Ord 1999-029 - Laserfiche WebLink

Home Browse Search

::II ~l lIJy we. u:~ ~ ~ ~ - - DO o f2{l j:fta I..U:E C:::c Ed co ij)cn ~; (,.)('3 151 ORDINANCE 1999- 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, GRANTING TO THE SAN MARCOS NOON LIONS CLUB A FRANCHISE TO OPERATE AND MAINTAIN A TAXI SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY FOR THE PURPOSE OF TRANSPORTING PERSONS USING INNERTUBES TO AND FROM THE SAN MARCOS RIVER; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON WHICH THE FRANCHISE SHALL BE EXERCISED AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: SECTION 1. Definitions: As used in this Ordinance the following words and phrases shall have the meaning ascribed to them in this section: A. City- The City of San Marcos, Texas, a municipal corporation operating by and under the laws of the State of Texas, situated in Hays County. B. Service - The San Marcos Noon Lions Club. SECTION 2. Nature and Extent of Grant: For and in consideration of the Service equipping, maintaining and operating a taxi service within the corporate limits of the City for the purpose of transporting persons using innertubes to and from points on the San Marcos River, the City grants to the Service the right and authority to operate and maintain two trailers for the transportation of persons and property upon the public streets of the City for a term of one (1) year from the effective date of this franchise, subject to renewal in accordance with Section 14 of this franchise. SECTION 3. Route: The routes to be used by the Service are subject to the prior written approval of the City's City Manager or his designee. The Service will provide the City maps detailing the proposed routes. SECTION 4. Equipment: The general design ofthe trailers used by the Service will conform to the design depicted in the photographs attached as "Exhibit A" hereto and incorporated by reference for all intents and purposes. Trailers will be inspected and approved by the City Manager or his designee at least once each year. The trailers and any vehicles used to pull the trailers will be well maintained and operated only when in a safe, dependable and sanitary condition. The trailers and any vehicles used to pull them will be operated in accordance with the laws of the State of Texas and the charter and ordinances of the City. Any vehicles used to pull the trailers will be driven only by a driver qualified and licensed under the laws of the State of Texas. SECTION 5. Rate of Fare: The rate of fare for the transportation of persons and property by the Service will be $1.50 per person. SECTION 6. Rate of Fare Adjustment: The Service's rate of fare may be changed by the express approval of the City Council of the City upon sixty (60) days prior written notice to the Council of the proposed rate schedule change and upon a public hearing. The proposed rate schedule must be published within thirty (30) days after the filing of notice with the Council and prior to any public hearing on the matter at least once in a newspaper of general circulation within the City. SECTION 7. Nonexclusivity: The granting ofthis franchise shall in no way imply that this franchise is exclusive; and the City reserves the right at any time to grant an additional franchise or franchises to qualified applicants if and when the City Council determines that the public would best be served by an additional franchise or franchises. SECTION 8. Public Convenience and Necessity: The Service has established by clear, cogent and convincing evidence, and the San Marcos City Council has found and determined that the present and future public convenience and necessity require that the operations here authorized be performed by the Service, and that the public convenience and necessity will be served by the granting of this