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Home My WebLink About19113 ORD - 12/03/1985AN ORDINANCE AMENDING SECTION 43-11 TO CHAPTER 43, POLICE, OF THE CITY CODE TO PERMIT THE USE OF THE POLICE FIRING RANGE BY LAW ENFORCEMENT AGENCIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 43, Police, of the City Code is hereby amended by adding a new Section 43.11, Use office firing range by law enforcement agencies, to read as follows: Sec. 43-11. Use of police shooting range by law enforcement agencies The police Chief is authorized to permit other law enforcement agencies, for official training purposes, to use with or without charge and be present upon any police firing range and adjacent premises controlled by the Police Department so long as the agency and each person using said facility executes an agreement, approved by the Legal Department, holding the City, its officers, employees, and agents harmless from and indemnifying them for all liability or expenses of any nature connected in any way whatsoever, directly or indirectly, with such use or presence. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs by amending the City Code as aforementioned, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or 04P.236.01 19fia MICROFILMED • • resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 3rd day of December, 1985. ATTEST: At Se Y l. --I-.-19) 61Lir C Y APPROVED: DAY OF OF DECEMBER, 1985 04P.236.01 MAYOR THE CITY IF CORPUS CHRISTI, TEXAS Corpus Christi, Texas /AIg. day of , 198 • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 1911.3 PUBLISHER'S AFFIDAVTI" STATE OF TEXAS, L County of Nueces. f" AD #31129 1911.5 CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally cam. MARGARET RAMAGE who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE #19113 of which the annexed is a true copy, was published in Caller -Times Pub. Co. on the 9th day of December 19 85., and once each day consecutive_day ONE Times. 16_2_6.45 MARGARET RAMAGE thereafter for one /1 :411.1,1! d / 7/ 11 Subscribed and sworn to before me this_ 10th EUGENIA S. CORTEZ 6-30-89 Decemb 19 85 Notary Pub Nueces Nueces County, Texas A01112 f\ DEC 19115 \ CITY NOTICE OF PASSAGE OF ORDINANCE fr 19113 AMENDING SECTION 43-11 OF C,'HAPTER 43, POLICE, OF THE ITY CODE TO PERMIT THE USE OF THE POLICE FIR- ING RANGE BY LAW ENFORCEMENT AGENCIES;. PROVIDING FOR SEVER- ANCE; PROVIDING FOR PUBLICATION; AND DECLAR- ING AN EMERGENCY. , Was ped and by the CittyyCCoo of the City N. of Corpus Christi, Texas on the 3rd day of December, • 1985. The full text of said ordinance is available to the public In the Office of the City Secretary. /s/ Armando Chapa City Secretary -� Corpus Chrletl, Texas STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: FIRING RANGE AGREEMENT WITH AGENCY This agreement with respect to the City of Corpus Christi Police (1) Outdoor Firing Range, #1 Sid Allison Road, Corpus Christi, Texas, (2) Indoor Firing Range, Police Training Center, 4510 Corona, Corpus Christi, Texas [delete as applicable if only one is comtemplated] is entered into by the City of Corpus Christi, Texas (hereinafter the "City") and the agency wishing its trainees, employees. or other persons to utilize said shooting range (hereinafter the "Agency"). Said parties hereby agree as follows: 1. Agency desires to utilize the firing range for training its personnel (hereinafter "Trainees"). City agrees to permit such use when convenient, as determined by the Police Chief or his authorized agent. 2. The undersigned parties intend and agree that City shall have no exposure to liability of any kind whatsoever for permitting Agency and Trainees to use its facilities, or for any action or inaction whatsoever of City, its officers, employees, agents or servants, during or in connection with use of the firing range by Agency or Trainees. 3. Agency intends and agrees to take AS IS the firing range and all adjacent property owned or controlled by the -19ty, real and personal, facilities, staffing, conditions known or unknown, persons thereon, and any other risks, and to be solely responsible for the safety of its Trainees while on said premises. 4. Agency agrees that it shall not rely on any training, supervision, statement, action, inaction, or any conduct whatsoever by any City officer, employee, or agent; and that Agency shall be solely and exclusively responsible for the training and supervision of Trainees and any consequences of any training or supervision. 5. Agency agrees to protect, defend, indemnify and hold City and its officers, employees, agents and servants free and harmless from any and all losses, claims, liens, demands, suits and causes of action of every kind and character, by Agency or Trainees or any third party, including, but not limited to, the amounts of judgements, penalties, interest, court costs, legal fees, and all other expenses incurred by City in favor of any party, including claims or causes of action for personal injuries, death, property damage, civil rights. and without limitation by enumeration, all other claims or demands of every character occurring or in anywise incident to, in connection with or arising directly or indirectly out of any use by or presence of Trainees on the firing range described herein or any of the adjacent premises owned or controlled by City, now or anytime hereafter. Agency agrees to investigate, handle, respond to, provide defense for and defend, through competent legal counsel, any such claims, demand or suit at the sole expense of Agency. Agency agrees to bear all costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. 6. This agreement is not intended to create any cause of action in favor of any third party against Agency, Trainees, or City, or to enlarge their liability in any way, but is intended solely to provide for indemnification of City from liability to Agency, Trainees, or third parties arising from the matters described herein. 7. The undersigned person claiming to represent Agency hereby warrants and guarantees that he has full authority to represent Agency herein and to bind Agency to this agreement without any qualification whatsoever, and that all steps have been taken prerequisite to binding Agency, including approval by Agency's governing body, if necessary. S. This agreement shall continue in force on a month to month basis from the date of its execution. and may be terminated by City at any time. BRAY6.019.004 r AGENCY: by: Authorized Agent Title: APPROVED City Attorney BRAY6.019.004 Date: Date: ///�'Y/lr Date: a,