Ord 166-85 12/17/1985 ORDINANCE NO. 166-85
ORDINANCE ESTABLISHING A STANDARD OF CARE FOR
OFFICERS , AGENTS AND EMPLOYEES OF THE CITY
RESPONDING TO EMERGENCY SITUATIONS; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the Texas Supreme Court, in a case styled Ron Black
vs . Nueces County Rural Fire Prevention District No . 2 , in con-
struing Section 14 (8) of Article 6252-19 , the Texas Tort Claims
Act, has ruled that in the absence of laws or ordinances applicable
to emergency action, there is no exception to the waiver of
sovereign immunity; and,
WHEREAS, the City of Wichita Falls seeks as a matter of public
policy to comply with the decision of the Texas Supreme Court in
the above-named case; and,
WHEREAS , the City of Wichita Falls enacts this ordinance as
a matter of public policy to provide the standard of care with
which the officer, agent or employee of the emergency service
provider should comply when responding to emergency calls or
reacting to emergency situations; and,
WHEREAS , it is the intent of the City Council of the City of
Wichita Falls that this ordinance shall be given a liberal reading
so that action of an officer, agent or employee of the emergency
service provider, while responding to emergency calls or reacting
to emergency situations, shall be deemed in compliance with this
ordinance .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS , THAT:
SECTION 1 . Every officer, agent, or employee of the City and
every officer, agent or employee of an authorized provider of emer-
gency services, including, but not limited to every unit of
government or subdivision thereof, while responding to emergency
calls or reacting to emergency situations , regardless of whether
any declaration of emergency has been declared or proclaimed by a
unit of government or subdivision thereof, is hereby authorized
to act or not to act in such a manner to effectively deal with the
emergency. An action or inaction is 'effective ' if it in any
way contributes or can be reasonably be thought to contribute to
preserving any lives or property. This section shall prevail
over every other ordinance of the City and, to the extent to which
the City has the authority to do so, authorize over any other
law establishing a standard of care in conflict with this section.
Neither the City nor the employee, agent, or officer thereof,
or other unit of government or subdivision thereof or its employees,
agents, or officers shall be liable for the failure to use ordinary
care in such emergency . It is the intent of the City Council,
by passing this ordinance, to assure effective action in emergency
situations by those entrusted with the responsibility of saving
lives and property by protecting such governmental units from
liability, and their employees, agents, and officers from non-
intentional tort liability to the fullest extent permitted by
statutory and constitutionallaw. This section shall be liberally
construed to carry out the intent of the City Council.
SECTION 2 . If for any reason any section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance
shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other
section, paragraph, subdivision, clause, phrase, word or provision
of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect
for its purpose .
PASSED AND APPROVED this the 17th day of December, 1985 .
77
A Y 0 R
ATTEST :
, ,,
i /L ' L �-J>
City Clerk
- 2 -
I ORDINANCE NO.152-85
ORDINANCE REPEALING
CHAPTER 8,DIVISION 2 OF THE
CODE OF ORDINANCES TO RE-
MOVE THE LICENSING AND FEE
REQUIREMENTS FOR AUCTIONS
AND AUCTIONEERS Affidavit of Publication
ORDINANCE NO.153-85
ORDINANCE REPEALING
CHAPTER 8 OF THE CODE OF
ORDINANCES TO REMOVE
I ARTICLE V. SECTIONS 8-111 THE STATE OF TEXAS
THROUGH GOVERNING
MASSAGE ESTABLISHMENTS COUNTY OF WICHITA
ORDINANCE AMENDING SEC-
(iii TION 8-155 OF THE CODE OF -,e
)
T4 ORDINANCES AND ADDING A .
