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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 •