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118 ORDINANCE 1989-63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, GRANTING TO THE SAN MARCOS BREAKFAST 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 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 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 Breakfast Lions Club. SECTION 2. Nature and Extent of Grant: For and in consideration of Service equipping~ maintaining and operating a taxi service within the corporate limits of City for the purpose of transporting persons using innertubes to and from points on the San Marcos River, City grants to Serv ice 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 (I) year from the effective date of this franchise, subject to renewal in accordance with Section 14 of this franchise. SECTION 3. Route: The routes used by Service shall be subject to the prior written approval of the City Manager of City. SECTION 4. Equipment: The general design of the trailers used by Service shall conform to that depicted in the photographs identified as "Exhibit A" attached hereto and by reference incorporated herein for all intents and purposes. Trailers shall be inspected and approved by the City Manag er of City or a duly authorized representative at least once each year. The trailers and any vehicles used to draw the trailers shall be well maintained at all times and shall be operated only when in a safe, dependable and sanitary condition. The trailers and any vehicles used to draw them shall be operated in accordance with the laws of the State of Texas and the charter and ordinances of City. Any vehicles used to draw the trailers shall be driven only by a driver qualified and licensed under the laws of the State of Texas. SECTION 5. Rates of Fare: The rate of fare for the transportation of persons and property by Service shall be One Dollar and Twenty-five Cents ($1.25) per person, and said rate of fare is hereby in all things approved~ SECTION 6. Rate of Fare Adjustment: Service's rates of fare may be changed by the express approval of the City Council of City upon sixty (6Ø) days prior notice to the Councïl of the proposed rate schedule change and upon public hearing. The proposed rate schedule shall also be published within thirty (3Ø) 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 City. SECTION 7. Nonexclusivity: The granting of this franchise shall in no way imply that this franchise is exclusive; and City reserves the right at any time to grant an additional franchise or franchises to qualified applicants if and when the City Council shall determine that the public would best be served by an additional franchise or franchises. SECTION 8. Public Convenience and Necessity: Service has established by clear~ cogent and convincing evidence, and the San Marcos City Council has found and determined that the present and