LICENSE FOR DRIVER'S On this . 6th day of January
ORDINANCE NO.155-85
, TOIONN2.40EOFATHE THE DES OF A.D. 1986.. Personally appeared before me, the undersigned authority
. ,ORDINANCES, RE-DEFINING j
THE DUTIES OF THE CITY CLERK I bookkeeper
ORDINANCE NO.156-85 Toni Belvedere
ORDINANCE AMENDING SEC-
TION 8-13(a), (b)AND(c)OF
THE CODE OF ORDINANCES,
COMBINING"SOLICITOR"AND for the Times Publishing Company of Wichita Falls, publishers of the
"PEDDLER" INTO ONE DEFI-
NITION"ITINERANT"SOLICITOR"
ERC MERCHANT" AND Wichita Falls Record News, a newspaper published at Wichita Falls in
"ITINERANT MERCHANT"
ORDINAN ENAM NDINGSSEC- 1 Wichita County. Texas, and upon being duly sworn by me, on oath states
TION 8-14 OF THE CODE OF
ORDINANCES, ELIMINATING {
THE TERM "PEDDLER" FROM that the attached.advertisement is a true and correct copy of advertising
I SUCH SECTION
ORDINANCE NO 158-85 ! ONE(1) issues thereof on the following
ORDINANCE AMENDING SEC- published in
TION 8-15 OF THE CODE OF
ORDINANCES, DELETING ALL dates:
REFERENCES THEREIN TO PED-
DLERS January 3
ORDINANCE NO 159-85
ORDINANCE AMENDING SEC-
TION 8-16 OF THE CODE OF /t ZL /•'" 'ei j
ORDINANCES, ELIMINATING [/mot /
ALL
REFERENCES THEREIN TO Bookkeeper for Times
PE
�PEDDLERS Publishing Company 1
I ORDINANCE NO.160-85 of Wichita Falls
ORDINANCE AMENDING SEC-
T TION 8-18 OF THE CODE OF
1 ORDINANCES AND ADDING A
IPROVISION FOR DRIVER'S Subscribed and sworn to before me this the day and year first above
LICENSE
ORDINANCE NO.161-85 EAL) written. r---,
ORDINANCE AMENDING SEC-
TION 8-19 OF THE CODE OF '.
ORDINANCES AND DELETING
REFERENCES iO "PEDDLER" 1 da ,
CONTAINED THEREIN --�
ORDINANCE NO.162-85 / /
ORDINANCE AMENDING SEC- / 1.,.
TION 8-22 OF THE CODE OF :'
ORDINANCES AND DELETING
ALL REFERENCE TO PEDDLERS
CONTAINED THEREIN RECEIVED l a's' 19
ORDINANCE NO.163-85
CITY CLERK'S OFFICE
ORDINANCE AMENDING SEC-
' TION 8-23 OF THE CODE OF
ORDINANCES, ELIMINATING /-, _ fJ
i ALL REFERENCES iO"PEDDLER" Date a
CONTAINED THEREIN
ORDINANCE NO.164-85 /1 (� ,���11
ORDINANCE AMENDING SEC- By C Time !j0 -
TION 8-24 OF THE CODE OF
ORDINANCES, ELIMINATING
ALL REFERENCES iO"PEDDLER" , y --
THEREIN CONTAINED 1 �, JOY DAVIS •
ORDINANCE NO 165-85 x '•J g� ;
AN ORDINANCE CLOSING, VA-
CATING, Notary Tex.AND ABANDONING r Y `
THAT PORTION OF 16TH STREET i. ,f, is ?% Commission l:;jii es ""
BETWEEN TRAVIS AND LAMAR
STREETS, WICHITA FALLS,
TEXAS,AND RETAINING A UTIL-
ITY EASEMENT
ORDINANCE NO.166-85
ORDINANCE ESTABLISHING A
STANDARD OF.CARE FOR OF-
FICERS, AGENTS AND EM- I
PLOYEES OF THE CITY RE-
SPONDING TO EMERGENCY
SITUATIONS; PROVIDING FOR
SEVERABILITY;AND DECLARING
AN EMERGENCY •