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33 ORDINANCE 1984-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ~ OF SAN MARCOS, TEXAS ESTABLISHING A USER FEE ,~ IN THE NATURE OF A LICENSING TAX IN THE AMOUNT OF SIX HUNDRED DOLLARS ($600.00) PER MONTH FOR THE USE OF STREETS AND HIGHWAYS IN SAID CITY BY TRANSPORTATION ENTERPRISES, INCORPORATED FOR THE MAINTENANCE AND OPERATION OF ITS SHUTTLE BUS SERVICE ON AND OVER SAID STREETS AND HIGHWAYS; DIRECTING THE CITY MANAGER OF SAID CITY TO BILL SAID TRANSPORTATION ENTERPRISES, INCORPORATED MONTHLY FOR ITS USE OF SAID STREETS AND HIGHWAYS FROM MAY, 1983 TO THE PRESENT AND EACH MONTH THEREAFTER FOR AS LONG AS SAID CORPORATION SHALL CONTINUE TO UTILIZE SAID STREETS AND HIGHWAYS IN SUCH MANNER WITHOUT A FRANCHISE AGREEMENT OR UNTIL SAID CITY ADOPTS A COMPREHENSIVE ORDINANCE REGULATING THE OPERATION OF BUSES IN SAID CITY, WHICHEVER IS SOONER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on April 11, 1983 the City of San Marcos passed Ordinance No. 1983-16 granting to Transportation Enterprises, Incorporated a five-year franchise to operate and maintain a motor bus system for the transportation of persons and property upon the public streets and highways of said City; and, WHEREAS, said Ordinance provided that such franchise would become effective thirty (30) days after its final passage upon the condition that Transportation Enterprises, Incorporated file its written acceptance of the same with the City Secretary prior to such date; and, WHEREAS, Transportation Enterprises, Incorporated has never filed such written acceptance; and, WHEREAS, said Transportation Enterprises, Incorporated has, since May, 1983, been maintaining and operating a shuttle bus service on and over the streets and highways of the City of San Marcos, Texas, and still is maintaining and operating such shuttle bus service on and over said streets and highways without a franchise agreement therefor; and, WHEREAS, the City Council of the city of San Marcos hereby finds and determines that it is in the best interest of the citizens of the City of San Marcos, Texas that a fair and reasonable amount of compensation be charged said Transportation Enterprises, Incorporated for the use of said streets and highways; and, WHEREAS, the City Council of the City of San Marcos hereby finds and determines that the amount of Six Hundred Dollars ($600.00) per month is fair and reasonable compensation for such use of said streets and highways, said fee being a user fee in the nature of a licensing tax; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That fair and reasonable compensation, a user fee in the nature of a licensing tax, shall be charged Transportation Enterprises, Incorporated for the maintenance and operation of its shuttle bus service on and over the streets and highways of the city of San Marcos without a franchise agreement therefor. SECTION 2. That the sum of Six Hundred Dollars ($600.00) per month is fair and reasonable compensation for such use of said streets and highways by Transportation Enterprises, Incorporated.