Laserfiche WebLink
<br />^1A ~ <br />w'j1 __ <br />8 ..... <br />Q ..;j- <br />~~ N <br />iLN <br />1,*,,;: <br /> <br />>~ ~ <br />~~ <br />~ ,t'Il <br />I.I..I:::E <br />O::c <br />f:i:385 <br />CI:l_ <br />::;...0 <br />........b <br />(,;ii5 <br /> <br />78. <br /> <br />ORDINANCE 1999 - ----k1J3...... <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 />PROHIBITING 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 of life 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 (GoY~rnment Code Chapter 418) defines the term <br />"disaster" as including "the imminent threat of widespread or severe damage, injury, or loss <br />oflife 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; and <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; and <br /> <br />6. Pursuant to V.T.C.A. Parks and Wildlife Code ~ 31.092, the governing body may, with <br />respect to public water within its corporate limits, designate by ordinance restricted areas <br />which it deems necessary for the public safety, therefore: <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 Saa Marcos City Code is <br />amended as follows (underlining indicates added language; an 0 v er stt ike indicates deleted language): <br /> <br />Sec. 58.070. Activities on Dams. <br /> <br />ill. It is unlawful for a person to enter or remain in the Spring Lake Dam c~r(ew area at <br />any time. day or night. The curfew area is designated as: <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: and <br /> <br />ill All of the bank areas along the San Marcos River from the Spring Lake Dam to the <br />University Drive bridge. between the Sessom Drive Right-of-way and Joe's Crab <br />Shack restaurant and the Western edge of the river channel. and between the Clear <br />Springs Apartments property and the Eastern edfle of the river channel. The curfew <br />area is depicted on the map attached to this ordinance. <br /> <br />@ It is unlawful for a person to stop or stand in the spillway of a:1Y d::tm, flood control <br />