Ord. 0504 11-25-85ORDINANCE NO. 504
AN ORDINANCE ENACTING SECTION 2-4 OF THE
CODE OF ORDINANCES OF THE CITY OF PEARLAND,
TEXAS, REGARDING ACTIONS OF CITY OFFICERS,
AGENTS AND EMPLOYEES RESPONDING TO EMER-
GENCY SITUATIONS; HAVING A SAVINGS CLAUSE;
HAVING A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND EFFECTIVE
DATE.
WHEREAS, the Texas Supreme Court in a case styled Black
v. Nueces County Rural Fire Prevention District No. 2. 695 S.W.2d
562 (Tex. 1985), has ruled that in the absence of laws or ordinan-
ces applicable to emergency actions, there is no exception as
provided by V.A.C.S. Article 6252-19 Section 14(8) suspending. the
Texas Tort Claims Act for officers, agents and employees respond-
ing 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
PEARLAND, TEXAS:
Section 1.
The Code of Ordinances of the City of Pearland, Texas
shall be and is hereby amended by adding thereto a new Section
2-4, which shall read as follows:
"Section 2-4. Emergency Action.
Every officer, agent or employee of the City while
responding to emergency situations is hereby authorized
and empowered to act in such a manner so as to most
effectively deal with the emergency. This provision shall
prevail over every other ordinance, rule, regulation and
policy 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 shall be liable
for any failure to use ordinary care in such emergency."
Section 2.
If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 3.
All Ordinances and parts of Ordinances in conflict here-
with are hereby repealed, but only to the extent of such conflict.
Section 4.
It is the intent of the City Council of the City of
Pearland, Texas that this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 5.
This being an Ordinance not requiring publication, the
same shall be in force and effect from and after its second and
final reading and passage thereof.
PASSED AND APPROVED ON THE FIRST READING this the J -
day of 40GL/ , A.D., 1985.
c--�C'3 YL Y 42
Mayor, City of Pearland, Texas
ATTEST:.
City ecretary��
PASSED AND APPROVED ON SECOND AND FINAL READING this the
0?5 day of -2.C` v",„`m., , A.D., 1985.
Mayor, City of Pearland, Texas
ATTEST:
Cittt
y Secretary
APPROVED AS TO FORM: