of the City and the real property owners of the City of
Blair relating to trees located on the public right of way within the City of Blair; and
WHEREAS, the Mayor and City Council have determined that it is in the best interest of
the City and the real property owners of the City of Blair to adopt a specific policy governing the
planting and maintenance of trees located on the public right of way within the City of Blair; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council for the City of
Blair, Nebraska that the following shall be the policy for planting and maintaining trees located
on the public right of way within the City of Blair:
1. Concerning all trees planted prior to the effective date of this resolution located
on the public right of way (ROW) it shall be the responsibility of the City of Blair
to maintain as follows:
a.) City trees (on city ROW) that are dead and/or diseased and determined to
be in need of removal by either the City staff or the State Arborist, or
his/her representative, shall be removed by the City by requesting bids
from licensed tree contractors. The removal shall include grinding the
stump unless it is determined by staff that the removal on the stump is not
necessary.
b.) City Trees that are determined to be an immediate danger will be
identified as such and the Director of Public Works will contact the first
available licensed tree contractor and have the tree removed as quickly as
practical.
c.) City trees that have a broken limb(s) caused by wind or storms that are
still in the tree shall be removed by the City as soon as practical by
utilizing the first available City licensed tree contractor. Bids will not be
required in the essence of public safety.
d.) City trees that have dead limb(s), but the rest of the tree is found to be
healthy, will not be dead wooded unless the limb breaks away and is hung
up in the tree, or it is determined by the State Forester to be a potential
hazard, in which case the City will contact the first available licensed tree
contractor to have the limb(s) removed as quickly as practical.
e.) Tree limb(s) that fall onto the City ROW (excluding the driving surface of
the street) or private property will be the responsibility of the adjoining
property owner to collect and dispose of either through their solid waste
collection or the City provided tree limb disposal site at the recycling
center at 3rd Ave and Colfax St. (The only deviation of this policy would
be in the case of a large storm that causes significant tree damage
throughout the city, in which case the Mayor or City Administrator may
direct the Director of Public Works to utilize City employees to assist in
debris clean up and disposal.
£) Should a real property owner no longer desire to have a city tree in the
right of way in front of their property, and the City determines that the tree
is not a public hazard, then the adjoining real property owner may request
permission to remove the tree at the property owner's cost.
2. Trees planted after the effective date of this resolution on public right of ways
shall be governed by Section 8-108, 8-108.1 and Section 8-108.2 of the Municipal
Code.
BE IT FURTHER RESOLVED that nothing in this policy shall create any liability in the
City of Blair for any type of damage relating to any persons, real property or personal property
caused by or relating to trees for any reason including natural causes such as, but not limited to,
wind, rain, ice, snow, sleet, and lightning; and
FURTHER BE IT RESOLVED that the effective date of this policy shall be immediately
upon the passing of this resolution and the publishing as required by law.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLLCALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWLL, FANOELE,
CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND
COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF APRIL, 2008.
CITY OF BLAIR, NEBRASKA
BY ~9
J E. REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
:ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on
the 8th day of April, 2008. ? f'
s~
,~
BRENDA WHEELER, CITY CLERK