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HomeMy WebLinkAboutORD 1445 - ORD Relating to Firearms, Air Rifles and Weapons ORDINANCE NO. 1445 AN ORDINANCE RELATING TO FIREARMS, AIR RIFLES AND WEAPONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, the City Council finds that each year a substantial number of deaths or injuries are caused by the discharge of firearms or air rifles by children; and WHEREAS, some firearms and air rifle discharges by children are caused by children who are unaware of the dangers to persons or property posed by the discharges; and WHEREAS, some firearms and air rifle discharges by children are caused by children who may not even realize that the firearms or air rifles are real, rather than toys; and WHEREAS, it is the responsibility of firearms and air rifle owners and other responsible adults to ensure that their firearms and air rifles do not fall into the hands of children who may be unaware that they are not toys or be unaware of the dangers posed by their discharge; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the findings contained in the preamble of this Ordinance are determined to be true and correct and are adopted. Section 2. That Section 15-4 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read in its entirety as follows: "Sec. 15-4. Discharge of air rifles or firearms; possession by children; responsibility to avoid same. H(a) As used in this section, words describing mental state (intentionall~, knowingly, recklessly and criminal negligence) shall have the same meanings as in the Texas Penal Code, and the following words shall have the meaning ascribed herein: (1) Adult means any person who is 18 years of age or older. (2) Air rifle means air rifles and any other type of gun which uses compressed air, gas, or a compressed spring to project a BB, metal pellet, or similar projectile, including BB guns and pellet guns. (3) Child means any person who is younger than 18 years of age. (4) Flrearm means any device designed, made, or adapted to expel a projectile through a barrel by uSlng the energy generated by an explosive or burning substance or any device re~dily convertible to that use. (5) Ranqe means any public or private facility at which firearms or weapons training or practice, or both, is conducted under controlled circumstances intended to encourage the safe handling of firearms or weapons and at which procedures or facilities are in place that are lntended to prevent any projectiles from causing damage to persons or property. lI(b) It is unlawful for any adult intentionally, knowingly, recklessly, or with criminal negligence to facllitate, suffer, or permit the physical possession of a firearm or an air rifle by a child by allowing the child to obtain unsupervised access to the firearm or air rifle. "(c) It is unlawful for a child intentionally, knowingly, recklessly, or with criminal negligence to possess an air rifle within the City. lI(d) It is unlawful for any adult intentionall,), knowingly, recklessly, or with criminal negllgence to facilitate, suffer or permit the discharge of a firearm or an air rlfle by a child. II(e) It is unlawful for any person to discharge or shoot an air rifle, slingshot, arrow, missile or slmllar device within the City. "(f) It is a defense to prosecution under Subsection (b), (c), (d) or (e) that: (1) the weapon in question was possessed or discharged upon a range and under the supervision of an adult, or (2) the discharge or possession was justified as provided in Chapter 9 of the Texas Penal Code ATTEST: City Secretary ( SEAL) ATTEST: By: Title: ( SEAL) -12- CITY OF WEST UNIVERSITY PLACE, TEXAS Mayor FIRST CITY, TEXAS-HOUSTON, N.A., as Escrow Agent Bv. .. . Title: i"......... .... ... . .-..-. ._". I iii. ..... .. ... successor Escrow Agent a proportional part of the Escrow Agent's fee hereunder equal to the portion of such fee attributable to duties to be performed after the date of succession. ARTICLE VIII MISCELLANEOUS section 8.01. Notices. Any notice, authorization, request, or demand required or permltted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed as follows: To the Escrow Aqent: First City, Texas-Houston, N.A. P. O. Box 809 Houston, TX 77002 Attention: Corporate Trust To the city: City of West University Place Attention: City Manager 3800 University Blvd. Houston, TX 77005 The united States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten days prior notice thereof. section 8.02. Termination of Escrow Aqent' s Obliqations. Upon the taking by the Escrow Agent of all the actlons as descrloed herein, the Escrow Agent shall have no further obligations or responsibilities hereunder to the City, the Owners of the Refunded Bonds or to any other person or persons in connection with this Escrow Agreement. section 8.03. Bindinq Agreement. This Escrow Agreement shall be binding upon the City, and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the Owners of the Refunded Bonds, the city, the Escrow Agent and their respective successors and legal representatives. section 8.04. severability. In case anyone or more of the provisions contalned ln thls Escrow Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect -10- any other provisions of this Escrow Agreement, but this Escrow Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Written notice of any holding or other event requiring severability shall be promptly sent by the City to Moody's Investors Service. section 8.05. Amendment. Except as provided in this Section, this Escrow Agreement may not be amended without the prior written consent of the Owners of all Refunded Bonds then outstanding. No consent of any Owner shall be required for amendments limited to: (a) the insertion of unintentionally omitted material or the correction of mistakes or clarification of ambiguities; (b) the pledging of additional security to the refunded bondholders; or (c) the deposit of additional cash or securities to the escrow account. Section 8.06. Governina Law. This Escrow Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the state of Texas. section 8.07. Time of Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Escrow Agreement. Executed as of August 24, 1992, but effective as set forth herein. -11- ARTICLE VII CONCERNING THE ESCROW AGENT section 7.01. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Escrow Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its oblig~tions hereunder. Section 7.02. Limi tat ion on Liabil i tv. The Escrow Agent shall not be liable for any action taken or neglected to be taken in good faith in the exercise of reasonable care and believed to be within the discretion or power conferred by this Escrow Agreement, nor shall it be responsible for the consequences of any error of judgment; and it shall not be answerable except for its own neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. The liability of the Escrow Agent to transfer funds to the Paying Agent for the Refunded Bonds for the payments of the principal of and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, the Escrow Agent shall have no liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligor of the Escrowed Securities to make timely payment thereon, except for the' obligation to notify the City promptly of any such occurrence. The recitals herein and in the proceedings authorizing the Refunding Bonds shall be taken as the statements of the City and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Escrow Agreement. The Escrow Agent makes no representation as to the value, condition or sufficiency of the Escrcw Fund, or any part thereof, or as to the title of the City thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall incur no liability or responsibility with respect to any of such matters. It is the intention of the City and the Escrow Agent that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. -8- Unless it is specifically provided otherwise herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the city with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund and to dispose of and deliver the same in accordance with this Escrow Agreement. If, however, the Escrow Agent is called upon by the terms of this Escrow Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the city or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with the city, among others, at any time. Section 7.03. Compensation. (a) On the Escrow Funding Date the city will pay the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be incurred by the Escrow Agent in the administration of this Escrow Agreement, and for its services in its capacity as the Paying Agent for the Refunded Bonds, the sum of $ If the Escrow Agent is requested to perform any extraordinary services hereunder, the City hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services. It is expressly provided that the Escrow Agent shall look only to the city for the payment of such addi tional fees and reimbursement of such additional expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular, additional or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. Section 7.04. Successor Escrow Agents. Either the City or the Escrow Agent may terminate this Escrow Agreement on 60 days written notice, but no such termination shall be effective until a successor has been appointed and has accepted such appointment. Any successor Escrow Agent appointed by the City shall succeed, wi thout further act, to all the rights, immunities, powers and trusts of the predecessor Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the City shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such immunities, rights, powers and duties. The Escrow Agent shall pay over to its -9-