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ORD NO 08-2010 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO.$ -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED. AN ORDINANCE TO AMEND VAN BUREN MUNICIPAL CODE NO. 12.08 FOR THE PURPOSE OF GOVERNING THE USE OF LAKE CAP BEDELL IN THE CITY PARK OF THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of Arkansas, with all powers, authority and duties of a city of the first class; and WHEREAS, Lake Cap Bedell is an existing lake within the City Park of Van Buren, Arkansas, and under the regulation, control and supervision of the City Council of Van Buren, Arkansas; and WHEREAS, the City of Van Buren has adopted the Van Buren Municipal Code No. 12.08 governing the use of Lake Cap Bedell in the City Park Of The City Of Van Buren, Arkansas; and WHEREAS, the proposed amendment to the Van Buren Municipal Code herein will clarify requirements as to use of Lake Cap Bedell, which will protect public property and life safety within the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: Section 12.08, Lake Cap Bedell of the Van Buren Municipal Code is hereby amended as follows: 12.08.01 Uses Regulated, Penalty. There shall be no persons allowed to wade or swim in Lake Cap Bedell nor shall there be allowed any boats, canoes or any other floating apparatus on Lake Cap Bedell without the permission of the City Council of Van Buren, Arkansas; that any violation hereinabove mentioned shall be deemed a misdemeanor and punishable by a fine up to One Thousand dollars ($1000.00). SECTION 2: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and Q a =ainst, the foregoing Ordinance at its Regular Meeting held on the 19th day of April 2010. -a Robert D. Freets>•� ATTESTED: 1t C Barbie Curtis, City Clerk /Treasurer