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39 Special Meeting June 1, 1999 Page 2 Mr. Moseley moved for adoption of the Ordinance on emergency and Ms. Hughson seconded the motion. Mr. Gilley advised the Council the Mayor has authority to execute a Declaration of Local Disaster for a public threat of health or safety, but it is only in effect for a period of seven days. If a disaster period is to extend beyond seven days, it requires action of the Council. Mr. Gilley was advised by Steve Vaughn of DPS that State Statutes grant local governing bodies authority to declare a disaster, and that is why the City is involved with this matter. The disaster declaration is to protect the public. Without the disaster declaration there is no authority to prohibit anyone entering through the waterway. Mr. Gilley stated SWT has an obligation to fence off the area, and there is no other public access without trespassing across SWT property, except the waterway. Mayor Moore requested the City Secretary read into the record Section 58.070, Activities on Dams. Ms. Hughson asked the Assistant City Attorney the penalty for violating the curfew, and Mr. Gutierrez stated the Curfew Order fine is up to $500.00, and that a public safety issue allows a fine up to $2,000.00. Mr. Gilley advised a meeting was held with City staff members, SWT representatives and a Freese and Nichols employee on Friday to ascertain any threat of public danger. The University did not request the City to do this, but rather was precipitated by TNRCC's review of the dam and the danger to the health and safety of the public. Dianne Wassenich expressed concern there was no expiration date in the Ordinance presented, and made note Section 58.070 (a) (2) should state \\. . . 100 feet above Spring Lake Dam". She asked why the glass bottom boats are still running if there is a danger, and that if there is a danger, the lake should be drained slowly, a board at a time. The Council discussed a time frame for the curfew, the need to discuss details with SWT and receive information regarding TNRCC's findings. John Hohn, Bryan Anderson, Dave Newman and Phillip Kelso expressed their concerns regarding the curfew, the time frame citizens would not have access to the area and whether or not there is truly a danger. Mayor Moore moved to amend the Ordinance in Section 58.070(a) (2) to add ". . . 100 feet above Spring Lake Dam; and," and Ms. Hughson seconded the motion, which passed unanimously. Mr. Doiron moved to amend the Ordinance to authorize staff to appropriately word the Ordinance for the provisions of this amending Ordinance to expire in thirty days and Ms. Hughson seconded the motion, which passed unanimously. The Council then voted unanimously for adoption of the Ordinance. The meeting adjourned at 7:05 p.m. on motion made by Mr. Hernandez and seconded by Mr. Doiron. . &~~.~ Billy G. Moore ¿J dJlJJ!~ ~::)~)lccJbCN ì'/.~e Hughson 0 è: . I be i iUOUi CoJJ1l -' -~ ~-~n:il A T~S T:. ",4/' ,l. ( . ,J' ,- 'd -(- /~JI' 0;, ( 0 / /[;Î/ii) (1)' :f~)uut(jj"- Ja£s K. Womack City Secretary