ORD 1986-18 - Emergency SituationsORDINANCE NO. 86-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AUTHORIZING OFFICERS, AGENTS AND EMPLOYEES OF THE CITY
TO ACT IN EMERGENCY SITUATIONS; AND MAKING CERTAIN OTHER
FINDINGS AND PROVISIONS RELATED THERETO.
WHEREAS, the Texas Supreme Court in a case styled Ron Black vs. Nueces
Rural Fire Prevention District No. 2, et al, No. C-4154 before the
Supreme Court of Texas, has ruled that in the absence of laws or
ordinances applicable to emergency actions, there is no exception as
provided by Article 6252-19, Section 14(a), suspending the Texas Tort
Claims Act for officers, agents and employees responding to emergency
situations; and,
WHEREAS, the Texas Supreme Court seems to be of the opinion that a City
must enact an ordinance to take advantage of this provision of the
Texas Tort Claims Act; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: The Code of Ordinances of the City of Huntsville, Texas, is
hereby amended by adding thereto a new section 2-1 which shall read as
follows:
"Section 2-1. Emergency Action.
Every officer, agent or employee of the City, while responding to
emergency situations is hereby authorized to act in such a manner as
to most effectively deal with the emergency. This provision shall
prevail over every other ordinance of the City and, to the extent to
which the City has the authority to so authorize, over any other law
establishing a standard of care in conflict with this section.
Neither the City nor the employee shall be liable for any failure to
use ordinary care in such emergency."
Section 2: It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable bnd, if any phrase, clause, sentence, para-
graph or section of this ordinance should be declared invalid by the
final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation
in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Section 3: This ordinance shall take effect immediately from and after its
passage.
PASSED AND APPROVED on this the 24thday of
APPROVED AS TO FORM:
.3w�.
Scott Bounds, City Attorney
June
1986.
CITY OF HUNTSVILLE, TEXAS
By
Monday, Mayor