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6237 ORDINANCE NO. 6237 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE NON - EXCLUSIVE FRANCHISE OF CABCO INC. DBA CALIFORNIA YELLOW CAB TO EXTEND THE TERM OF THE FRANCHISE WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter ") establishes procedures for the award of franchises by the City; provides that any person, firm or corporation furnishing the City or its inhabitants with transportation may be required by ordinance to have a franchise therefor; and further provides that the City Council is empowered to grant such franchises and to establish additional procedures and terms and conditions of such grants; and WHEREAS the City Council has heretofore adopted Section 1.02.010 requiring any person, firm or corporation furnishing the City or its inhabitants with transportation to have a valid and existing franchise therefor; and WHEREAS, the City Council has heretofore adopted Ordinance No. 5765 adding Chapter 4.73 of the Anaheim Municipal Code establishing additional procedures for the granting of franchises for taxicab service in the City of Anaheim and establishing additional terms and conditions of such grants; and WHEREAS, pursuant to the provisions of Section 1400 of Article XIV of the Charter of the City of Anaheim, and Section 1.02.010 and Chapter 4.73 of the Anaheim Municipal Code, Cabco Inc. dba California Yellow Cab was, by Ordinance No. 5801, awarded a franchise to operate 50 taxicabs in the City of Anaheim for a five -year term, with the possibility of extending such term for five additional one -year options (the "Franchise "); and WHEREAS, pursuant to the provisions of Section 1400 of Article XIV of the Charter of the City of Anaheim, and Section 1.02.010 and Chapter 4.73 of the Anaheim Municipal Code, Cabco Inc. dba California Yellow Cab was, by Ordinance No. 6139, awarded a franchise to operate 50 taxicabs in the City of Anaheim and extending the term of the Franchise to February 14, 2012; and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2012 -009 declaring its intention to amend the Franchise; stating the terms and conditions upon which it was proposed to amend the Franchise; and establishing the date, hour and place when and where any persons having any interest therein or objection thereto could appear and be heard thereon; and WHEREAS, notice of said public hearing was published and otherwise given in the manner required by Article XIV of the Charter; and WHEREAS, on February 28, 2012, the City Council commenced the duly noticed public hearing upon said proposed amendment of the Franchise to extend the term of the Franchise to May 15, 2012, which public hearing was completed by the City Council on February 28, 2012, and at which public hearing the City Council did hear testimony and consider evidence from persons having any interest in the proposed franchise, and did consider any and all objections thereto; and WHEREAS, the City Council hereby overrules all objections to the proposed amendment of the Franchise to extend the term thereof to May 15, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF FRANCHISE. The City Council hereby amends the non - exclusive franchise of Cabco Inc. dba California Yellow Cab to extend the term of said franchise to and including May 15, 2012. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. Except as amended herein, all remaining terms and conditions of the Franchise shall continue in full force and effect. SECTION 3. INDEMNIFICATION. The Franchise shall indemnify, hold harmless, release and defend the City its City Council and each member thereof, and its officers, employees, commission members and representatives from and against any and all liability, claims, suits, costs, expenses, fines, judgments, settlements, charges or penalties whatever, including reasonable attorneys fees, regardless of the merit or outcome of the same arising out of, or in any manner connected with, any, any or all of the operations or services authorized, conducted or permitted under this franchise. SECTION 4. INSURANCE. The Franchise shall provide and maintain in full force and effect during the term of this franchise liability insurance in accordance with the requirements set forth in Section 4.73.180 of Chapter 4.73 of the Anaheim Municipal Code. SECTION 5 CONFLICTS BETWEEN PROVISIONS. In the event of any conflict between any provisions of this ordinance and any provision of Chapter 4.73 of the Anaheim Municipal Code, the provisions set forth in said Chapter 4.73 shall prevail. SECTION 6 SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase or word of this ordinance be declared for any reason to be invalid or unenforceable by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7 SAVINGS CLAUSE. The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28 day of February, 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 6 day of March, 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Galloway, Sidhu, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM ./ MAY • R OF THE C TY OF ANAHEIM ATTEST: rj Vu i._�LI... CITY CLERK OF THE CITY OF A AHEIM 87997.1 AFFIDAVIT OF PUBLICATION ORDINANCE NO. &237 Alt)N�XCLUSIVE AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE FRw- CEASE OF CASCO INC. DBA CALIFORNIA YELLOW CAB TO'E7K7ENq TFIE TERM OF THE FRANCHISE STATE OF CALIFORNIA,) WHEREAS. Section 14W of Azole XIV of the c of the a%J Of Anaheim{yne 'Charter estaagor r the sward of franc by (may IN a any Person. ism a cwrporand turfishirng the Cigr «its m- habitants habiterits ss. ayes with may require✓ by ard$�anww tia�re a iriurChkre tlip►efar: and frxUrar Providers theCity Gourmet is empowered So grant such trarnohises mid to eh additlonst praxdores and temps arld conditions of such County of Orange ) gr,<,rs' and WHEREAS the CCiittyy Council has heretofore Ado pl9d $ectiott 1:02 t}Ig `tfifkapr9arpora- tion fumishi�ng the Cily or its inhe6itants with frmap ortaiiortlo haft a vallid flfld 1 I am