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<br />96 <br /> <br /> <br /> <br />Regular Meeting July 13, 1992 Page 2 <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS <br />TEXAS, GRANTING TO BILL KUHN AND D. S. GILBERT A FRANCHISE TO <br />OPERATE AND MAINTAIN A HORSE-DRAWN CARRIAGE SERVICE WITHIN THE <br />CORPORATE LIMITS OF THE CITY FOR THE PURPOSE OF TRANSPORTING <br />PERSONS UPON PUBLIC STREETS WITHIN THE CITY; STATING THE TERMS, <br />CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON WHICH THE <br />FRANCHISE SHALL BE EXERCISED AND SETTING AN EFFECTIVE DATE. <br /> <br />Mayor Morris opened the public hearing and asked if anyone wished to <br />speak. Gail Fields stated there are lots of complaints regarding <br />the horse-drawn carriage service in San Antonio, and there are <br />accidents with vehicles weekly. She stated after an accident which <br />resulted in a death Las Vegas has banned this service from their <br />City. She stated she and others feel compassionate towards animals, <br />and are concerned for the horses' feeding, watering and cleanliness. <br />She is willing to help the Council obtain information regarding this <br />service. Bill Kuhn stated horse-drawn carriage services are <br />operating in San Antonio, Dallas, Houston, Boerne and Bandera, and <br />would like to show the Council the operation in San Antonio. He <br />stated the animals are not worked hard, and water is carried on the <br />buggies for the horses. Mr. Moore asked Mr. Kuhn to describe the <br />health care of the horses and maintenance of the carriages. Mr. <br />Kuhn stated they are both inspected every 90 days in San Antonio and <br />the horses are certified by trained veterinarians. No one else <br />wished to speak and Mayor Morris closed the public hearing. Mr. <br />Hart moved for approval of the Ordinance on first reading and Mr. <br />Moore seconded the motion. Mr. Hart asked Mr. Kuhn about the <br />diapers. Mr. Kuhn stated they are using a new type diaper, which <br />cannot miss droppings. He stated he knew of no carriage-car <br />accidents in the two years he has worked in San Antonio. He stated <br />he plans to use either a 1,500 pound horse or a team of two horses, <br />which weight would exceed 1,500 pounds, because San Marcos is hilly. <br />He stated the carriages have brakes and the horses are rotated every <br />four to six hours. The Planning Department is assisting Mr. Kuhn in <br />locating stables for the horses. Mr. Kuhn's service plans to <br />provide historical district tours, and they do not plan to work <br />during peak traffic times. Mayor Morris asked the City Attorney if <br />the veterinarian certifications and carriage inspections could be <br />incorporated in our Ordinance, and Mr. Taylor was directed to place <br />this provision in Section 5 for second reading. Mayor Morris stated <br />she was concerned for the operation in traffic areas. Ms. Kissler <br />asked Chief Martin if he had experience with these services~ and <br />Chief Martin stated he has no experience with franchised services <br />but has had experience with these services for special occasions and <br />knows of no problems they would create. The Council voted <br />unanimously for approval of the Ordinance on first reading. <br /> <br />Mayor Morris introduced for consideration approval of an Ordinance <br />on first reading, the caption which was read as follows: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, ANNEXING TO THE CITY A TRACT OF LAND CONTAINING 51.62 <br />ACRES, MORE OR LESS, FRONTING ON HIGHWAY 35 AT ITS INTERSECTION <br />WITH CENTER POINT ROAD IN HAYS COUNTY, TEXAS (LOWMAN TRACT AND <br />CENTER POINT ROAD RIGHT-OF-WAY), THIS LAND BEING LOCATED WITHIN <br />THE EXTRATERRITORIAL JURISDICTION OF THE CITY AND LYING <br />ADJACENT TO PRESENT CITY BOUNDARIES; APPROVING A SERVICE PLAN <br />FOR THIS TRACT; EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS <br />TO INCLUDE THIS TRACT; GRANTING TO THE INHABITANTS OF THIS <br />TRACT ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF THE <br />CITY; BINDING THE INHABITANTS BY ALL OF THE ACTS AND <br />ORDINANCES, RULES AND REGULATIONS OF THE CITY; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />Ms. Kissler moved for approval of the Ordinance on first reading <br />and Mr. Moore seconded the motion, which passed unanimously. <br /> <br />Mayor Morris introduced for consideration approval of an Ordinance <br />on first reading, the caption which was read as follows: <br />