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<br />ORDINANCE 2007 - 26 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 90, VEHICLES FOR HIRE, OF <br />THE CITY OF SAN MARCOS CODE OF ORDINANCES TO ADD <br />ARTICLE V, REGULATING RIVER SHUTTLES; ESTABLISHING AN <br />ANNUAL FRANCHISE PROCESS; SETTING A FEE; ESTABLISHING A <br />RIVER FUND; PROVIDING FOR PENALTIES AND ESTABLISHING AN <br />EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City Council finds and declares that businesses utilizing the city streets and <br />parks for the purpose of river recreation constitute a viable component to the economic <br />well being of the City. Since recreational use of the river is increasing, the concurrent <br />use of the City's streets, parks, and other public property is also increasing. The <br />increased use of this City property necessitates that certain regulations be put in place <br />to balance the needs of the City and its residents with those who use the river for <br />recreational activities. These regulations are being implemented to help manage the <br />commercial use of City streets and parks for the safety of the City's residents and <br />visitors. <br /> <br />2. The City Council finds it to be in the interest of the public and in furtherance of the <br />general welfare that a franchise, with the imposition of a reasonable fee, be required for <br />those businesses that use City streets, parks, and other public property for commercial <br />enterprise related to river recreational activities. The City Council further finds that due <br />to nature and size of the river area available for recreational activities the total number <br />of franchises should be limited. <br /> <br />3. The City Council finds that the fees collected form the franchises should be placed <br />into a fund that would benefit the River, by restricting the use of such funds to River <br />related activities, including River projects, litter control, enforcement and security, and <br />street and parking issues for the area immediately abutting the San Marcos River. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />Section 1: Chapter 90 Vehicles for Hire, is amended by the addition of the following <br />article and sections: <br /> <br />Article 5. River Shuttles <br /> <br />Division 1. Generally <br />