ORD 1986-13ORDINANCE 0 86-13
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 86-13
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING EVERY OFFICER, A-
GENT 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
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY
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
Town must enact an ordinance to take advantage of this provision of the Texas
Tort Claims Act.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Every officer, agent or employee of the Town, 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 has the
authority to so authorize; over any other law establishing a standard of care in
conflict .With thiq secti.,n_ \Tpithpr the Town nor the employee shall be liable
for any failure to use ordinary care in such emergency.
Section 2. 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 passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions Et=.all
remain in full force and effect.
Section 3. The fact that the present ordinances and regulations of the
Town of Trophy Club, Texas, are inadequate to properly safeguard the health,
safety, morals, and general welfare of the inhabitants of the Town of Trophy
Club, Texas, creates an emergency for the immediate preservation of the public
business, property, health, safety and general welfare of the public which
requires that this Ordinance shall become effective from and after the date of
its passage and it is accordingly so ordained.
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PASSED AND APPROVED on the 14 day f July 1986•
All
ATTEST:
Town SFcire :ary, Town of Trophy ' Club, Texas
[SEAL]
APPROVED AS TO FORM: