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HomeMy WebLinkAbout19058 RES - 10/15/1985• • A RESOLUTION SUPPORTING STATE LEGISLATION TO IMMUNIZE PROVIDERS OF EMERGENCY SERVICES WHEN ACTING IN AN EMERGENCY AND NOT IN VIOLATION OF ANY LAW OR ORDINANCE APPLICABLE TO THE EMERGENCY ACTION. WHEREAS, the Texas Supreme Court in the case styled Ron Black v. Nueces County Rural Fire Prevention District No. 2, in construing Section 14(8) of the Texas 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, Section 14(8) of the Texas Tort Claims Act was intended to immunize from liability the providers of emergency services acting in an emergency so long as they were not acting in violation of a law or ordinance applicable to the emergency action; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council urges the delegates of the 72nd Annual Conference of the Texas Municipal League to adopt a resolution, a copy of which is attached hereto as Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the immediate need for the efficient and effective administration of City affairs, 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 resolution is passed and shall take effect upon first reading as an emergency measure this the 15th day of October, 1985. ATTEST: City Secretary V MAYOR APPROVED: /s74 DAY OF OCTOBER, 1985 41111. Assist. C �� Att.4 02E.026.02 THE CITY OF CORPUS CHRISTI, TEXAS 19058 MICROFILMED A RESOLUTION SUPPORTING STATE LEGISLATION TO IMMUNIZE PROVIDERS OF EMERGENCY SERVICES WHEN ACTING IN AN EMERGENCY AND NOT IN VIOLATION OF ANY LAW OR ORDINANCE APPLICABLE TO THE EMERGENCY ACTION. WHEREAS, the Texas Supreme Court in the case styled Ron Black v. Nueces County Rural Fire Prevention District No. 2, in construing Section 14(8) of the Texas 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, Section 14(8) of the Texas Tort Claims Act was intended to immunize from liability the providers of emergency services acting in an emergency so long as they were not acting in violation of a law or ordinance applicable to the emergency action; and NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 72nd Annual Conference of the Texas Municipal League that TML endorses passage of legislation to clearly express the legislative intent of providing immunity to providers of emergency services acting in an emergency when not in violation of any laws or ordinances applicable to the emergency action; directs the Executive Director and his staff to take measures to assist in its passage, and urges all member cities individually to contact their representatives in the State Legislature to inform them of the great importance of this bill to every city in the State and to solicit their support in passing it. PASSED AND APPROVED at San Antonio, Texas this 2nd day of November, 1985. APPROVED: resident ATTEST: Executive Director (1) Statement of the Problem Addressed by this Resolution: The recent Texas Supreme Court decision construing the emergency provision of the Texas Tort Claims Act holds that such immunity is not available to providers of emergency services acting in an emergency unless a specific law or ordinance exists applicable to the emergency action. This creates an almost impossible burden of describing every conceivable emergency situation and legislatively prescribing the conduct necessary in order to gain immunity under the Act. This liability exposure is contrary to strong public policy encouraging prompt and effective actions by providers of emergency services. 04P.159.01 • • (2) How Would Implementation of this Resolution Solve the Problem? Legislation would clearly state that the immunity of emergency service providers would be waived only in those situations where a legislature or city council had legislatively prescribed a standard of conduct applicable to the emergency action and the emergency service provider was not acting in accordance with that standard. 04P.159.01 • Corpus Christi, Texaspeta,u) day of , 19BS 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, .MAYO Council Members THE CIT —sF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19055