Loading...
HomeMy WebLinkAboutOrdinance - 8858-1985 - Amending The Code Of Ordinances, By Adding Thereto A New Section 1-11 - 11/21/1985First Reading November 21, 1985 Agenda Item #18 Second Reading December 12, 1985 Agenda Item #11 DGV:js ORDINANCE NO. 8858 AN ORDINANCE AMENDING THE CODE Of ORDINANCES Of THE CITY Of LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 1-11 PERTAINING TO EMERGENCY ACTIONS BY OffiCERS, AGENTS OR EMPLOYEES Of THE CITY Of LUBBOCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING fOR PUBLICATION. WHEREAS, it has traditionally been presumed that officers, agents and employees of the City and the City itself were immune from liability arising from their actions in response to emergency situations unless such actions were in clear violation of some law or ordinance; and WHEREAS, the Texas Supreme Court, in the case of Black v. Nueces County Rural fire Prevention Dist. No. 2, 695 S.W.2d 562 (1985), has held that cities have no immunity under the Texas Tort Claims Act, Vernon's Ann.Civ.St., art. 6252-19, unless there has been a specific ordinance enacted authorizing emergency actions by City officers, agents and em- ployees; and WHEREAS, it would be an impossible task to authorize each and every act that might become necessary for an officer, agent or employee to perform in an emergency situation; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock that the officers, agents and employees of the City of Lubbock be empowered to take whatever action is deemed necessary in an emergency situation for the protection of life and property without fear of potential personal liability or liability of the City of Lubbock; NOW THEREfORE: BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of LUBBOCK: SECTION 1. THAT the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by adding thereto a new Section 1-11, which shall read as follows: Sec. 1-11. Emergency actions by City officers, agents and employees. City of Lubbock officers, agents and employees are hereby empowered and authorized to take whatever action is deemed necessary in response to emergency situations arising within the City of Lubbock in order to deal with such situation in the most effective manner possible under the existing circumstances. Neither the City of Lubbock nor the officer, agent or employee of the City of Lubbock shall be in any way liable for any failure to use "ordinary care" in such emergency situations. This ordinance shall prevail over any other ordinance, rule or policy with regard to the standard of care to be exercised by an officer, agent or employee engaged in emergency action. / SECTION 2. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance by unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 21st Passed by City Council on second reading this -.,.../ ALAN ATTEST: APPROVED AS TO FORM: ~ic-~2J-~ Donald G. Vandiver, First Assistant City Attorney - 2 - First Reading November 21, 1985 Agenda Item #18 DGV:js Second Reading December 12, 1985 Agenda Item #11 ORDINANCE NO. 8858 --- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 1-11 PERTAINING TO EMERGENCY ACTIONS BY OFFICERS, AGENTS OR EMPLOYEES OF THE CITY OF LUBBOCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, it has traditionally been presumed that officers, agents and employees of the City and the City itself were immune from liability arising from their actions in response to emergency situations unless such actions were in clear violation of some law or ordinance; and WHEREAS, the Texas Supreme Court, in the case of Black v. Nueces County Rural Fire Prevention Diet. No. 2, 695 S.W.2d 562 (1985), has held that cities have no immunity under the Texas Tort Claims Act, Vernon's Ann.Civ.St., art. 6252-19, unless there has been a specific ordinance enacted authorizing emergency actions by City officers, agents and em- ployees; and WHEREAS, it would be an impossible task to authorize each and every act that might become necessary for an officer, agent or employee to perform in an emergency situation; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock that the officers, agents and employees of the City of Lubbock be empowered to take whatever action is deemed necessary in an emergency situation for the protection of life and property without fear of potential personal liability or liability of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by adding thereto a new Section 1-11, which shall read as follows: Sec. 1-11. Emergency actions by City officers, agents and employees. City of Lubbock officers, agents and employees are hereby empowered and authorized to take whatever action is deemed necessary in response to emergency situations arising within the City of Lubbock in order to deal with such situation in the most effective manner possible under the existing circumstances. Neither the City of Lubbock nor the officer, agent or employee of the City of Lubbock shall be in any way liable for any failure to use "ordinary care" in such emergency situations. This ordinance shall prevail over any other ordinance, rule or policy with regard to the standard of care to be exercised by an officer, agent or employee engaged in emergency action. /. SECTION 2. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance by unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 21st Passed by City Council on second reading this ALAN - 2 - .. TilE STATE OJ" TEXAS COt':\TY OF LllBBOCK M2320-R83 1'3cfore me DorothY Russe II a :\otarv Public in and for Lubbock Countv. Texas on this dav pcrsonall~· appeared Twila Aufill' Acaount Ml!OiU!er of the S~uthwestern :\ewsp~- -pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fift~·-two weeks prior to thc first insertion of this LeE!;al Notice' ---------------:',;o. 712464 at Lubbock County. Texas and the attached print- ed cop~-of the Lee: a I Notice Ava lanche-.Journa I on the following dates: 889 Words @ 76t Per word Account Manai!er LU3BOCK AVAIA~CHE-.JOt:RNAL Southwestern :'-Jewspapcrs Corporation is a true cop:v of the original and was printed in the Lubbock December 1•t21t 1985 = $675.64 Subscribed and sworn to before me this ..2.J_ day of December . 19~