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cJ 140 0- -- - - ORDINANCE 1993. - 51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, GRANTING TO BILL KUHN AND D. S. GILBERT A FRANCHISE TO OPERATE AND MAINTAIN A HORSE-DRAWN CARRIAGE SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY FOR THE PURPOSE OF TRANSPORTING PERSONS UPON PUBLIC STREETS WITHIN THE CITY; STATING THE TERMS, CONDITIONS, OBLIG.ATIONS AND LIMITATIONS UPON WHICH THE FRANCHISE SHALL BE EXERCISED AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Definitions: As used in this Ordinance the cJ íl~Owing words and phrases shall have the meaning ascribed to a-' () . in this section: - tj:j - i..} 5¡¡ City- The City municipal r"'., 14J 0;1) A. of San Marcos, Texas, a (/J corporation operating by and under the laws of the State of Texas, situated in Hays County. rI IT'"' ~I B. Operator- Bill Kuhn and D. S. Gilbert, a general - - ~:i partnership, d/b/a San Marcos Pony Express - ('\) wS ~JJ SECTION 2. Nature and Extent of Grant: For and in ._-> ¡:ideratiOn of the Franchise Fee and of Operator equipping. .'.......'.'.' ... taining and operating a horse-drawn carriage service within ~ corporate limits of City for the purpose of transporting persons upon public streets within the City, City grants to Operator the right and authority to operate and maintain horse drawn carriages for the transportation of persons 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. Franchise Fee: For its use of the public streets, Operator agrees to pay to the City on an annual basis during the term of this franchise or any renewal thereof a franchise fee in the amount of $125.ØØ for each carriage to be operated by Operator. Payments shall be made at the City's Finance Department, 63Ø E. Hopkins, San Marcos, Texas 78666, within ten (lØ) days after the final adoption of this ordinance, and thereafter not later than the ann~versary of such effective date each year during which this franchise is renewed. Should the Operator desire to add additional carriages during the term of this franchise or any renewal thereof, the Operator shall advise the City Manager in writing, and shall pay the full fee for each such carriage, at the City's Finance Department in advance of using the additional carriages. SECTION 4. Route: The Operator may conduct business upon all streets and highways within the City, except that the Operator shall not conduct business upon any of the following: A. Interstate Highway 35 or its access or frontage roads; B. Uhland Road west of Interstate Highway 35; or C. Post Road. SECTION 5. ~uipment: The general design of the carriages used by the Operator shall conform to that depicted in the photographs identified as "Exhibit A" attached hereto and by reference incorporated herein for all intents and purposes. Carriages shall be inspected and approved by the City Manager of City or a duly authorized representative at least once each year. The carriages shall be well maintained at all times and shall be operated only when in a safe, dependable and sanitary condition. The carriages shall be operated in accordance with the laws of the State of Texas and the charter and ordinances of City. Carriages shall be so equipped as to automatically collect for later disposal all animal wastes emitted from the horses drawing the carriages. Operator shall be responsible for immediate removal of any animal wastes not so collected which are deposited upon the