HomeMy WebLinkAboutOrdinance 9528
f<
:}
..) o
ORDINANCE N0. ~~~
--~~
AN ORDINANCE AMENDING CHAPTER 1, "GENERAL PROVISIONS" OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS
AMENDED, BY~AMENDING CHAPTER 1 TO AUTHORIZE OFFICERS,
AGENTS AND EMPLOYEES OF THE CITY OF FORT WORTH TO DEAL
EFFECTIVELY WITH EMERGENCIES AND TO ESTABLISH A STANDARD
OF CARE FOR OFFICERS, AGENTS AND EMPLOYEES OF THE CITY OF
FORT WORTH RESPONDING TO EMERGENCY SITUATIONS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER
ORDINANCES OR PROVISIONS OF THE CODE OF THE CITY OF FORT
WORTH; REPEALING ALL ORDINANCES OR PROVISIONS OF THE CODE
OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT
BY THE CITY SECRETARY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Chapter I, "General Provisions" of the Code of the City of
Fort Worth, Texas (1964), as amended, be and is hereby amended by
adding Section 1-12 to read as follows:
Sec. 1-12. Standard of Care for Emergency Action.
Every officer, agent or employee of the City, includ-
ing, but not limited to, every unit of government or sub-
division thereof, while responding to emergency calls or
reacting to emergency situations, regardless of whether
any declaration of emergency has been declared or pro-
claimed 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 reason-
ably 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 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 subdivi-
sion thereof or its employees, agents or officers, shall
be liable for the failure to use ordinary care in such
emergency.
SECTION 2.
-- _ --Th_at this ordin.anc.e-_sha11_ be- cumulative of__,all provisions -of _
ordinances and of the Code of the City of Fort Worth, Texas (1964),
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinance and such Code,
in which event conflicting provisions of such ordinances and such
Code are hereby repealed.
,~,
,~
r
:>
~.
.. ;~,~ ~ ,
+„ ; j,
SECTION 3.
c
That it is hereby declared to be the intention of the City
Council of the City of Fort Worth, Texas, that the sections, para-
graphs, sentences, clauses and phrases of this ordinance are
severable, and, if any section, paragraph, sentence, clause or
phrase 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 unconsti-
tutionality shall not affect any of the remaining sections, para-
graphs, sentences, clauses or phrases of this ordinance since the
same would have been enacted by the City Council without the incor-
poration herein of any such void, ineffective or unconstitutional
section, paragraph, sentence, clause or phrase.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption in the
minutes of the City Council and by filing the ordinance in the ordi-
nance records of the City.
SECTION 5.
This ordinance shall be in full force and effect from and after
its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
~-~ ~- ~_
City Attorney
i
Date: ~ ~ - a--(~ - ~ 5
ADOPTED:
EFFECTIVE:
-2-
t
^iaER FILF•'f~
•~ ~•o~~~yY~rr,>~~- City of Fart earth, ~"exas
Ta~r~saor~r,~Tlc~(au~f_IC :J D'1L ~ ®U ~~~ ~®~~4~~iL ~~~~~i~~~~~~®~
v;afER ADMINIST RATION
l.At'd 1
DATE NUMBER CE SUBJECT Ordinance Establishing Standard PAGE
12/12/85 ** _
G 6504 of Care for Emergency Actions 1
~ of
~_.__
Recommendation
It is recommended that the City Council adopt the attached ordinance authorizing
officers, employees, and agents of the City of Fort Worth to deal effectively
with emergencies and establishing a standard of care in emergency situations.
Discussion
In a case styled Ron Black v. Nueces County Rural Fire Prevention District No. 2,
the Texas Supreme Court ruled tat, in the absence of aws or city ordinances
applicable to emergency situations, a governmental entity, such as the City of
.Fort bJorth, could not take advantage of the "emergency exception" to the Texas
Tort Claims Act. This decision has great impact upon the City of Fort Worth
since it would increase the City's exposure to tort liability whenever the City
or one of its officers, agents, or employees responds to an emergency situation.
The Texas Supreme Court seems to be of the opinion that a city must enact an
ordinance regulating actions in an emeryency situation. The proposed ordinance
is necessary to assure effective action in emergency situations by those
entrusted with the responsibility of saving lives and property by protecting the
City of Fort Wortli from liability, and its employees, agents, and officers from
liability for acts of negligence to the fullest extent permitted by statutory and
constitutional law.
Financing
No expenditure or appropriation of funds is necessary.
RA~1 • kcgq
ApPR4
O~1NCiL
CITY C
DEC `I ~~ 1955
,
City Seaxetary of the
City of Fott 3600 ~
SUBMITTED FOR THE
CITY MANAGER'S / C~ ~~
nFFICE BY 1
DISPOSITION BY COUNCIL:
PROCESSED BY
. ~ ~ APPROVED
ORIGINATING r OTHER (DESCRIBE)
DEPARTMENT HEAD_ _ ad d ~ CITY SECRETARY
FOR ADDIfIONAI. INFORMATION Greg Norris 7627
CONTACT ^tl
Adopted Ord~nancc
~
j
~Q
,
fl
~ DATE