O-1961-7-01ORDINANCE NO. 1961-7-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 14, "UTILFFIES," ARTICLE I, SECTION 14-10, "TAMPERING AND
DESTRUCTION," TO PROHIBIT UNLAWFUL RESTORATION OF WATER
SERVICE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is
hereby amended by amending Chapter 14, "Utilities," Article I, Section 14-10, "Tampering and Destruction,"
to prohibit the unlawful restoration of service, in part to read as follows:
"ARTICLE I.
Sec. 14-10. Tampering With or Damaging Waterworks or Sanitary, Sewer Systems;
' Unlawful Use of Water.
(a) It shall be unlawful for any person to tamper a alter any component of the City
waterworks and sanitary sewer system including valves, meters, meter boxes, and lids,
hydrants, Imes, pump stations, ground storage tanks and elevated storage tanks. This shall
include the direct or indirect efforts to restore water service without the approval of the City.
(b) A person commits an offense if, without the written permission of the City Manager
or designee, the person knowingly causes, suffers or permits the restoration of water service
to premises after City termination of service. For purposes of this section it shall be
presumed that the owner, occupant or person in control of the premises caused, suffered, or
permitted the unlawful restoration of service."
SECTION 2. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the Code of Ordinances of the City of Allen, as previously amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
' SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance
shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as
heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2000) for each offense, and each and every day such violation shall continue be deemed to
constitute a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 5'ra DAY OF JULY, 2001.
APPROVED:
Step en r, -n,% -MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CfTY ATTORNEY JuAy Mo n, CMC/AAE, CITY SECRETARY
Ordinance No. 1961-7-01, Page 2