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<br /> -2- <br /> public streets. Operator shall have each of its horses examined <br /> by a state-licensed veterinarian designated by the City at least <br /> once each ninety (9Ø) days, and shall maintain the most recent <br /> certification of the health of each horse provided by the <br /> veterinarian for inspection by the City Manager of City or a duly <br /> authorized representative. Operator shall bear the costs of the <br /> examination and certification. Operator shall keep its horses <br /> overnight in stable facilities of suitable size, which shall be <br /> maintained in healthful and sanitary condition, and shall be <br /> inspected at Operator's expense by the City Manager's authorized <br /> representative at least once each ninety (9Ø) days. If such <br /> facilities are located within the city limits of the City, they <br /> shall not be located in any district zoned for residential uses. <br /> All vehicles and equipment used by the Operator to transport <br /> horses or carriages shall be stored on private property when they <br /> are within the City and not actually engaged in transport. <br /> SECTION 6. Rates of Fare: The rate of fare for the <br /> transportation of persons by Operator shall not exceed $lØ per <br /> half hour per person. <br /> SECTION 7. Rate of Fare Adjustment: Operator's rates of <br /> fare may be changed by the express approval of the City Council of <br /> City upon sixty (6Ø) days prior notice to the Council of the <br /> proposed rate schedule change and upon public hearing. The <br /> proposed rate schedule shall also be published within thirty (3Ø) <br /> days after the filing of notice with the Council and prior to any <br /> public hearing on the matter at least once in a newspaper of <br /> general circulation within City. <br /> SECTION 8. Nonexclusivityt The granting of this franchise <br /> shall in no way imply that this franchise is exc1usive~ and City <br /> reserves the right at any time to grant an additional franchise or <br /> franchises to qualified applicants if and when the City Council <br /> shall determine that the public would best be served by an <br /> additional franchise or franchises. <br /> SECTION 9. Public Convenience and Necessityt The Operator <br /> has established by clear and convincing evidence, and the San <br /> Marcos City Council has found and determined that the present and <br /> future public convenience and necessity require that the <br /> operations here authorized be performed by Operator, and that the <br /> public convenience and necessity will be served by the granting of <br /> this franchise. <br /> SECTION 1Ø. Non discrimination: The Operator shall offer <br /> its services on a nondiscriminatory basis to all persons and shall <br /> not discriminate upon the basis of religion, race, sex, age, <br /> national origin or physical handicap in its operation. <br /> SECTION 11. Insurance: Operator shall maintain in full <br /> force and effect insurance against liability arising out of injury <br /> or death to any person or property damage caused by the negligent <br /> or willful misconduct of Operator's servants, agents or employees <br /> or by the condition or operation of its carriages, and this <br /> insurance shall be in a minimum amount of two hundred fifty <br /> thousand dollars ($25Ø,ØØØ.ØØ) for injuries to anyone person, and <br /> five hundred thousand dollars ($SØØ,øøø.øØ) for each single <br /> occurrence of bodily injury or death~ and one hundred thousand <br /> dollars ($lØØ,ØØØ.øØ) for any single occurrence of injury to or <br /> destruction of property~ and such insurance policy shall contain <br /> the endorsement that such insurance may not be cancelled or <br /> amended with respect to Operator without thirty (3Ø) days written <br /> notice by certified mail to City by the insurance company. A <br /> certificate verifying all such insurance shall be delivered by <br /> Operator to City within ten (lØ) days of the effective date of <br /> this ordinance, and thereafter each time such insurance is renewed <br /> or changed. The minimum limits of any insurance coverage required <br /> herein shall not limit Operator's liability under Section 12 of <br /> this Ordinance. <br /> SECTION 12. Indemnity: Operator shall indemnify, hold <br /> harmless and defend City and all officers, agents and employees of <br /> City from and against all damages, claims, losses, demands, suits, <br /> judgments and costs, including reasonable attorneys' fees and <br />