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<br />AN ORDINANCE MAKING IT UNLAWFUL TO WILFULLY SWTI1, DIVE, SKIN-
<br />DIVE, SCUBA DIVE, BATHE, WADE, GO IN'TO, OR BE (OTHER THAN IN
<br />A BOAT) IN, ON, UPON OR UNDER THE WATERS OF SPRINGLAKE, BEING
<br />THAT PART OF THE SAN MARCOS RIVER AND LAKE UPSTREAM FROM AND
<br />FORMED BY THE DAM WHICH WAS CONVEYED BY LOWER COLORADO RIVER
<br />AUTHORITY TO PAUL J. ROGERS BY DEED DATED MAY 1ST, 1956, RE-
<br />CORDED VOLUME 168, PAGES 383-384, HAYS COUNTY DEED RECORDS;
<br />WITH CERTAIN EXCEPTIONS; FIXING A PENALTY FOR VIOLATION OF THE
<br />PROVISIONS OF THIS ORDINANCE, PROVIDING FOR A SEPARABILITY CLAUSE;
<br />REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING
<br />AN EMERGENCY.
<br />
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS:
<br />
<br />Part 1. It shall be unlawful for any person to wilfully swim,
<br />dive, skindive, scuba dive, bathe, wade, go into, or be (other than
<br />in a boat) in, on, upon, or under the waters of Springlake, being that
<br />part of the San Marcos River and Lake upstream from and formed by
<br />the dam which was conveyed to Paul J. Rogers by Lower Colorado River
<br />Authority by deed dated May 1, 1956, recorded in Volume 168, pages
<br />383-384, Hays County Deed Records; provided, however, that this sec-
<br />tion shall not apply to the following:
<br />
<br />(a). The agents, servants, and employees of AQuarena, Inc., its
<br />successors or assigns, engaged in work having to do with aquatic plant
<br />control in said body of water, or having to do with the repair, main-
<br />tenance, and reconstruction of said dam and the banks of said lake;
<br />or the repair and maintenance of sight-seeing or excursion boats
<br />operated on said body of water by Aquarena, Inc., or engaged in act-
<br />ivities having to do with the underwater show of said corporation.
<br />
<br />II
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<br />(b). The agents, servants, and employees of Lower Colorado River
<br />Authority and Southland Ice Company, Inc., the successors or assigns
<br />of each, engaged in work having to do with carrying out legal rights,
<br />if any, vested in said corporations.
<br />
<br />(e). Persons exercising the legal rights, if any, vested in Bill
<br />D. Hillburn and wife, Bobbie Lou Hillburn, their lessees, heirs, exe-
<br />cutors, administrators, or assigns, as created in deed to York Lan-
<br />caster from A. B. Rogers and wife, dated April 19, 1946, recorded in
<br />Volume 136, pages 26-28, Hays County Deed Records.
<br />
<br />(d), Persons engaged in bona fide efforts to rescue or recover
<br />human beings from said waters.
<br />
<br />Part 2. Any person or persons violating this ordinance shall be
<br />deemed guilty of a misdemeanor and upon conviction shall be punished
<br />by a fine of not less than One Dol~ar ($1.00) and not more than Two
<br />Hundred Dollars ($200.00).
<br />
<br />Part 3. If any section, paragraph, subsection, clause, phrase,
<br />or provlslon of this Ordinance shall be adjudged or declared invalid
<br />or held to be unconstitutional the same shall not affect the validity
<br />of this Ordinance as a whole or any part or provision thereof other than
<br />the part so declared to be invalid or unconstitutional.
<br />
<br />I
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<br />Part 4. The fact that the City of San Marcos does not now have an
<br />ordinance on the above subject creates an emergency which, for the pro-
<br />tection of the safety and welfare of the public requires that this
<br />ordinance shall take effect immediately upon its passage and subsequent
<br />publication, the latter to be in'a newspaper having general and weekly
<br />circulation in the City of San Marcos, Texas.
<br />
<br />PASSED, APPROVED, AND ADOPTED thi s
<br />
<br />20th day of April, A. D., 1966,
<br />
<br />--/UC~ L~<-~
<br />
<br />Mayor, City of San Marcos
<br />
<br />
<br />Secretary,
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