O-160-2-74 a(
CITY OF ALLEN ORDINANCE NO . 160
AN ORDINANCE PROHIBITING THE OBSTRUCTION OF
UTILITY EASEMENTS IN THE WIND RIDGE ADDITION
NO . 1 TO THE CITY OF ALLEN , TEXAS; PROVIDING
DEFINITIONS; DECLARING THE OBSTRUCTION OF
UTILITY EASMENTS TO BE A PUBLIC NUISANCE;
PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR
A PENALTY THEREOF; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
WHEREAS , the City Council of the City of Allen
is charged with the responsibility of providing for
the public health and welfare of the residents of
the City of Allen; and,
WHEREAS, such public health ana welfare demands
that utility easements in Wind Ridge Addition No . 1
be kept free from any barrier or obstruction so that
ready access is made available thereto .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ALLEN, TEXAS:
SECTION 1 - Definitions : As used in this Ordinance :
a) "Obstruction of utility easements"means any
obstruction barrier which is intended or will
prevent free and uncumbered access to a utility
easement and is illustrated by, but not limited
to, the following:
fencing of any nature; blockades, barriers,
structures of any type .
b) "Person" means a natural or legal person,
parent, guardian, association, firm or company,
whether incorporated or unincorporated.
SECTION 2 - Prohibition: It shall be unlawful
for any person to create any obstruction of utility
easements in the Wind Ridge Addition No . 1 to the
City of Allen, Texas, as that term is heretofore
defined, or to permit any such violation of this
Ordinance .
SECTION 3 - Public Nuisance : The presence of
any obstruction of a utility easement in the Wind
Ridge Addition No. 1 to the City of Allen, Texas ,
in violation of this Ordinance is hereby declared
to be a public nuisance . Notwithstanding any penal
provision afforded in this Ordinancd, the City Attorney
is authorized to file suit on behalf of the City of
Allen for such injunctive relief as may be necessary
to prevent the violation of any provisions of this
Ordinance .
SECTION 4 - Penalty: Any person who violates any
provision of this Ordinance shall be guilty of a misdemeanor
and upon conviction therefor shall be fined any sum not
exceeding $200.00 . Each day that a violation continues
shall be considered a separate offense ; providing, how-
ever, that such penal provision shall not preclude a suit
to enjoin such a violation.
SECTION 5 - Savings Clause : That should any part or
portion of this Ordinance be declared unconstitutional by
a Court of competent jurisdiction, it is expressly provided
that the remaining portion of this Ordinance shall remain
in full force and effect .
SECTION 6 - Publication: The caption of this
Ordinance shall be published one (1) time in a weekly
newspaper having general publication in the City of
Allen, Texas, and said Ordinance shall be effective
immediately upon its adoption and publication and it
is so ordered.
DULY PASSED AND APPROVED BY THE CITY COUNCIL
�y
OF THE CITY OF ALLEN, TEXAS , on this the / �--) day of
/6!S' eUAdV , 1974
1
Franc Dugg r
Mayor, City of Al le , axes
CORRECTLY RECORDED:
lX
CITY SECRETARZO