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OR 79 Orders permits for utility by-pass or meter valves AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 79 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS , MAKING IT UNLAWFUL TO INSTALL, MAINTAIN OR USE ANY UTILITY BY-PASS OR TURN ON ANYY UTILITY METER VALVE WITHOUT HAVING FIRST OB- TAINED A PERMIT TO DO SO; PROVIDING THAT THE EXISTENCE OF SUCH BY-PASS OR DISCOVERY OF SUCH UNAUTHCRIZED TURN ON, SHALL BE PRIMA FACIE EVIDENCE THAT SUCH BY-PASS WAS INSTALLED AND MAIN- TAINED BY THE PERSON OR PERSONS RECEIVING SUCH UTILITY SERVICE OR THAT SUCH METER VALVE WAS TURNED ON BY THE PERSON OR PERSOilS RECEIVING SUCH UTILITY SERVICE THROUGH SUCH UNAUTHORIZED CON- NECTION; REPEALING ALL ORDINANCES IN CONFLICT WITII THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLA- TION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. UNLN~FUL UTILITY BY-PASS. It shall be unlawful for any person or persons to install or maintain any utility by-pass or connection between the utility meter and the main sourse of supply, except as may be installed npon written permission form the City and the Utility ComPany, if any, furnishing such utility through a franchise granted by the City. SECTION 2. UNLAWFUL "TAP" OR "TUPQI OIl" OF UTILITY SERVICE. Any person who shall tap or connect, with any utility being furnished hy the City or throuqh a franchise granted by the City, or who shall turn on any utility meter valve with out first having obtained a permit to do so or who shall turn on such utility meter valve a~ter the same has been turned off by the City of its agents, without first having obtained a permit to do so, or who shall interfere with any water, electric or gas meter or any other utility SupPlying equipment, shall be deemed guilty of a misdemeanor. SECTION 3. UNLAWFUL USE OF UTILITY AFTER CUT OFF: It shall be unlawful to use any utility after the same has been cut off by the City, its agents or the utility company furnishing such utility under a franchise granted by the City, without first having secured a new permit therefor uoon new application for such utility service. SECTION 4. PRESUMPTION. The discovery of an unauthorized mentioned shall be prima facie evidence that by-pass as above such by-pass was installed by and maintained by the person or persons to whom tile utility service is received through such unauthorized by-pass. Also, after a utility service has been turned off by the City, discovery that tile utility meter valve has been turned on with- out authorization, shall be prima facie evidence that the person or persons to whom the utility service is being received, turned on such utility meter valve. SECTION 5. REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent or in conflict with tile provisions of this ordinance are here- by repealed. However, the repeal of existing ordinances by this ordinance shall not effect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 6. SEVERABILITY CLAUSE: If any article, paragraph or sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or uncon- stitutional. SECTION 7. PENALTY CLAUSE: Any Person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, ]/Don conviction, shall be fined not to exceed the sum of two hundred ($200.00) dollars for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 8. EMERGENCY CLAUSE: The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urqency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases pro- rides. DELY PASSED by the City Council of the City of Coppell, Texas, this APPROVED AS TO FORM: CITY ATTORNEY day of MAYOR ATTEST: CITY SECRETARY