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HomeMy WebLinkAboutORD 1986-030 a�> � . �.:-0 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 86-30 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, A- NIENDING CHAPTER 1 OF THE CODE OF ORDINANCES BY PROVIDING THAT EVERY OFFICER, AGENT OR EMPLOYEE OF THE CITY, WHILE RESPONDING TO EMERGENCY SITUATIONS, IS AUTHORIZED TO ACT IN SUCH A MANNER AS TO MOST EFFECTIVELY DEAL WITH THE EMERGENCY; PROVIDING A SEVER[�BILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN ENTERGENCY 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 di this provision of the Texas Tort Claims Act. ��_ _, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF GRAPEVINE, TEXAS: Section 1. That the Code of Ordinances of the City of Grapevine, Texas, is hereby amended by adding thereto a new section 1-14, which shall read as follows "Section 1-14. 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. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, �' " and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. �:-� 3 �;, Section 3. The fact that the present Ordinances and regulations of the �:.� City o G a evine, Texas, are inadequate to properly safeguard the health, safety, morals, speach and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the 6th day of May , 1986. � Mayor, City of Grapevine, Texas ATTEST: Cit Secretary, City f Grapevine, Texas [SEAL] �.:-� APPROVED AS TO FORNI: � City Attorney, City of Gr vine, Texas ��R> �,�,� - 2 -