HomeMy WebLinkAboutO-1985-1478
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING OFFICERS, AGENTS, OR EMPLOYEES OF THE
CITY OF LA PORTE RESPONDING TO EMERGENCY SITUATIONS TO ACT IN A
MANNER TO MOST EFFECTIVELY DEAL WITH THE EMERGENCY: FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the Texas Supreme Court in a case styled Ron Black
vs. Nueces 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 CITY OF LA PORTE,
TEXAS:
Section 1. THAT the Code of Ordinances of the City of La
Porte, Texas, is hereby amended by adding thereto a new section 1-7,
which shall read as follows:
"Section l-7, 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 Ci ty has the
authority to so authorize, over any other law establishing a
standard of care in conflict with this section. Neither
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ORDINANCE NO.
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the City nor the employee shall be liable for any failure to
use ordinary care in such emergency.1I
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated: and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
cons idered and formally acted upon.
The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 3. This Ordinance shall be effective on its passage and
approval.
PASSED AND APPROVED, this the
11th
day of November,1985.
CITY OF LA PORTE
BY -4bn7~ ;;r ~
or~an Malone,' Ma .r
ATTEST:
~~~
Cherie Slack
tAJ,
APPROVED: