HomeMy WebLinkAboutOrdinance No. 422 CITY OF THE COLONY, TEXAS '
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 1 OF THE CODE OF .,,,~
ORDINANCES BY PROVIDING THAT EVERY OFFICER, AGENT
OR EMPLOYEE OF THE CITY, WHILE RESPONDING TO EMER-
GENCY SITUATIONS, IS AUTHORIZED TO ACT IN SUCH A
MANNER AS TO MOST EFFECTIVELY DEAL WITH THE EMER-
GENCY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY
WHEREAS, the Texas Supreme Court in a ease styled Ron Black vs.
Nueees 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
COLONY, TEXAS:
Section 1. That the Code of Ordinances of the City of The Colony,
Texas, is hereby amended by adding thereto a new section 1-10, which shall read,~.:
as follows:
"Section 1-10. 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.
Section 3. The fact that the present Ordinances and regulations of the
City ot'-~i~-'~lony, Texas, are inadequate to properly safeguard the health,
safety, morals, and general welfare of the inhabitants of the City of The Colony,
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 y of ..~ 1986.
.... ity o~o16n¥, Texas -
ATTEST:
Cify Secretary, ~,~y of The Colony, Texas ....
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas
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