2017-201S:\Legal\JADE Planning and Zoning Folders\2017.039 right of entry\Chapter 26 Amendment Ordinance,,,062317_final.docx
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CERTAIN
PROVISIONS OF CHAPTER 26 OF THE DENTON CODE OF ORDINANCES,
SPECIFICALLY SECTION 26-2 TO PROVIDE FOR CLARIFICATION OF THE MEANS
OF GAINING ACCESS TO A PREMISES NEEDED BY UTILITY EMPLOYEES;
PROVIDING FOR A SEVERABILITY CLAUSE, SAVINGS CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has previously implemented Chapter 26 "Utilities"
of the Code of Ordinances of Denton Texas; and
WHEREAS, it is the intention of the City to further refine the method of gaining the right
of entry to access and inspect any water, electric or sewer line &/or meters by City Utilities
employees to better serve the citizens of the City of Denton; and
WHEREAS, the Council finds that it is necessary to clarify the method of gaining access
for all purposes and such amendments are in the best interest of the citizens of the City of Denton;
NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBYO AINS:
SECTION 1. The recitals contained herein are made a part of this Ordinance as if set forth
at length herein.
SECTION 2. Chapter 26, Section 26-2 "Right of Entry" is deleted in its entirety and
replaced with the following:
Sec. 26-2. Right of Entry.
Employees of the utilities department shall have the authority to enter the land or any
accessory building or structure at any reasonable time in the regular line of duty for the purpose of
gaining access to inspect any water, electric or sewer line or any water or electric meter or for the
purpose of making necessary repairs. If such access is refused, the employee shall have recourse
to every remedy provided by law to secure access, including the issuance of an administrative
search warrant.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
S:\Legal\JADE Planning and Zoning Folders\2017.039 right of entry\Chapter 26 Amendment Ord! nance„,,,062317 final.docx
SECTION 4. Save and except as amended hereby, all of the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. This Ordinance providing for a penalty shall become effective 14 days
from the date of its passage, and the City Secretary is hereby directed to cause the caption of this
Ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the
City of Denton, Texas within 10 days of the date of its passage.
PASSED AND APPROVED this the day of_ 2017.
Cl HUS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROV,U) AS l�j LEGAL FORM:
�\�\\.1��) 1_,E�'A l , 1 1 l ;1U M, CITY ATTORNEY
BY�(f1WrCt0I �ifif/I
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