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ORD 1992-15TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92-15 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING EVERY OFFICER, AGENT OR EMPLOYEE OF THE TOWN, WHILE RESPONDING TO EMERGENCY SITUATIONS, TO ACT IN SUCH A MANNER AS TO MOST EFFECTIVELY DEAL WITH THE EMERGENCY; PROVIDING STANDARDS FOR THE OPERATION OF EMERGENCY VEHICLES USED FOR LAW ENFORCEMENT PURPOSES; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NOS. 86-13 AND 90- 01 RELATING TO EMERGENCY RESPONSE FOR THE PURPOSE OF COMBINING THE SAID ORDINANCES HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Supreme Court, in a case styled Ron Black vs. Nueces Rural Fire Prevention District No. 2, ruled that in the absence of laws or ordinances applicable to emergency actions, there is no exception as provided by Tex. Civ. Prac. & Rem. Code, §101.055 (Vernon), 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 Town must enact an ordinance to take advantage of this provision of the Texas Tort Claims Act. WHEREAS, the Town Council has heretofore adopted Ordinance Nos. 86-13 and 90-01 relating to a response to emergency situations, and it is the intent of the Council, by the adoption of this Ordinance, to combine Ordinance Nos. 86-13 and 90-01 into this Ordinance without effecting a substantive change in the law; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Response to Emergency. A. Generally. Every officer, agent or employee of the Town of Trophy Club, 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 Town and, to the extent to which the Town, the -1- Agent has the authority to so establishing a standard of care Neither the Town, the agent, nor any failure to use ordinary care authorize, over any other law in conflict with this section. the employee shall be liable for in such emergency. B. Emergency Vehicles Used For Law Enforcement. The driver of an authorized emergency vehicle that is used for law enforcement purposes may operate without using the emergency warning devices required by State law only when the driver is responding to an emergency call or when he or she is in pursuit of a suspected violator of the law and he or she has probable cause to believe that: (1) knowledge of his or her presence will cause the suspect to destroy or lose evidence of a suspected felony; (2) knowledge of his or her presence will cause the suspect to cease a suspected continuing felony before the driver has acquired sufficient evidence to establish grounds for arrest; (3) knowledge of his or her presence will cause the suspect to evade apprehension or identification of the suspect or of his or her vehicle; or (4) Traffic conditions on a multilaned roadway are such that movements of motorists in response to the emergency warning devices may increase the potential for a collision or may unreasonably extend the duration of the pursuit. Section 2. Savings; Repealer. That this ordinance shall be cumulative of all other ordinances of the Town affecting emergency situations and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance Nos. 86-13 and 90-01 are hereby repealed in their entirety, such repeal to take effect as of the effective date of this Ordinance, but provided however that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to the said repealed Ordinances shall continue to be governed by the provisions of those ordinances, and for that purpose Ordinance Nos. 86-13 and 90-01 shall be deemed to remain and continue in full force and effect. Section 3. Severability. If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have :WM passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That this ordinance shall take effect from and after its date of passage. PASSED AND APPRO�nzday the Town Council of the Town of Trophy Club, Texas this the of - Z , 1992. c ATTEST: Town Secret y, Town of Trophy Club, Pexas [SEAL] F Town AtItorney, Town o Trophy Club, Texas -3-