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It is an affirmative defense to any prosecution under section 42-123 that 1) the solicitation is made in furtherance of a transaction that would not constitute a violation of applicable law; or 2) the solicitation is made by a peace officer in the lawful discharge of his duties or by a law enforcement agent acting in the lawful discharge of an official duty. Section 42-127. Penalty A person who violates any provisions of this article shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not to exceed five hundred dollars ($500.00). Section 4. Open Meetings. The City Council officially finds, determines, recites, and declares that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times ruling which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED on the first reading on the )3It-dayof lJecehJ~OlO. WUi{!!o Mayor By: ATTEST: un f1lfJ.tL (). I/aid ~a A. Gillett City Secretary