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O-1572-2-98ORDINANCE NO. 1572-2-98 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING SECTIONS 140(b) AND 1d6 OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE NO. 259, AS PREVIOUSLY AMENDED, AND CHAPTER 9, -MO- TOR VEHICLES AND TRAFFIC,' ARTICLE V, 'OPERATION OF VEHICLEV DIVISION 2, 'SPEED REGULATIONS,' SECTIONS 9-135(b) AND 9-137(f) OF THE ALLEN CODE OF ORDINANCES BY PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERARH= CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, deems it necessary to amend the penalty clause of its Motor Vehicle and Traffic Code to conform to Section 542.401 of the Transportation Code, Vernon's Texas Codes Annotated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS: SECTION 1: Sections 1-40(b) and 1-46 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as previously amended, and particularly Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Sections 9-135(b) and 9-137(f) of the Allen Code of Ordinances, and any other ordinance, or portion thereof, in conflict herewith, be and the same are hereby amended as indicated below, respectively, in Sections 2 and 3 hereof. SECIION 2: Section 1-40(b) of Ordinance No. 259, as previously amended, and particularly Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135(b) of the Allen Code of Ordinances, be amended to now read as follows: (b) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not more than two hundred dollars ($200.00) for each such violation." SECTION 3: The last paragraph in Section 1-46 of Ordinance No. 259, as previously amended, and particularly Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137(f) of the Allen Code of Ordinances, be amended to now read as follows: (t) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not more than two hundred dollars ($200.00) for each such violation." SECTION 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5: This ordinance shall become effective immediately from and after its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON= 19THDAYOF FEBRUARY ,1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST. IllllA. Don-Crowdrr, CITY ATTORNEY Judy „ o idem, UMU, UfI-Y ShURMARY� Ordinance No. 1572-2-98 Page 2