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Ord 1985-114
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Ord 1985-114
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8/30/2007 8:52:11 AM
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8/30/2007 8:52:11 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
1985-114
Date
11/14/1985
Volume Book
73
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<br /> 104 <br /> ORDINANCE 1985-114 <br /> ~N ORDINANCE OF THE CITY COUNCIL OF THE CITY <br /> OF SAN MARCOS, TEXAS, GRANTING TO W.H. BONDS A <br /> FRANCHISE TO OPER~rE AND MAINTAIN A MOTORIZED <br /> ICE CREAM VENDOR SERVICE WITHIN THE CORPORATE <br /> LIMITS OF SAID CITY FOR THE PURPOSE OF SELLING <br /> FROZEN CONFECTIONS AT RETAIL ON AND OVER THE <br /> STREETS OF THE CITY; PRESCRIBING THE TERMS, <br /> CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON <br /> WHICH SAID FRANCHISE SHALL BE EXERCISED; AND <br /> DECLARING AN EFFECTIVE DATE. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1. Definitions: As used in this Ordinance, the <br /> following words and phrases shall have the meaning ascribed to <br /> them in this section: <br /> A. City--The City of San Marcos, Texas, a municipal <br /> corporation operating by and under the laws of the State <br /> of Texas, situated in Hays and Caldwell Counties; <br /> B. Service--W.H. Bond s, motorized ice cream vendor. <br /> C. Franchise--A privilege in the nature of a license <br /> conferred by the City on Service which is not a public <br /> utility. <br /> SECTION 2. Nature and Extent of Grant: For and in <br /> consideration of Service operating a motorized ice cream vending <br /> business within the corporate limits of City for the purpose of <br /> selling at retail frozen confections and other food items, City <br /> grants to Service the right and authority to operate and maintain <br /> one vehicle for such purposes on and over the public streets of <br /> the City for a term of three (3) years from the effective date of <br /> this franchise. <br /> SECTION 3. Equipment: Any vehicle used by Service shall <br /> be inspected and approved by the Police Chief of City prior to the <br /> effective date of this franchise. Any such vehicle shall be well <br /> maintained at all times and shall be operated only when in a safe, <br /> dependable and sanitary condition. Any such vehicle shall be <br /> operated in accordance with the laws of the State of Texas and the <br /> charter and ordinances of City and shall be driven only by a <br /> driver qualified and licensed under the laws of the State of <br /> Texas. To assure compliance with this provision, Service must <br /> present to the Chief of Police, for his inspection and copying, <br /> the driver's license of each person driving Service's vehicle on <br /> or before said vehicle is operated in San Marcos for the purposes <br /> set out herein. <br /> SECTION 4. Franchise Fee: A franchise fee of ten dollars <br /> ($10.00) per month or a portion thereof shall be charged Service <br /> and is due and payable to City at City's Utility Office, 630 East <br /> Hopkins, San Marcos, Texas, on or before the first day of each <br /> month or if said office is closed on that day, on the next working <br /> day following the first of the month. Said franchise fee may be <br /> suspended for a period not to exceed three (3) months during which <br /> service will not be operated upon the provision to City by Service <br /> of prior written notice addressed to City at the address set forth <br /> hereinabove and mailed postage prepaid, certified, return receipt <br /> requested. To be effective, said notice of suspension of <br /> franchise fee must be received by City ten (10) days prior to the <br /> beginning of the month in which the said franchise fee is to be <br /> suspended and must state the length of time for which the <br /> suspension will be in effect. <br />
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