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<br />IS- <br />~.~ <br />C~~ <br />8 ..... <br />y N <br /> <br />~O <br /> <br />\'-". <br /> <br />~.~ <br />D~ --::::. <br />y .-i <br /> <br />:!~ 0 <br />11,_ <br /><Ii( <br /> <br />_U) <br />"w'- 0 <br />o::e <br />::S<<ll <br />Lw:iE <br />O::,C;; <br />Q<<lI <br />I.!..l~ <br />(I)'S <br /> <br />43 <br /> <br />>,' tI,' <br />b;::tl> <br />~<<i <br />1.!..l:iE <br />!Xc;; <br />frl~ <br />CI:I _ <br />;:.-Q <br />I-~ <br />(3a <br /> <br />ORDINANCE 1999 - .it.L <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, AMENDING CHAPTER 58 - PUBLIC FACILITIES, PARKS AND <br />RECREATION, OF THE CITY CODE BY ESTABLISHING A CURFEW AND <br />PROlllBITING ACCESS TO THE SPRING LAKE DAM AREA; INCLUDING <br />PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES AND <br />DECLARING AN EMERGENCY. <br /> <br />RECITALS <br /> <br />1. On May 28, 1999 the City of San Marcos was informed by the Texas Natural Resource <br />Conservation Commission (TNRCC) that the Spring Lake Dam (the Dam) is in imminent <br />danger of collapsing; and <br /> <br />2. The imminent danger of collapse of the Dam creates an imminent threat of widespread or <br />severe damage, injury, or loss oflife or property from water flows that would be created in <br />and near the San Marcos River from the collapse; and <br /> <br />3. The Texas emergency management statute (Government Code Chapter 418) defines the term <br />"disaster" as including "the imminent threat of widespread or severe damage, injury, or loss <br />of life or property"; and <br /> <br />4, The Mayor Pro-Tern of the City of San Marcos having determined that extraordinary <br />measures must be taken to prevent injuries to persons or property within the City, signed a <br />Declaration of Local Disaster on May 28, 1999, and issued an Order, establishing a curfew <br />prohibiting access to the dam area. <br /> <br />5. The City Council finds that the Dam's dangerous condition continues to exist and therefore <br />the Council wishes to adopt by ordinance a curfew for the Dam area. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. Chapter 58, Article 3, Section 58,070 of the San Marcos City Code is <br />amended as follows (underlining indicates added language; an o"el stI ike indicates deleted language): <br /> <br />Sec. 58.070. Activities on Dams. <br /> <br />Wl A curfew is established for the following areas near Spring Lake Dam. It is unlawful <br />for a person to enter or remain in the curfew area at any time. day or night: <br /> <br />ill The entire area of the Spring Lake Dam: and <br /> <br />ill The area of Spring Lake for a distance of 100 feet above Spring Lake Dam: and <br /> <br />ill The Downstream channel between the Spring Lake Dam and the University Drive <br />bridge over the San Marcos River. <br /> <br />(Q) It is unlawful for a person to stop or stand in the spillway of any dam, flood control <br />structure or storm drain in or upon the San Marcos River. <br /> <br />W Employees of the department, peace officers, park rangers, and emergency personnel <br />are exempt from these rules to the extent these rules conflict with the discharge of their official <br />duties. <br /> <br />SECTION 2. This ordinance will continue in effect from and after the date of it's <br />adoption for a period of30 days, after which time the amendments made to City Code Chapter 58, <br />Article 3, Section 58.070 as contained in Section 1 of this ordinance will expire and Section 58.070 <br />will revert to its form prior to the adoption of this ordinance. <br />