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82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REPEALING ORDINANCE 81-76 ADOPTED SEPTEMBER 28, 1981, WHICH GRANTED A FIVE (5) YEAR FRANCHISE TO ARMADILLO EXPRESS TO OPERATE AND MAINTAIN A VEHICLE FOR THE TRANSPORTATION OF PERSONS AND PROPERTY UPON THE PUBLIC STREETS AND HIGHWAYS OF THE CITY OF SAN MARCOS TO AND FROM POINTS OUTSIDE SAID CITY AND DECLARING AN EFFECTIVE DATE. ORDINANCE 1982-62 WHEREAS, on September 28, 1981, the City of San Marcos, Texas acting through its duly elected City Council, adopted Ordinance 81-76 which granted a five-year franchise to Armadillo Express, a partnership consisting of Mike McIntire and Melinda A. McIntire; and, WHEREAS, the purpose of said grant was the equipping, maintaining and operating of a service for the transportation of persons to and from Wimberley, Texas, from and to points within the corporate limits of the City of San Marcos, and to and from points within said corporate limits from and to air- ports located in Austin and San Antonio; and, WHEREAS, said franchise was duly accepted by Mike McIntire and Melinda A. McIntire; and, WHEREAS, the City of San Marcos received notice on July 27, 1982, from Michael W. McIntire that Armadillo Express was never able "to generate any business" and that the company had never generated any revenue; and, WHEREAS, said City has not received any payments from street rental which are called for by said Ordinance; and, WHEREAS, the City of San Marcos, by letter dated September 15, 1982, notified Michael W. McIntire and Melinda A. McIntire of intent to forfeit and revoke said franchise as of October 22, 1982, should operation of said transportation enterprise not begin by that date; and, WHEREAS, said operation has not been so initiated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ~ffiRCOS, TEXAS: SECTION 1. That Ordinance 81-76, adopted September 28, 1981, is hereby repealed. SECTION 2. That that franchise granted to Armadillo Express by Ordinance 81-76 is hereby forfeited and revoked. SECTION 3. That all rights and privileges of Armadillo Express under the provisions of said franchise are hereby de- clared forfeited and revoked. SECTION 4. That this Ordinance shall be in full force and effect ten (10) days from and after passage and publication in a newspaper of general circulation in the area. PASSED AND APPROVED on first reading November 8, 1982. PASSED AND APPROVED on second reading November 22, 1982. PASSED, APPROVED AND ADOPTED December 13, 1982. Emmie Craddock Mayor