HomeMy WebLinkAboutO-1995-2069
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ORDINANCE NO. 95-2069
AN ORDZNANCE ESTABLZSHZNG A RENTAL FEE POLICY FOR THE CITY OF LA
PORTE POLICE DEPARTMENT FIRING RANGE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte, by this
Ordinance, establishes rental fee policy for the City of La Porte
Police Department Firing Range.
The provisions of this Ordinance shall be administered by the
Chief of Police or his designee.
The City Council authorizes
rental of the Firing Range facilities to persons certified as
"Qualified Handgun Instructor" by the Texas Department of Public
Safety, under the provisions of Article 4413(2gee) Revised civil
Statutes, to be used by such Qualified Handgun Instructor for the
purpose of conducting handgun proficiency examinations.
City Council authorizes the rental of the Firing Range
facilities to Qualified Handgun Instructors, when such facilities
are not otherwise being utilized by the City of La Porte or other
law enforcement agencies. Rental fees shall be established by the
Chief of PoI ice with the approval of the City Manager, wi th a
minimum rental periOd of three (3) hours.
Qualified Handgun Instructors renting the Firing Range
facilities shall furnish a certificate of public liability
insurance, with the City of La Porte designated as an additional
named insured, in amount and form satisfactory to the City Manager
and the City Attorney.
section 2. Rental of the City of La Porte Police Department
Firing Range will be subject to reasonable rules and regulations,
which shall be promulgated by the Chief of POlice, with the
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ORDINANCE NO. 95 - 2069
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approval of the City Manager and the City Attorney. The City of La
Porte reserves the right to refuse rental of the City of La Porte
Firing Range facilities to any person, when the activities of such
person, or student group, may reasonably be expected to result in
a breach of the peace, or cause a threat to pUblic health or
safety.
Section 3. Each lessee Qualified Handgun Instructor shall
file a liability release with the City of La Porte, in form
satisfactory to the city Attorney. In addition, each Qualified
Handgun Instructor lessee shall likewise obtain a liability release
from each of his or her students, releasing the lessee and the City
of La Porte from any liability arising out of their use of the
Firing Range facilities.
section~. If any provision, section, subsection, sentence,
clause, or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining
portions of this ordinance or their application to other persons
or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no
portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
purpose.
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ORDINANCE NO. 95-2069
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section 5 .
The City Council officially finds, determines,
recites, and declares that a 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
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter SSl, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during 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 6. This ordinance shall be in effect from and after
its passage and approval.
PASSED AND APPROVED, this 9th day of October, 1995.
By:
ATTEST: ~
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Sue Lenes,
city Secretary
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Knox W. Askins,
City Attorney