HomeMy WebLinkAbout1985-1626 - Ordinance - 12/12/1985ORDINANCE NO. 1626
AN ORDINANCE AMENDING THE CITY OF COLLEGE STATION POLICY
MANUAL, THE CITY OF COLLEGE STATION POLICE DEPARTMENT POLICY
MANUAL, AND ADDING A SECTION OF EMERGENCY ACTION.
WHEREAS the Texas Supreme Court in the case styled Black v.
Nueces County Rural Fire Prevention District 92, 695 S.W. 2d.
562 applicable to emergency situations there is no exception
as provided by Article 6252-19, Section 14(a), Texas Revised
Civil Statutes, suspending the Tort Claims Act as it applies
to officers, agents, and employees responding to emergency
situations.
WHEREAS, the Texas Supreme Court has rendered an opinion that
a City must enact an ordinance to take advantage of this pro-
vision of the Texas Tort Claims Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION, that the Policy Manual of the City
of College Station, as well as the City of College Police
Policy Manual, and the City of College Station Fire Depart-
ment Policy Manual are hereby amended to add the following
provision:
EMERGENCY ACTION
Every officier, agent, or employee of the
City, While responding to emergency situ-
ations, is hereby authorized to act in
such a manner as is most effective in
dealing with such emergency. This provi-
sion shall prevail over every other ordi-
nance of the City, and to the extent to
which the City has authority to so autho-
rize 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 an emer-
gency.
It is hereby declared that it is the
intention of the City Council that the
sections, paragraphs, sentences, clauses,
and phrases of the Policy Manual of the
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City, the Police Department Policy Man-
ual, and the Fire Department Policy Man-
ual are severable, and if any phrase,
clauase, sentence, paragraph, or section
should be declared invalid by final
judgment or decree of any Court of com-
petent jurisdiction, such invalidity
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 in this
ordinance of any such invalid phrase,
clause, sentence, paragraph or section.
PASSED, ADOPTED
ATTEST:
and APPROVED this 12th day of December, 1985.
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