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the payment of any fees, licenses or charges other than those <br />required by the statutes of the State of Texas; the regularly <br />levied and assesed taxes on its property located in the City <br />of San Marcos; a quarterly street rental charge consisting <br />of an amount equivalent to 2 percent of all gross receipts of <br />the Company on operations originating or terminating within <br />the corporate limits of the City of San Marcos. Respective <br />quarterly street rental payments shall be received by the <br />City no later than the tenth day of the months of January, <br />April, July and October. <br />E. Rates of Fares: Subject to change as hereinafter provided, <br />the services of the Company shall be offered and performed <br />on the basis of rates of fare approved by ordinance of the <br />San Marcos City Council. <br />F. Rate of Fare Adjustment: The Company's rates of fare may <br />be changed by the express approval of the City Council of <br />the City of San Marcos upon sixty days prior notice to the <br />City Council of such proposed rate schedule change and upon <br />public hearing. The proposed rate schedule shall also be <br />published by Company within thirty days after such filing <br />of notice with the City Council and prior to any public <br />hearing on the matter at least once in a newspaper of general <br />circulation within the City. <br />G. Insurance: The Company shall procure insurance against <br />liability arising out of injury or death to any person <br />or property damage caused by the negligent or willful mis- <br />conduct of the Company, its servants, agents or employees <br />or by the unsafe condition or operation of its vehicle or <br />equipment, and said insurance shall be in a minimum amount <br />of $100,000 for any one person, and $300,000 for any one <br />accident for personal injury or death, and $100,000 for <br />property damage. Said policy or policies shall be main- <br />tained in force during the term herein provided, and a <br />copy thereof shall be furnished to the City. In addition <br />to the foregoing, Company indemnifies and agrees to hold <br />harmless the City from any and all claims for damages <br />arising by virtue of any negligence or willful misconduct <br />of the Company, its agents, servants and employees. <br />H. Conditions of Franchise Granted: The rights, powers and <br />authority herein granted are granted subject to the Constitu- <br />tion and laws of the United States and the State of Texas, <br />the Charter of the City of San Marcos, and the ordinances <br />and codes of the City of San Marcos, as the same now exist <br />or may hereafter be amended so as to constitute reasonable <br />regulations protecting the health, safety and welfare to <br />insure safe, efficient and continuous mass transit service, <br />all of which enumerated provisions are incorporated herein <br />by reference and made a part hereof as fully as though <br />the same had been copied herein verbatim. <br />I. Manner of Giving Notice: Notice to the Company may be given <br />by leaving a written copy thereof at the office of a designated <br />agent of Company in the City of San Marcos during ordinary <br />business hours. Notice to the City may be given by leaving <br />a written copy thereof at the office of the City Secretary <br />during ordinary business hours. <br />J. Public Convenience and Necessity: The Company has established <br />by clear, cogent and convincing evidence, and the San Marcos <br />City Council has so found and determined, that the present <br />and future public convenience and necessity require the <br /> <br />1 <br />