HomeMy WebLinkAbout1220 10-10-1996ORDINANCE NO. 1220
AN ORDINANCE AMENDING CHAPTER 26
"EMERGENCY SERVICES" OF THE CODE OF
ORDINANCES, CITY OF EULESS, TEXAS BY THE
ADDITION OF A NEW ARTICLE IV. TO BE ENTITLED
"STANDARD OF CARE" AND THE ADDITION OF A
NEW SECTION 26-150 TO BE ENTITLED "STANDARD
OF CARE FOR EMERGENCY ACTION "; ESTABLISHING
A STANDARD OF CARE FOR EMERGENCY ACTION;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Texas Tort Claims Act establishes liability for governmental
entities under certain circumstances but provides an exemption to governmental
entities and their employees while responding to an emergency call or reacting to an
emergency situation; and
WHEREAS, such act further authorizes a city by ordinance to establish a
standard of care for its employees while responding to an emergency call or reacting
to an emergency situation; and
WHEREAS, the City of Euless desires to establish such a standard of care so as
to limit the liability of the city and its employees while responding to an emergency
call or reacting to an emergency situation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Chapter 26 of the Euless Code of Ordinances entitled "Emergency Services" is
herewith amended by the addition of a new Article 1V., entitled, "Standard of Care"
and by the addition thereto of a new Section 26.150 to be entitled, "Standard of Care
for Emergency Action ", which new section shall hereafter be and read as follow:
Sec. 26 -150. Standard of Care for Emergency Action.
Every officer, agent or employee of the City, and every officer, agent, or
employee of an authorized provider of emergency 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 reasonably be thought by the provider of such emergency service
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 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 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 constitutional law. This Section shall be liberally
construed to carry out the intent of the City Council.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the Sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared void, ineffective or unconstitutional by the valid
judgment or final decree of a court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance since the same would
have been enacted by the City Council without the incorporation herein of any such
void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
III.
Savings Clause. That Chapter 26 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 10th day of October 1996; by a vote
of 7 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST: /
Susan Crim, C, City Secretary
APV,R07 AST FORM:
Bob McFarland, C Attorney
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ORDINANCE NO. 1220 Page 2