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I I I 61 ORDINANCE NO. 1980- 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THAT ORDINANCE ADOPTED APRIL 14, 1980 WHICH GRANTED TO RIVER TAXI SERVICE A FRANCHISE FOR ONE YEAR TO OP- ERATE AND MAINTAIN A TAXI SE~lICE WITHIN THE CORPORATE LIMITS OF SAID CITY F@R THE PURPOSE OF TRANSPORTING PERSONS USING INNERTUBES ON THE SAN MARCOS RIVER BY DELETING THE REQUIRE- MENT THAT ANY INSURANCE POLICY PROCURED CONTAIN A WAIVER OF THE SUBROGATION RIGHTS OF THE INSURANCE COMPANY AGAINST CITY; BY REQUIRING INDEMNIFICATION BY SERVICE WHEN CITY HAS CAUSED DAMAGES, CLAIM, LOSS, DEMAND, SUIT, JUDGMENT, COST OR EXPENSE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of San Marcos, Texas, on April 14, 1980 adopted an ordinance granting to River Taxi Service a franchise to transport persons over certain city streets; and, WHEREAS, said Ordinance may be amended after public hearing when its provisions have become obsolete or impractical; and, WHEREAS, said council has received a request to amend section 10, entitled "Insurance" of said Ordinance; and, WHEREAS, said Council desires to amend section 11, entitled "Indemnification", of said Ordinance; and, WHEREAS, after due notice a public hearing was held on June 23, 1980 regarding the request for amendment and the proposed amendment; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That section 10 of that ordinance adopted April 14, 1980 which granted a franchise to River Taxi Service, is hereby amended to read as follows: Section 10. Insurance: Service shall procure insur- ance against liability arising out of injury or death to any person or property damage caused by the negligent or willful misconduct of Service, Service's servants, agents or employees or by the unsafe condition or operation of its trailer or any motor vehicle drawing said trailer, and said insurance shall be in a minimum amount of one hundred thousand dollars ($100,000.00) for anyone person, and three hundred thousand dollars ($300,000.00) for each single occurrence of bodily injury or death; and one hundred thousand dollars ($100,000.00) for any single occurrence of injury to or destruction of property; and such insurance policy shall contain the endorsement that such insurance may not be cancelled or amended with respect to Service without ten (10) days written notice by registered mail to City by the insurance company. The original policy of all such insurance shall be delivered by Service to City within ten (10) days of the inception of such policy by the insurance company. The minimum limits of any insurance coverage required herein shall not limit Service's liability under Section 11 of this Ordinance. SECTION 2. That section 11 of that ordinance adopted April 14, 1980 which granted a franchise to River Taxi Service, is hereby amended to read as follows: