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HomeMy Public PortalAboutRES 93/12RESOLUTION NO. 93 -12 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A BILL TO BE PRESENTED TO THE LOCAL LEGISLATIVE DELEGATION SO AS TO AMEND CHAPTER 92 -152, LAWS OF FLORIDA, AT SECTION 165, SO AS TO ALLOW WITHIN THE HISTORIC AND SCENIC HIGHWAY OF AlA BETWEEN PELICAN LANE AND SEA ROAD IN THE TOWN OF GULF STREAM THE PLANTING OF THE SPECIES CASUARINA EQUISETIFOLIA, THEREBY PROVIDING AN EXEMPTION TO FLORIDA STATUE 369.251 WHEREAS, the Legislature of the State of Florida has previously adopted Chapter 92 -152, Laws of Florida, which law provides at Section 165 thereof that North Ocean Boulevard, including those portions of State Highway AlA between Pelican Lane on the south and Sea Road on the north in the Town of Gulf Stream, be designated as a state historic and scenic highway; and WHEREAS, said area maintains its original character and appearance in great contrast to other more modern highways and roads in Palm Beach County, providing a visible and tangible reminder of the heritage of Gulf Stream and representing a link with the past of southern Florida which, once destroyed could never be restored; and WHEREAS, the presence of the species Casuarina equisetifolia planted within such corridor contributes greatly to the character and appearance of this area creates a tree lined canopy; and WHEREAS, there has been significant loss of many of these species of trees recently, which loss has caused and may continue to cause an adverse and detrimental effect on the historic nature of this corridor; and WHEREAS, it is necessary, in order to preserve and maintain the original character and appearance of this corridor, to replant the species Casuarina equisetifolia; and WHEREAS, Florida Statute 369.251 provides a prohibition on the planting of said species. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AS FOLLOWS: Section 1. The Town Commission hereby authorizes the preparation of a bill to be proposed to the local legislative delegation for consideration by the Legislature of the State of Florida in the form and manner attached hereto as Exhibit "A ", the title of said bill to read as follows: A BILL AMENDING CHAPTER 92 -152 LAWS OF FLORIDA AT SECTION 165 SO AS TO ALLOW WITHIN THE HISTORIC AND SCENIC HIGHWAY OF AlA BETWEEN PELICAN LANE AND SEA ROAD IN THE TOWN OF GULF STREAM THE PLANTING OF THE SPECIES CASUARINA EQUISETIFOLIA, THEREBY PROVIDING AN EXEMPTION TO FLORIDA STATUTE 369.251 Section 2. Copies of said bill shall be provided to the local legislative delegation. Section 3. The Town Commission requests the support of the local legislative delegation of this bill and its recommendation for approval by the Legislature of the State of Florida. PASSED AND ADOPTED THIS /Z DAY OF //a y e m be-,- , 1993. (SEAL) AT EST: �.` Z TOWN CL RK JCR \13147-01 \A1A.RES OWN OF k' ST , FT,ORIDA R _�i VICE;,/MAYOR 1l 61� V COMMI S NER COMMISSIONER COMMISSIONER EXHIBIT A A bill amending Chapter 92 -152 Laws of Florida at Section 165 so as to allow within the historic and scenic highway of AlA between Pelican Lane and Sea Road in the Town of Gulf Stream the planting of the species Casuarina equisetifolia, thereby providing an exemption to Florida Statute 369.251; providing an effective date. Be It Enacted by the Legislature of the State of Florida that Chapter 92 -152 Laws of Florida is hereby amended at Section 165 as follows: (1) As used in this Section, "AlA, 11 also known as "North Ocean Boulevard" means those portions of State Highway AlA located between Pelican Lane on the south and Sea Road on the north in the town of Gulf Stream, Palm Beach County. (2) That portion of A1A described in this section as a "highway" is hereby designated as a state historic and scenic highway. No state funds shall be expended with regard to such highway by any public body or agency for the following purposes: (a) To cut or remove any tree having a diameter at its thickest part in excess of 4 inches, when situated within 35 feet of either side of the paved surface of the highway and which is not a safety hazard, unless such tree is replaced. (b) To alter the physical dimensions or location of the highway except for the addition of primary or secondary roads intersecting the limits of AlA. CODING: Words stricken are deletions; words underlined are additions. , i (3 ) Nothing in this section shall be construed to prevent the ordinary maintenance and repair of AlA, provided the physical dimensions and location of the highway are preserved, nor to prevent any work that is necessary for the public health or safety as determined by the agency having jurisdiction over the portion of AlA involved, nor to prevent such action deemed necessary to clear or maintain the highway subsequent to a natural disaster, such as a hurricane. The term "ordinary maintenance" means those activities necessary to preserve the existing traffic patterns and to accommodate the volume of traffic operation in AlA on the effective date of this act. (4) In order to preserve the historic character and integrity of AlA, there shall be no prohibition upon the planting of the species Casuarina equisetifolia. The Department of Natural Resources is hereby authorized to grant permits for the purpose of allowing the sale transport, possession, cultivation and planting of the species Casuarina equisetifolia within the AlA historic and scenic highway. (5) The Division of Historical Resources of the Department of State shall provide for the erection of suitable markers on and along AlA. (6) The provisions of this act shall not supersede a more restrictive law, ordinance, or rule already in effect or taking effect after the effective date of this act, except to the extent that there is hereby created a specific exemption to Florida Statute 369.251 and the Rules of the Department of Natural Resources relating to said section This act shall take effect upon becoming a law. CODING: Words stricken are deletions; words underlined are additions.