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It is an affirmative defense to any prosecution under section 42-123 that 1) the solicitation is <br />made in furtherance of a transaction that would not constitute a violation of applicable law; or 2) the <br />solicitation is made by a peace officer in the lawful discharge of his duties or by a law enforcement agent <br />acting in the lawful discharge of an official duty. <br />Section 42-127. Penalty <br />A person who violates any provisions of this article shall be guilty of a Class C misdemeanor and <br />upon conviction shall be fined an amount not to exceed five hundred dollars ($500.00). <br />Section 4. Open Meetings. The City Council officially finds, determines, recites, and declares that <br />sufficient written notice of the date, hour, place and subject of this meeting of the City Council was <br />posted at a place convenient to the public at the City Hall of the City for the time required by law <br />preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; <br />and that this meeting has been open to the public as required by law at all times ruling which this <br />ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The <br />City Council further ratifies, approves and confirms such written notice and the contents and posting <br />thereof. <br />Section 5. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or <br />invalid, or the application to any person or circumstance for any reasons thereof ineffective or <br />inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall <br />in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or <br />portions, the same shall be and remain in full force and effect and to this end the provisions of this <br />ordinance are declared to be severable. <br />Section 6. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and <br />approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption <br />hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days <br />after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local <br />Government Code, and the City of La Porte Charter. <br />PASSED AND APPROVED on the first reading on the day of �P�iollil�i2010. <br />t�5 ter, <br />By: F , <br />LoAy Rigby <br />Mayor <br />ATTEST: <br />Martha A. Gillett <br />City Secretary <br />