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HomeMy WebLinkAboutOrd 459-2009 Exempting Certain Municipally owned vehicles from inscription requirements.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 459-2009 AN ORDINANCE OF THE CITY OF ANNA, TEXAS EXEMPTING CERTAIN MUNICIPALLY -OWNED VEHICLES FROM THE INSCRIPTION REQUIREMENTS OF SECTION 721.004 OF THE TEXAS TRANSPORTATION CODE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Texas Transportation Code 721.004 requires visible inscription identifying motor vehicles as municipally -owned vehicles; and WHEREAS, Texas Transportation Code Section 721.005(a) permits a municipality to exempt certain motor vehicles from the requirements of Texas Transportation Code 721.004; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the health, safety and welfare of the City and its citizens to exempt certain municipally -owned motor vehicles from the inscription requirements of Texas Transportation Code Section 721.004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The above recitals are incorporated herein by reference for all purposes. Section 2. Exemption of certain municipally -owned motor vehicles from inscription requirements. The City of Anna hereby exempts from the inscription requirements of Section 721.004 of the Texas Transportation Code a municipally -owned motor vehicle when used to perform an official duty by: the police department; a magistrate as defined by Article 2.09, Code of Criminal Procedure; a medical examiner; a municipal code enforcement officer designated to enforce environmental criminal laws; a municipal fire marshal; an arson investigator; or a municipal employee only when conducting an investigation involving suspected fraud or other mismanagement within the municipality. Ord. 459-2009 Exempting Certain Municipally Owned Vehicles from Inscription .doc Page 1 of 2 09-08-09 Section 3. Savings, Repealing and Severability Clauses. It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance are severable and, if any phrases, sentences, paragraphs, subdivisions, clauses, or provisions of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 4. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posing and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Collin County, Texas, the 8 th day of September, 2009. ATTEST: W 111111 111111 W.�ha Wilkison, City Secretary S X Ord. 459-2009 Exempting Certain Municipally Owned vehicles from Inscription doc Page 2 of 2 09-08-09