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76-01 O - Establishing a Minimum Distance between Water Pipes -Ekt- &-WIR1t-v bk_ Ctet_, apt- a/ /491a. (17) 40 ,. CITY OF PROSPER, ORDINANCE NO . 7f— "AN ORDINANCE ESTABLISHING MINIMUM DISTANCES BETWEEN WATER PIPES, SEWER PIPES, GAS PIPES AND ELECTRIC CONDUITS; DECLARING A PUBLIC NUISANCE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE." WHEREAS, the City is charged with the protection of the health and general welfare of its citizens; and WHEREAS, the presence or installation of any water pipes, sewer pipes, gas pipes and electric conduits within a distance of less than nine (9) feet constitutes a continuing danger to such health and welfare . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS: SECTION 1 : Any and all water pipes, sewer pipes, gas pipes and electric conduits shall be spaced within a distance of not less than nine (9) feet from and apart from each other in a parallel line with each other and it shall be unlawful for any of the herein described pipe and conduit to be spaced (� within any distance which is less than nine (9) feet in a 11/ parallel line . SECTION 2: The presence or installation of any of the herein described pipe and conduit in violation of this Ordinance is hereby declared to be a public nuisance . Notwithstanding any penal provision afforded in this Ordinance , the City Attorney is authorized to file suit on behalf of the City of Prosper for such injunctive relief as may be necessary to prevent the violation of any provision of this Ordinance . SECTION 3: 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, however, that such penal provision shall not preclude Et suit to enjoin such violation. SECTION 4: The caption of this Ordinance shall be published one (1 ) time in a weekly newspaper having general publication in the City of Prosper, Texas, and said Ordinance 460 shall be effective immediately upon its adoption and publication and it is so ordered. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS, on this the /.� '� day of g/o/f/Z , 1976 . Mayor, City of rosper CORRECTLY RECORDED: 1?2,24M-e. dpe City Secretary (610