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<br />~ <br />r II ~ <br />a~ ~ <br />g - <br />U r-a <br /> <br />~\~ ~ <br />u..:l <br /> <br />>~.... <br />a.:e <br /><Co:Q <br />t;:i:i <br />0::: , c <br />&3~ <br />CI;I _ <br />"",,0 <br />t:=.,;:. <br />QC3 <br /> <br />143 <br /> <br />ORDINANCE 1999 _ 62 <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 AUTHORIZING ACCESS TO THE <br />SPRING LAKE DAM CURFEW AREA TO PERSONS INVOL YED IN THE <br />DESIGN AND CONSTRUCTION OF REPAIRS TO THE DAM; INCLUDING <br />PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES AND <br />DECLARING AN EMERGENCY. <br /> <br />RECITALS: <br /> <br />1. The imminent danger of collapse of the Spring Lake Dam creates a 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. <br /> <br />2. On June 28, 1999, the City Council adopted an ordinance extending a curfew in the area of <br />Spring Lake Dam until September 26, 1999. <br /> <br />3. In order to expedite repairs to the Dam and alleviate the danger to the public from its <br />possible collapse, personnel from Southwest Texas State University, the Texas Natural <br />Resource Conservation Commission and design and construction personnel working on their <br />behalf, require access to the Curfew area to design and implement emergency repairs, now <br />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 San Marcos City Code is amended <br />as follows (underlining indicates added language; an overstIike indicates deleted language): <br /> <br />Sec. 58.070. Activities on Dams. <br /> <br />(a) It is unlawful for a person to enter or remain in the Spring Lake Dam curfew area at <br />any time, day or night. The curfew area is designated as: <br /> <br />(1) The entire area of the Spring Lake Dam; and <br /> <br />(4) The area of Spring Lake for a distance of 100 feet above Spring Lake Dam; and <br /> <br />(5) The Downstream channel between the Spring Lake Dam and the University Drive <br />bridge over the San Marcos River; and <br /> <br />(6) 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 edge of the river channel. The curfew <br />area is depicted on the map attached to this oldinance kept on file in the office of the <br />City Secretary. <br /> <br />(b) 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 />( c) Employees ofthe department, peace officers, park rangen', 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 />(d) Personnel of the City. Southwest Texas State Universit'l. Texas Natural Resource <br />