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HomeMy WebLinkAboutOrdinance - 8468-1983 - Ord. Amend. Sec. 16-82 Related To Collisions And Amend. Section 16-175(D) - 07/28/1983DGV/mck ORDINANCE NO. 8468 ------- AN ORDINANCE AMENDING SECTION 16-82 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO COLLISIONS, AND AMENDING SECTION 16-175(d): PERTAINING TO SPEED; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the decision in Cause No. A82-03577-2, a case appealed to County Court at Law No. 2 from the Lubbock Municipal Court of Record, indicates that the language of Section 16-82 of the Code of Ordinances of the City of Lubbock should be changed to conform to recent decisions of the Court of Criminal Appeals; and WHEREAS, the penalty provided for by Section 16-175(d) of the Code of Ordinances should be conformed to the provisions of Vernon's Ann.Civ.St., art. 6701d, Section 143; and WHEREAS, the City Council deems such changes in wording to be in the best interest of the citizens of the City of Lubbock, Texas; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 16-82 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: Sec. 16-82. Collision. No person driving or operating or in charge of any motor vehicle, animal or any other vehicle, shall cause, suffer or permit the same to come into collision with any person, animal, street sign, street post, water plug, mailbox, or any other obstacle or object whatsoever in or on any street, roadway or highway, or any other public place whatsoever in the limits of the City. SECTION 2. THAT Section 16-175(d) of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: (d) Any person violating the prima facie speed limit established by this Section shall, upon conviction, be punished by a fine of not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not exceeding two hundred dollars ($200.00) unless another penalty is expressly provided by law. •. I' SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by Council on first reading this Passed by Council on second reading this ATTEST:·- APPROVED AS TO FORM: 28th 11 tf::i day of ___ .,,.liu.ul~)~' __ , 1983. day of August , 1983. E. JACK .BROWN, MAYOR PRO I EM THE STATE OF TEXAS COUNTY OF LUBBOCK I' Before me Dennie: t-",cHea a Notary Public in and for Lubbock County. Texas on thi,s day personally appeared Tw1 I il tuf1 I I, Account r·1;:,nzu·'er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this le f' r.:. I h:t11: 1 cc-TtH) t10 r t:!.{16 Of. o t' r war;l-t,'1':,n.ofi No. 7~:,n,1,:;n at Lubbock County. Texas and the attached print- ed copy of the Not 1 ce is a true copy of the original and was printed in the Lubbock Avalanche-.Journal on the following dates: Aur~ur:t 13 t~ :'.:'.Ot 1981 •t~~:t~)2 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation FORMSS-10