a citizen of the United States and a resident WHEREAS, the City `CcIuncil has heretofore adppted Orclinence No. 57% edChepler a 73 of>he Ane - of the County aforesaid; I am over the age of helm Municipal Codd establishing additional pr for the granting of trasnchises fa- serviosoin 04 City of Anaheim andestabliefwtrg additional terms and cxxr ✓oris of such grants: and WHEREAS, to die provisions of Section 1400 of Ark* XIV of the Chad r of ffis Cly of Anaheim and Section 1.02.010 entl" 4:73 d thne Anaheim Municipal Code. Cabco eighteen years, and not a party to or interested in Ira;, dba Caflfomis YeNwv Ctlz wee, by Or - dinm,ce No. 5W1, awarded a to operate 611 taxicabs in the City of Anaheim for a fivolowperm, with the possibili- ty of extending such term for fire additional onelow opbons-(chi •Fra chisa•), and the above -entitled matter. I am the principal WHEREAS, pursuant to the provisions of Section 1400 of Article WV of the Chatter of ft OW of Anaheim, and Section 1.02.010 and Chapter 4.73 of the Anaheim Municipal Code, Caboo Inc: dba California Yellow Cab was by Or- dinanoe No. 6139, awarded a franchise to operate 50 taxicabs in the City of Anaheim and extending the term of the Fran. clerk of the Anaheim Bulletin, a newspaper that chieetoFebruary 14,2ni2;and has been adjudged to be a newspaper of general - WHEREAS, pursuant to the procedure set forth in Article far of the Charter, the City Conax:t did adopt its circulation b the Superior Court of the County Y P tri Resolution No. 2012-009 declaring Is intention to amend the Franchise; the terms and conditions upon which it was proposed to ar"a the Fran`h18e; a esteb Whii�g the date, hour and place when a where any persona having any interest lfarext«objection thereto appnsr and ba tawd.thereQn; and Orange,. State of California, on December 28, WHEREAS,of cle XtV Of the Charter and notice of said public hearing was publiened and crtheewiae given ktihe ma>rle7rewired by Arti- 1951, Case No. A-21021 in and for the Ci of City WHEREAS, on February 26, 2o12''na CW2V comma m,'00the'duty noticed public hearing upon said proposed amendment of the Franchise to extend the tear the Randniee to hlay 15, 2012 wiudt heering was completed by the Cit) Council February 26, 2012, °tlre on and or l qty Counoti did testimony and consider evidenceflan persons having any interest in the pidpbea flarailW6; consider wry and 'all Anaheim, County of Orange, State of California; thereto; and !W,did objections that the notice, of which the annexed is a true WHEREAS, the City Council hereby overrules all objections to the proposed riendrrarlt d`the Franchise toe,dendthe ternnOwedtoMay 15,2012. printed copy, has been published in each regular NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF ANAHEIM -DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF FRANCHISE. - and entire issue of said newspaper and not in an Y The Cily Council herebyamends the non-exclusive franchise of Cabco Inc, dba'Celifania.Yelbw Cab to ex- tend the teat of said franchise to and arckidirg May 15, 2012. supplement thereof on the following dates, to SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. wit: Except as amended herein, all remaining terms a conditions of the Franchise shaRcorpinue in hull force 'and effect. March 15,2012 sEcnoNa.fNDEiAgIFICATOON. The Franchryes shall ifiesmi nthr, hold -harmless, release and defend the City its City Council a Aadt mem- ber thereof, and its otfcox wn , ooaerniteion members a representatives from and against any wait liability, claims, suits, costs, a rrnertts, charges a penalties whatever, including reasonabfe.altor "I certify (or declare) under the penalty of tregerd«ee m.ra a wising Olt any mariner connected with, any, any of all «Pemrlted ler this franchime. perjury under the laws of the State of California SECTION a:I r4M that the foregoing is true and correct": The Franchise shall provide and maintain in full force and effect dursg the term of this franchise liability in - surance-in accordance with the requirements set forth in Section 4.73.160 of Chapter 4.73 of the Agshefm Municipal Code. SECTION 5 CONFLICTS BETWEEN PROVISIONS. Executed at Santa Ana, Orange County, In the event of any conflict between any provisions of this ordinance and any prevision of Chapter 4,73 of the Anaheim Mynicipai Code, the provisions set forth in said Chapter 4.73 shall California, on SECTION SEVERABILITY` The City Council of the City of Anaheim hereby declares that should an section, paragraph, arre sentence, phrase or word of this ordinance be declared for any reason to be invalid or unenforceable by the Tinel' u ph, se of any court of competent jurisdiction, it is the intent of the city Council that it would have passed alt other pox�s of. this 6rdn- Date: March 15 2012 nance independent of the elimination herefrom of any such portion as nay be declared invalid: SECTION 7 SAVINGS CLAUSE. The adoptan of this ordinance shaft not in any, manner affectthe prosecution for violations of ordinances a D which violations were committed prior to the effective date herd,. ria be construed as a wawa✓. any license « Penalty or the penal provisions �plicabor le to any violation thereof. The provisions thle, ordinance, r� as they are substan- �,{/ batty the sane as ordinance prpvsnorvs previously adopted'by the City relating to the sane isubfact matter, shall be con- strued as restalartreMs and continuations and not as new enactments. Signature THE FORE: RAs In@'Oducd at a regufw . yof the City Cmanotl of the City of Ana- heim held on the 2tlh ifttsrew pr passed,sl dAdr*edm a mat a regular meeting pf sold City Council held on the 6th day of „ llnwsnp-tee nxtY;nsrte.. AYES: Maya Tait, Coulwj4 6lliwil era ;gnu, Eestinarn and Murray ' Anaheim Bulletin NOEs: None 625 N. Grand Ave. ABSENT. None Santa Ana, CA 92701 ABs7AIN; ffone (714) 796-2209 PROOF OF PUBLICATION %Yo cF At CITYCFANAMEIM ATTEST: /s/ Linda N. Andal -, PulOfish`ARnaFSetifn &lllatliiiNerrh `tS: 201T9460t1T "- ' ` - - - -