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:
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VICE;,/MAYOR
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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.