HomeMy WebLinkAboutORD 2004-70 - Meter Tampering FineORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, AMENDING ARTICLE VII, SEC. 13.04.240, ENTITLED "DAMAGING,
BYPASSING, ETC., OF METERS." OF THE CODE OF ORDINANCES OF THE
CITY OF GEORGETOWN, TEXAS; ESTABLISHING A FINE, REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A
SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The City of
Georgetown
recognizes,
in ordinance,
that it is unlawful for
any person to damage, tamper,
or in anyway
interfere with
the operation
of utility meters; and
WHEREAS, The City of Georgetown currently does not specify any penalty or
consequences for committing these unlawful acts; and
'WHEREAS, Theme',tyuof-Georgetowm-vvisr es to,.pass- on,.the-costs° associated these
unlawful acts to the persons committing them; and
WHEREAS, The City of Georgetown wishes to implement a Meter Tampering Fine that
recovers the cost of these violations; and
WHEREAS, The City Council of the City of Georgetown wishes to amend the current
ordinance, and adopt proposed fee, effective on and after November 1, 2004.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT.
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements Finance Policy End 4.0 of the Century Plan - Policy Plan Element, which
states: "The City will conduct all municipal operations in an efficient business -like manner and
sufficient financial resources for both short-term and long-term needs are provided," and further
finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century
Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2, Article VII, 13.04.240 of the Code of Ordinances of the City of Georgetown,
Texas is hereby amended to read as follows:
Sec. 13.04.240. Damaging, bypassing, connecting, tampering, etc., of meters.
A. It is unlawful for any person to damage, destroy, connect, tamper or otherwise, in
any way, interfere with the operation of utility meters or meter reading equipment
within the City, including but not limited to the tampering, adjustment, connection,
breakage, or removal of any seals, and including any hookup or connections that
have the effect of bypassing a meter or meters, so that a customer is receiving
utility service of any character by virtue of such hookup or connection without the
same being mete Fed
B. There shall be a presumption that the utility customer, as shown by City records,
was the party who has damaged, destroyed, connected or otherwise tampered
with such meter or appurtenances, as prohibited in this section, but such
presumption shall be rebuttable.
C. Meter Tampering Fine; $100.00. This fee shall be assessed for any violation of
the provisions of this ordinance, with each violation constituting a separate
offense. This fee shall be in addition to any costs accrued for the replacement or
repair of damaged meters or meter reading equipment, or unbilled consumption.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. If any
provision of this
ordinance or
application
thereof to any person or
cAircumstanW shall be field -invalid;- such --invalidity
-shall not affect
the other. provisions,- -or =
application thereof, of this
ordinance which
can be given
effect without the invalid provision or
application, and to this end
the provisions of
this ordinance
are hereby
declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective on November 1, 2004.
PASSED AND APPROVED on First Reading on the 12th day of October 2004.
PASSED AND APPROVED on Second Reading on the 26th day of October 2004.
Sandra D. Lee
City Secretary
APP OVED AS TO FORM:
r L
Patricia Carls, City Attorney
1psaffwie_ ordnance
THE CITY OF GEORGETOWN:
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By: Gar& elon
Mayor