06-003 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-03
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CREATING OFFENSES PERTAINING
TO ILLEGAL WATER CONNECTIONS AND/OR THE THEFT OF WATER AND METER OR
EQUIPMENT TAMPERING FOR THE TOWN OF PROSPER; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (the "Town") recognizes that the amount of water available to its
water customers is limited;and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the Town is authorized to adopt such
policies necessary to preserve and conserve available water supplies;and
WHEREAS,the Town seeks to adopt an ordinance pertaining to illegal water connections and theft of water;
and
WHEREAS, the Town Council of the Town ("Town Council") has further investigated and determined that it
will be advantageous and beneficial to the citizens of Prosper and will promote the public health, safety and welfare
to regulate and prevent water theft.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
Section 2. Offense Established. A person commits an offense of theft of water by any of the following
actions:
(a) A person may not tamper, connect to, or alter any component of the Town's water
system including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage
tanks, and elevated storage tanks. This shall include direct or indirect efforts to initiate or restore
water service without the approval of the Town.
(b) If, without the written consent of the Town Administrator or Manager or the Town
Administrator or Manager's designee,the person causes, suffers or allows the initiation or restoration
of water service to the property after termination of service(s). For purposes of this Section 2(b), it
shall be assumed that the owner, occupant, or person in control of the property caused, suffered, or
allowed the unlawful initiation or restoration of service(s).
(c)A person may not make or cause a false report to be made to the Town of a reading of a
water meter installed for metered billing.
(d) A person commits a separate offense each day that the person performs an act
prohibited by this Section 2 or fails to perform an act required by this section.
Section 3. Disconnections of Water Service an Reconnection Fee. Any violation of this Ordinance,
including the first offense, will result in forfeiture of any and all deposits, removal of meters, and/or discontinuance of
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water service by the Town. A five hundred ($500.00) reconnection fee will be required before the Town will restore
water service.
Section 4. Penalty. Any person violating the provisions of Section 2 of this Ordinance shall be deemed
guilty of the offense of criminal mischief, their offense shall be classified, whether a misdemeanor or a felony, in
accordance with Section 28.03 of the Texas Penal Code, as it exists or may be amended and, upon conviction
thereof, shall be punished in accordance with Section 28.03 of the Texas Penal Code, as it exists or may be
amended. For purposes of determining whether an offense has occurred, the presumption in Section 28.03(c) the
Texas Penal Code, as it exists or may be amended,shall apply.
Section 5. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance.Any remaining portions of said ordinances shall remain in full force and effect.
Section 6. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that
any one or more sections, subsections, sentences,clauses and phrases be declared unconstitutional or invalid.
Section 7..Effective Date. This Ordinance shall become effective from and after its adoption and publication as
required by law.
=DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 10th
day of January, 2006.
C L S NI ER or
ATTESTED AND CORRECTLY
RECORDED:
S ANAE JENNINGS own Secret
Date(s)of Publication: MN° 4-- U?_l lob , The Dallas Morning News—Collin County
Edition
I
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
• Before me, a Notary Public in and for Dallas County,this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News—Metro Collin County Edition on:
TOWN OF
PROSPER, TEXAS
ORDINANCE NO.06-03 • January 20, 2006
•
AN ORD.I.NANCE OF
S-
PA, OF PROS- January 21, 2006
PER, TEXAS, CREAT-
ING'1 OFFENSES PER-
• WATER.CONNECTIONS
WATERTAND-METER
OR EQUIPMENT TAM-
TOWN OF'FP
ROSTER
PROVIDING'FOR A
PENALTY FOR THE VI-
OLATION.-OF THIS OR-
FFORAREPLALRING,SIAV
INGS AND SE' L
CLAUSES;, PROVID-
ING FOR AN EFFEC-
TIV.E DATE 0.F THIS
'ORDINANCE;AND PRO-
VIDING FOR THE PUB-
LIOATHEREOF.HE CAP- (Lynda Black)
Sworn to and subscribed before me this January 23, 2006,A.D
•
;,�,�r` :�:�' (Lisa Bane eld)