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0397{~t~DiNANCii NO. 397 CITY OF SOUTHLAKE, TEXAS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING EVERY OFFICER, AGENT OR EMPLOYEE OF THE CITY, WHILE RESPONDING TO EMERGENCY SITUATIONS, TO ACT IN SUCH A MANNER AS TO MOST EFFECTIVELY DEAl, WITH THE EMERGENCY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Supreme Court in a case styled Ron Black vs. Nueces Rural Fire Prevention District No. 2, et al., 695 S.W.2d 562 (Tex. 1985) has ruled that in the absence of laws or ordinances applicable to emergency actions, there is no exception as provided by Section 101.055 Tex.Civ.Proc. & Remedies Code (formerly Article 6252-19 Section 14(a) Vernon's Rev.Civ.Stat.Ann.) suspending the Texas Tort Claims Act for officers, agents and employees responding to emergency situations; and WHEREAS, the Texas Supreme Court seems to be of the opinion that a City must enact an ordinance to take advantage of this provision of the Texas Tort Claims Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Every officer, agent or employee of the City, while responding to emergency situations is hereby authorized to act in such a manner as to most effectively deal with the emergency. This provision shall prevail over every other ordinance of the City and, to the extent to which the City has the authority to so, authority over any other law establishing a standard of care in conflict with this section. Neither the City nor the employee, officer or agent shall be liable for any failure to use ordinary care in such emergency. Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 006t70 fi 1/4/ :ONIaySJ UNo3Ss g *©l :ONICVSH ZSHId spxas 'aNwTugnoS 30 '4T3 'AauJoggy AgTO :w11o3 os sv a3AOUddY [7y3s] spxas, 'aNPTugnoS 3o i4TO 'ic.7pg9.139S(19-147X ff1 :ss3ssy spxas 'axpTtfno 3! Aqjp ' J4,44pw vE„...wimple7 L86T 0 / 3o app egg uo U AO IddV (NK USSSVd ' TTounoD Al TO eq4 Aq uop dope pup abpsspd s4T Iag3P anTloa33a autooaq TTpus aoupuTp.zo sT4,L • £ uoTioaS • " Fort Worth Star-Te'AM. Ammo.-WI400 W.SEVENTH STREET•FORT WORTH,TE ^' DATE DE THE STATE OF TEXAS OCT 23 6034272 Oct • County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer Secretary for the Tort Worth Star-Telegram, published by the Capital Cities Communications, Inc-. at Fort Worth, in Tarrant County, Texas, and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: October 23 , 1987 ORDINANCE NO.397 ORDINANCE NO.397_ AN ORCOUNCIL OF THETI- AN ORDINANCE OF THE CI- am & pm CI- TY COUNCILSOUTHLAKE,THE TEXAS, TY COUNCIL OF THE CITY OF RIZING OF SOUTHLAKE, TEXAS, AUTHORIZING EVERY OF• AUTHORIZING EVERY OF — FICER AGENT OR EM• FICER AGENT OR _OF-. M WHILE E OF THE CITY PLOYI'E OF THE CITY WHILE RESPONDING TO WHILE RESPONDING T6 EMERGENCY SITUATIONS EMERGENCY SITUATIONS *** TO ACT IN SUCH AMANNEff TO ACT IN SUCHAMANN._. DSA MOST EFFECTIVELY ASTOMOSTEFFECTIVELY * DEAL WITH THE EMER- GENCY;PROVIDING USE- AS V• GENCY;PROVIDINGASEV- * F( � ERABILITY CLAUSE AND ERABILITY CLAUSE AND 0� J PROVIDING AN EFFEC- Siyned,, INl TIVE DATE. PROVIDING AN EF`FEG* TIVE ysectlon,article,= TIVE DATE. paragraph, sentence clause, ' Sectlon2.lf any sectlon,arTlcle,* phrase or work In this Ordl• paragraph, sentence clause, • nance, or application thereto a 1 e r 1 9 3 7 phrase or work In tnls Ordi- Subscribed and sworn to before me, this the • any person orcircumstancesls nance, or application thereto* held lnvalidor unconstitutional� anvpersonordreumstancesls 37 ^' jar i by a Court of competent Iuris- heldInvalidorunconstitutlonalyc�c>Ic' s diction,such holding shall not he a Court of competent furls �•dq 1 } 1 5 a No}ary Public _�. -s affectthevalldityoftheremain diction such holding shall not (} f_, 3 � —�-� Ing portions of this Ordinance;affect mevaildityofthe remain- V M i and theCltyCouncllherebyde- , radr,, Ing portions of this Ordinance; clares It would have passed and the City Council hereby de A such remalning portions of ihls clares It would have passed p CT 3 1987 y ordinance despite such Invall- such remaining portionsofthis r� •'E J Ti 1• , dlty,whichremalningportions ordinance despite such Invall- shall remain Infull forceandef- dity,which remaining portion s fi 5' U M to ,; fed. shall remain in full force andef- �+ Section 3.This ordinance shall U-3 3 feet• OFFTCu ©d become effective after Its pas- Section 3.This ordinance shall L L m�s DST sage and adoption by The Clty s become ineffective afby he pas CITY SE CRE 11 Si11 Council. sage and adoption by the City Passed and approved this the Council. 20th day of October,1987. Passed and approved this the /s/Johnny H.Westerhoim 20th day of October 1987. Mayor /s/Johnny H.Wester holm Mayor ATTEST: ATTEST: Sandra L.LeGrand Sandra L.LeGrand City Secretary' City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: s/John F.Boyle,Jr. /s/John F.Boyle,Jr. City Attorney j City Attorney =amp_ CURRENT STATEMENT PERIOD !ACCOUNT NUMBER ON RECPT 10/23 - 10/23 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. 1.---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT - ADVERTISING STATEMENT PortWorth S REMIT TO- P.O. BOX 99074• FORT WORTH, TEXAS 76199 NUMBERACCOUN T CIT57 PAYMENT ON RECPT DUE DATE PAGE IDF CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY ► 115 . 63 SOUTHLAKE TX 76092 THIS AMOUNT . ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED