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95 ORDINANCE 1985-105 \3 AN ORDINANCE OF 'IRE CITY COUNCI L OF 'IRE CITY OF SAN 0 MARCOS AMENDI NG C RAPT ER 21, EN'ITLED "PUBLIC SAFETY" OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING A SECTION 21-3, WHICH PROVIDES IMMUNITY FROM LIABILI'lY FOR CITY EMPLOYEES RESroNDING 10 EMERGENCI ES AND DECLARING AN EMERGENCY. ÝVHEREAS, the Texas Supreme Court in a case styled Ron Black vs. Nueces Rural Fire Prevention District No.2, et al, No. C-4l54 before the Supreme Court of Texas has ruled that in the absence of laws or ordinances applicable to emergency actions, there is no exception as provided by Article 6252-19 Section 14(a) 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 rust enact an ordinance to take advantage of this provision of the Texas 'Ibrt Claims Act; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That the Code of Ordinances of the City of San Marcos, Texas, is hereby arænded by adding a new section 21-3 to read as follows: Sec. 21-3. Emergency Action. 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 authorize, 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 emergency. SECTION 2. That the importance of this Ordinance creates an emergency and an imperative public necessity so that the provisions of the Charter requiring that ordinances shall be presented at three separate meetings and that no ordinance shall become ef fecti ve until the expiration of ten (10) days following the date of its final passage be suspended, and these provisions are hereby suspended, and this Ordinance shall take effect and be in full force and effect from and af ter its adoption and after its publication in a newspaper of general circulation within the City. PASSED, APPROVED AND ADOPTED this 14 day of November ,1985. ~ C9~- / . / Ðmmle Craddock Mayor \ J Janis K. Womack Ci ty Secretary ~~/ Lamar W. Hankins City Attorney Published in the SAN MARCOS NEWS November 21, 1935.