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<br />. <br /> <br />e <br /> <br />ORDINANCE NO. <br /> <br />/J./-1e <br /> <br />AN ORDINANCE AUTHORIZING OFFICERS, AGENTS, OR EMPLOYEES OF THE <br />CITY OF LA PORTE RESPONDING TO EMERGENCY SITUATIONS TO ACT IN A <br />MANNER TO MOST EFFECTIVELY DEAL WITH THE EMERGENCY: FINDING <br />COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE <br />DATE HEREOF. <br /> <br />WHEREAS, the Texas Supreme Court in a case styled Ron Black <br />vs. Nueces Rural Fire Prevention District No.2, et al, No. C- <br />4154 before the Supreme Court of Texas has ruled that in the <br />absence of laws or ordinances applicable to emergency actions, <br />there is no exception as provided by Article 6252-19 Section <br />14(a) suspending the Texas Tort Claims Act for officers, agents <br />and employees responding to emergency situations: and, <br />WHEREAS, the Texas Supreme Court seems to be of the opinion <br />that a City must enact an ordinance to take advantage of this <br />provision of the Texas Tort Claims Act: NOW THEREFORE, <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, <br />TEXAS: <br />Section 1. THAT the Code of Ordinances of the City of La <br />Porte, Texas, is hereby amended by adding thereto a new section 1-7, <br />which shall read as follows: <br />"Section l-7, Emergency Action. <br />Every officer, agent or employee of the City, while responding <br />to emergency situations is hereby authorized to act in such <br />a manner as to most effectively deal with the emergency. <br />This provision shall prevail over every other ordinance of <br />the City and, to the extent to which the Ci ty has the <br />authority to so authorize, over any other law establishing a <br />standard of care in conflict with this section. Neither <br />