82-VRESOLUTION NO. 82- ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, CONTINUING THE
URBAN FORESTRY PROGRAM UNDER THE PROVISIONS OF
CHAPTER 71-183 L~WS OF FLOR!IDA.~, ~9~ ~SECTIONS
589.28 - 589.34, FLO~IDB ST!ATUTES.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the City Council of the City of Boynton
Beach, Florida, wishes to extend the original Contract with the
State of Florida, Department of Agriculture and Consumer Services
Division of Forestry, to continue for the third year, the Urban
Forestry Program now in effect under the provisions of Chapter
71-183 Laws of Florida, 1971, Sections 589.28 through 589.34,
Florida Statutes. Contract esta'blishing sUbject program was
executed on March 1, 1980 (Copy attached hereto and made a part
hereof).
PASSED AND ADOPTED this 16th day of March, 1982.
CITY OF BOYNTON BEACH, FLORIDA
Ma yo r /~'
Council
~City Clerk
(Corp. Seal)
CONTRACT
WHEREAS, by the ~erms and prov'~sions of Chapter 71-]83 Laws of Florida, 197t
(Sections 589,28-589.3a., Florida Statutes, as amended by the 1971 Le§islature)~
the. City of Boynton Beach, Florida, hereinafter referred, to as the "City"~ is
authorized to appropriate funds and to enter into a cooperative a~lreeme~t ~.~tY~
the Department of Agr~iculture and Consumer Services, Division of Forestry~ here~n'~
after referred to as the."Department',, for the purpose of stimulating the produc~
tion of timber wealth through the proper use~of forest lands ~.~ithin the City ap~
making and-keeping t~e lands best suited-to that purpose profitable to the owner
thereof, the City and the State; and to protect and improve l~he beauty of urban
and suburban areas, by helping to creat~ in them an attractive and health~
environment throu§h proper use of trees and related plant associations;
WHEREAS~ .by the provisions of the said Chapter (Section 589.29, Florida
Statutes), the'Department is authorized to provide forest-, relate~ assistance to
counties and municipalities.
WHEREAS, an the 15th day of January, 1980, the C?ty Council for the C~ty did~
by resolution duly adopted at a regular meetin§-of'the sa~d Council, determine that
it is to the best interests of the City and indivfduat la'ndowners therei: that the
production o.f timber wealth through the proper use of-forest lands and the. protec~
tion and improvement of the beauty of~urban and suburban area be stimutate~ by
entering into a cooperative agreement ~'~th the Department, as authorized by the
said Florida Statutes:
NOW, THEREFORE, 'this cooperativ~ agraem'en~ ~ade and ent6red into on this
day of ~arch~ 1980~ by and between the City of Boynton Beach, a duly const~tu~te~i
municipality of the State of Florida, acting by and through' the authorfty o1:
City Council heretofore duly elected and. qualified, hereinafte~ designated as the
"City", and the State of Florida, Department of A§ricu~ture and Consumer Se~ruices,
Division of Forestry, a department of government of the State of Florida, herein-
after designated as the "Dgpartment".
HITNESSETH, that for and in consideration of the mutual covenents here~n~
recited of the respective parties hereto to be performed and the carrying into
effect the said resolution of the City Council and of the provisions of the govern-
ing statutes of the State o~ Florida recited in the preamble hereof, it is agreed:
1. This cooperative agreement shall, be effective on the 1st day of March~'
1980, and continue in full force and effect for one year thereafter unless 3.0 days
written notice is given by either party to the other of the ~ntent to cancel thi~
agreement°
2o ~Fhe City, Shall pay ~to the Department from the general reYenue funds of
the City annuall~ a sum equal to 40% of the amount Necessary to provide one man
year of assistance up %o a maximum of $3,000. per annum for each man year covered
by this agreement. 'Thi~ agreement provides for one (1') man year of assistance
and a maximum payment by the City of $3,000 per year~ The Depar~h~ent shall
provide the balance of the monies necessar~ to fund the Object, yes of this agree~
ment.
3. -'The amount of money payable by th.e City to th~ Department un'der the
terms .of this agreement shall be paid as .follows: one-half ($1',500) the contrac-
ted amount shall be paid upon execution of this contract and one-half ($1,500)
shall be pai~ at the end of a six-months period from the execution 'date of this
contract, Said payments when made shall be'deposited by the Department in the
Incidental Trust Fund of the D~vision of Forestry.
,~ The Depar.tment shall supply o.ne (1) man year-'.of forestry assistance
whose duty it w~ll be to assure continuous growth value to timber landowners, and
protection and improvement o~ the beauty of the urban an~ subt;rban areas'of the
City.- The District Forester or his representative shall be responsible to the
Directo'r of the Division of Forestry for the faithful performance of ~e du't~es
assigned to him by the Division in carrying out this agreement.
" §~ The Department shall select, employ and supervise th~ ~.~ork of such per-
sons employed to carry out the provisions of this agreement,
6. Upon termination of this agreement, the balance of all unexpended fun~
shall, be r. eturned pro rata to the Division of Forestry and ~he City as p~ovided
~n Section 589~33, Florida Statutes.'
7. ~ot later than one month after the end of the contracted year, the
Department ¥~tl furnish the City ~,~ith a report covering the line of ~-~ork under-
taken, the results obtained, and the forestry needs of the City..
8.- No amendment, revision, alteration or change in th~ provisfons of this
agreement, or any addition thereto or extension thereof, shall be valid an.~' bind-
in§ upon the parties hereto, or either of them unless each amendment, revision~
alteration, change, ~dditio6 or extension be reduced to ~miting and executed. ~¥
the parties hereto..
~N WITNESS WHEREOF, the parties have caused this a§reement to be executed
in quadruplicate the. day and year first above wnitten.
STATE' OF FLORIDA, DEPARTr-IE~iT OF.
AGRICULTURE AHD CONSUMER SERVICES
DIVISION OF FORESTRY
Witness~7
THE CITY OF BOYNTON BEACh,-
BEACH, FLORIDA
Attest~~ . - Clerk,