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HomeMy WebLinkAbout19040 ORD - 10/08/1985AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES AND ESTABLISHING A STANDARD OF CARE FOR OFFICERS, AGENTS AND EMPLOYEES OF THE CITY RESPONDING TO EMERGENCY SITUATIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the Texas Supreme Court in a case styled Ron Black v. Nueces County Rural Fire Prevention District No. 2, in construing Section 14(8) of Article 6252-19, the exas Tort Claims Act, has ruled that in the absence of laws or ordinances applicable to emergency action, there is no exception to the waiver of sovereign immunity; and WHEREAS, the Texas Supreme Court seems to be of the opinion that a city must enact an ordinance regulating action in an emergency action; and WHEREAS, the City of Corpus Christi seeks as a matter of public policy to comply with the decision of the Texas Supreme Court in the above named case; and WHEREAS, the City of Corpus Christi enacts this ordinance as a matter of public policy to provide the, standard of care with which the officer, agent or employee of emergency services providers should comply when responding to emergency calls or reacting to emergency situations; and WHEREAS, it is the intent of the City Council of the City of Corpus Christi that this ordinance shall be given a liberal reading so that action of an officer, agent or employee of emergency services providers while responding to emergency calls or reacting to emergency situations shall be deemed in compliance with this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 15 of the Code of Ordinances of the City of Corpus Christi, Texas be amended by adding new Section 15-12, which shall read as follows: O4P.145.O1 "Sec. 15-12 Standard of Care for Emergency Action. Every officer, agent, or employee of the City and every officer, agent, or employee of an authorized provider of emergency services, including, but not limited to every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is 19040M LC ROF L LWWD • 'effective' if it in any way contributes or can reasonably be thought to contribute to preserving any lives or property. This section 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, agent, or officer thereof, or other unit of government or subdivision thereof or its employees, agents, or officers shall be liable for the failure to use ordinary care in such emergency. It is the intent of the City Council, by passing this ordinance, to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non -intentional tort liability to the fullest extent permitted by statutory and constitu- tional law. This section shall be liberally construed to carry out the intent of the City Council." 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect the public for efficient administration of City affairs by amending the City Code as aforementioned at the earliest practical date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed,i0 shall to of c upon first reading as an emergency measure this the 5n. day of t , 1985. ATTEST: OF City Secretary MAYOR CORPUS THE CIT CHRISTI, TEXAS APPROVED: DAY OF O OL-- , 1985 By: Assistant • Corpus Christi, Texas g4L day of (P2 ,) , 1985` 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 THE rITY OF CORPUS CHRISTI, TEXAS The above ordinance was passe.,.y the following vote: Luther Jones Dr. Jack Best �r David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19040