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Ord 011-91 2/5/1991 ORDINANCE NO. //47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION" , BY PROVIDING FOR A NEW SECTION 2-55, TO BE ENTITLED "EMERGENCY ACTION" ; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Texas Supreme Court, in a case styled Ron Black vs. Nueces Rural Fire Prevention District No. 2, et al, 695 S.W. 2d 562, before the Supreme Court of Texas, has ruled that in the absence of laws or ordinance 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 WICHITA FALLS, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Wichita Falls, Texas, be amended by adding a new Section 2-55 so that such section shall read as follows: ARTICLE XI. EMERGENCY SERVICES Sec. 2-55 . 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 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 . It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 3 . If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable) , the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Wichita Falls in adopting and of the Mayor in approving this ordinance, that no portion hereof or provision or regulation contained herein shall fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end all provisions of this ordinance are declared to be severable. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. PASSED AND APPROVED this the 5th day of February, 1991. M A Y O R ATTEST: City Clerk Ad 403860 Affidavit of Publication ORDINANCE NO.THE 7-91 CITY THE STATE OF TEXAS AN ORDINANCE OF THE OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE COUNTY OF WICHITA DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF ere) LONE STAR GAS COMPANY Here) WITHIN THE CITY OF WICHITA FALLS FOR 90 DAYS FROM AND 18th da of February AFTER FEBRUARY 19, 1991; On this day PROVIDING FOR THE CONTINU- ATION OF EXISTING RATES WITH THE CITY OF WICHITA 1991 FALLS; DECLARING AN EMERG- A.D. personally appeared before me, the undersigned authority ENCY; AND FINDING AND DE- TERMINING THAT THE MEETING Darice Ming bookkeeper AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ORDINANCE NO.8-91 AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-21 Times/Record News, a newspaper published at Wichita Falls in Wichita County, (a), CITY OF WICHITA FALLS CODE OF ORDINANCE,AND IN- Texas, and upon being duly sworn by me, on oath states that the attached CREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE advertisement is a true and correct copy of advertising published POLICE DEPARTMENT AND one �1 J ■ DECLARING AN EMERGENCY in issues thereof on the following dates: OR NAENO.9-9,1 ORDINANCE MAKING AN AP- PROPRIATION,IN THE GENERAL February 18, 1991 FUND FROM GRANT REVENUE j RECEIVED FROM THE CRIMINAL i- to JUSTICE DIVISION, G OR PURPOSES O OFFICER FOR ( ���0 PURES OF A NARCOTICS ..) ENFORCEMENT OFFICER i ORDINANC Bookkeeper for Times Publishing Company (N,S AN ORDINANRDINANCE AMENDING THE LANDMARK COM- MISSION'S of Wichita Falls COMPOSITION ORDINANCE NO.11-91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,TEXAS,AMEN-,EAL) Subscribed and sworn to before me this the day and year first above written. DI NG CHAPTER 2 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", BY 07 PROVIDING FOR A NEW SEC- / �,�(� S' -[i-:t TION 2-55, TO BE ENTITLED "EMERGENCY ACTION"; , w , +;ra PROVIDING FOR INCLUSION IN .1 THE CODE OF ORDINANCES; 7 + +� 3 PROVIDING FOR SEVERABIUTY; , FINDING AND DETERMINING ,nett of IMM THAT THE MEETING AT WHICH Ft,..,,1,rt I-7., THIS ORDINANCE IS PASSED IS 1... t3ri OPEN TO THE PUBUC AS RE QUIRED BY LAW ORDINANCE NO.12-91 ORDINANCE WAIVING SEC- TION 22-4 OF THE CODE OF ORDINANCES TO PERMIT BEER IN HAMILTON PARK ON MARCH 23,1991 DURING THE ANNUAL EASTER SEAL RUN ORDINANCE NO.13-91 ORDINANCE MAKING AN AP- PROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM CRIMINAL JUS- TICE DIVISION, GOVERNOR'S OFFICE FOR PURPOSES OF A CAMPUS DRUG ENFORCEMENT , OFFICER _