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
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'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
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