(a) The City Council may designate any tree as a Monarch Tree, upon receiving a recommendation from the Tree Authority and determining that the tree is of exceptional value to the community because of unusual size, age, form, historic significance or other desirable characteristic. Such designation may be made only after a public hearing of City Council for the purpose of reviewing the recommendation and receiving the comments of interested parties. At least thirty days prior to said public hearing, notice shall be provided to the owner of each tree which has been recommended as a Monarch Tree by the Tree Authority. The notice shall state the purpose, time, date and place of the public hearing. Monarch Trees may be designated on either public or private property, including public property not controlled by the City.
(b) Property owners may apply to the City for cost-sharing in the maintenance of Monarch Trees located on their premises. Although proper maintenance is the legal responsibility of the owner, the City may subsidize significant preservation projects at any percentage up to fifty percent (50%) of their reasonable cost, subject to the City Manager’s determination that (i) the project is affordable, cost-effective and has priority, and (ii) sufficient funds are available for cost- sharing purposes at that time. The Tree Authority shall develop an application form and evaluation standards and procedures pursuant to this section, and may periodically recommend projects for funding, all subject to approval by the City Manager or the City Manager’s designee, and further subject to Municipal appropriations for such purpose.
(c) The application form and evaluation standards and procedures developed by the Tree Authority shall be designed to protect the City from any unintended financial obligation or any liability for damages to persons or property resulting or arising from work performed on a Monarch Tree. Under such a cost-sharing program, the City shall not be a party to a contract with any person or firm performing work on private property, and any property owner receiving cost- sharing shall as consideration therefor release and indemnify the City from all liability.
(d) Nothing in this section shall be construed to require the City to cost-share in any particular Monarch Tree maintenance project, regardless of its merit or the availability of funds.
(Ord. 00-18. Passed 3-2-00.)