ORD 1992-15TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, AUTHORIZING EVERY
OFFICER, AGENT OR EMPLOYEE OF THE TOWN, WHILE
RESPONDING TO EMERGENCY SITUATIONS, TO ACT IN
SUCH A MANNER AS TO MOST EFFECTIVELY DEAL WITH
THE EMERGENCY; PROVIDING STANDARDS FOR THE
OPERATION OF EMERGENCY VEHICLES USED FOR LAW
ENFORCEMENT PURPOSES; PROVIDING A SAVINGS
CLAUSE; REPEALING ORDINANCE NOS. 86-13 AND 90-
01 RELATING TO EMERGENCY RESPONSE FOR THE
PURPOSE OF COMBINING THE SAID ORDINANCES
HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Texas Supreme Court, in a case styled Ron Black
vs. Nueces Rural Fire Prevention District No. 2, ruled that in the
absence of laws or ordinances applicable to emergency actions,
there is no exception as provided by Tex. Civ. Prac. & Rem. Code,
§101.055 (Vernon), 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 Town must enact an ordinance to take advantage of this
provision of the Texas Tort Claims Act.
WHEREAS, the Town Council has heretofore adopted Ordinance
Nos. 86-13 and 90-01 relating to a response to emergency
situations, and it is the intent of the Council, by the adoption of
this Ordinance, to combine Ordinance Nos. 86-13 and 90-01 into this
Ordinance without effecting a substantive change in the law; and
WHEREAS, the Town Council hereby finds that the adoption of
this Ordinance is in the best interests of the citizens of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. Response to Emergency.
A. Generally. Every officer, agent or employee of the Town
of Trophy Club, 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 Town and, to the extent to which the Town, the
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Agent has the authority to so
establishing a standard of care
Neither the Town, the agent, nor
any failure to use ordinary care
authorize, over any other law
in conflict with this section.
the employee shall be liable for
in such emergency.
B. Emergency Vehicles Used For Law Enforcement. The driver
of an authorized emergency vehicle that is used for law enforcement
purposes may operate without using the emergency warning devices
required by State law only when the driver is responding to an
emergency call or when he or she is in pursuit of a suspected
violator of the law and he or she has probable cause to believe
that:
(1) knowledge of his or her presence will cause the suspect
to destroy or lose evidence of a suspected felony;
(2) knowledge of his or her presence will cause the suspect
to cease a suspected continuing felony before the driver
has acquired sufficient evidence to establish grounds for
arrest;
(3) knowledge of his or her presence will cause the suspect
to evade apprehension or identification of the suspect or
of his or her vehicle; or
(4) Traffic conditions on a multilaned roadway are such that
movements of motorists in response to the emergency
warning devices may increase the potential for a
collision or may unreasonably extend the duration of the
pursuit.
Section 2. Savings; Repealer. That this ordinance shall be
cumulative of all other ordinances of the Town affecting emergency
situations and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
Ordinance; provided, however, that Ordinance Nos. 86-13 and 90-01
are hereby repealed in their entirety, such repeal to take effect
as of the effective date of this Ordinance, but provided however
that any complaint, action, cause of action or claim which prior to
the effective date of this Ordinance has been initiated or has
arisen under or pursuant to the said repealed Ordinances shall
continue to be governed by the provisions of those ordinances, and
for that purpose Ordinance Nos. 86-13 and 90-01 shall be deemed to
remain and continue in full force and effect.
Section 3. Severability. If any section, article, paragraph,
sentence, clause, phrase or work in this Ordinance, or application
thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of the
Ordinance, and the Town Council hereby declares it would have
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passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and
effect.
Section 4. That this ordinance shall take effect from and
after its date of passage.
PASSED AND APPRO�nzday
the Town Council of the Town of Trophy
Club, Texas this the of - Z , 1992.
c
ATTEST:
Town Secret y,
Town of Trophy Club, Pexas
[SEAL]
F
Town AtItorney,
Town o Trophy Club, Texas
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