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5800ORDINANCE NO. 5 800 AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON-EXCLUSIVE FRANCHISE TO A WHITE AND YELLOW CAB DBA A TAXI CAB FOR THE PURPOSE OF OPERATING TAXICAB SERVICE IN THE CITY OF ANAHEIM; AND STATING THE TERMS AND CONDITIONS UPON WHICH SAID FRANCHISE IS GRANTED. 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 to 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 findings and determinations heretofore made by the City Council as set forth in said Ordinance No. 5765, Section 4.73.045 of said Chapter 4.73 of the Anaheim Municipal Code provides for the award of not more than three initial franchises for the operation of a total of two hundred and thirty (230) taxicabs within the City (the "Initial Franchises"); and WHEREAS, the City Council has heretofore solicited competitive proposals from interested persons, firms and corporations for the award of the Initial Franchises pursuant to that certain Request For Proposals issued by the City on September 20, 2000 (the "RFP"); and WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal dated October 25, 2000, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the "Proposal") from A White and Yellow Cab dba A Taxi Cab (the "Franchisee"); and WHEREAS, the City Council of the City of Anaheim heretofore reviewed said Proposal, and considered the information presented therein, and in the staff reports and recommendations and other relevant information relating thereto; and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2001 R-89 declaring its intention to grant a non- exclusive franchise to the Franchisee for the purpose of operating taxicab service in the City of Anaheim; stating the terms and conditions upon which it was proposed to grant 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 June 121, 2001, the City Council commenced the duly noticed public hearing upon said Proposal and the proposed grant of a franchise to Franchisee to operate taxicab service within the City of Anaheim, which public hearing was continued from time to time and was completed by the City Council on December 11, 2001, 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 grant of a franchise to the Franchisee to operate taxicab service within the City of Anaheim in accordance with the terms and conditions and subject to the limitations hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. GRANT OF FRANCHISE. The City Council hereby grants a non-exclusive franchise to A White and Yellow Cab dba A Taxi Cab for the operation of 50 taxicabs within the City of Anaheim, and for temporary permits for the occasional or seasonal operation of up to 30 additional taxicabs at such times and upon such dates as specified in the Proposal. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. The terms and conditions upon which said franchise is granted, and with which the Franchisee is hereby expressly required to comply, are each of those certain terms, conditions, limitations, representations and requirements as expressly set forth in (i) the RFP; (ii) the Proposal; and (iii) the regulations and requirements for the operation of taxicabs as set forth in the Anaheim Municipal Code as amended from time to time (the "Regulations"). The Proposal, the RFP and the Regulations are incorporated herein by this reference as if set forth in full. The aforesaid documents are on file, and available for public inspection, in the Office of the City Clerk of the City of Anaheim during regular business hours. 2 SECTION 3. TERM OF FRANCHISE. Upon timely acceptance hereof, the term of this franchise shall be for a period of five (5) unless earlier terminated under the terms of Chapter 4.73 of the Anaheim Municipal Code. Said franchise shall be extended for one (1) additional year after each of the first five (5) years of the term hereof by the City Council upon request of the Franchisee provided the City Council determines that the franchise has been exercised in a manner consistent with Chapter 4.73 of the Anaheim Municipal Code and with the terms and conditions of such franchise during such one (1) year period. Each annual extension shall be requested in writing by the Franchisee to the Director of Planning of the City of Anaheim, or his or her authorized representative, not earlier than thirty (30) days prior to, nor later than thirty (30) days following the annual anniversary date of the adoption of this ordinance. Failure to request any annual extension within the time period specified shall be deemed a waiver of said annual extension. The term of this franchise shall commence upon the later of either the effective date of this ordinance or the date of acceptance of this franchise by the Franchisee as required pursuant to Section 1403 of the Charter. SECTION 4. INDEMNIFICATION. The Franchisee 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 5. INSURANCE. The Franchisee 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 6. CONFLICTS BETWEEN PROVISIONS. In the event of any conflict between any provision of this ordinance and any provision of Chapter 4.73 of the Anaheim Municipal Code, the provision set forth in said Chapter 4.73 shall prevail. SECTION 7. 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 3 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 8. 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 is approved and adopted by the City Council of the City of Anaheim this 15 th day of January , 2002. ATTEST: ( J4"a r 77V- CIW CLE OF THE CITY OF ANAHEIM 42890.2 4 MAYO OF THE CITY OF A6 HEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CIN OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5800 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of January, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None Of CIN CLERK46F THE CIN OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 24, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County.. California, on Date: January 24, 2002 30 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp ORDMANCE NO. 5800 AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON-EXCLUSIVE �FOR TO A WHITE AND YELLOW T� � DBA SERYIO[ THE IITTY OF FUR OF TING SAID�FRSIk'. .AND BIONS WHEREAS, Section 1400 of Article XIV of the Charter 6f rhe City of Alatlolm (She "Charter") establishes adores for the award of franchises by the City; provides that any pe firm or oorlfwationlUrnishing the City w in with transportation may be required by ordinance to have a thera�; andlt;tdttir provides that uric em- powered to grant such frarx*iaes and to establish a procedtasFand tar" and conditions ofgfpnts;land WHEREAS, the City Council has heretofore �doPletl 1.02 u anrs yc peon, firm w cwretb pon furnish- ing the City or its inhabitants with transportation fo have a end Therefor; and WHEREAS; the qty II has heretf?fsre adopted ante No. $755ad�nq 4.73 t the Aneholm*nici- p�l Codeeabbliafiirg a�161 proced{rfla for the g, franchfwYfw ia>dCif3>�'rn the tr hof Atwheinl:and establishing additional terms and .ndltle�of such ; ehd WHEREAS, pursuant to findings and-detennihatiorx` " b � C� Council as set tlyilh in sold Ordi- nance No. 8755, Sectlorr 73:CN5 of said Cf+aofer 4.73 provides for ithnh, of no more than three inulol franchises for the operatbrn of a lolal of a Icy: _ tesscabs rW[hin ►C y (the *#" franchises'); and WHEREAS, the City Council has heretofore solicited �r ttpp e100" Ineweated firma and orpo- rations for the award ofth a Initial Franchises pwrsuantto tftri certahs sis lssu� City on Saptem- bar 20, 2000 (the 'RFP'); and WHEREAS, pursuant to the RFP, the Chir of Anaheim -has heroiolorertaosived a whiten�sd 04ober,25, 2000, for non excNxlve trero ise b opera% Wkab seryl within the C lly odAriahelm (the frwq A White and Yellow Cab dba A Taxi Cab Mrs'Franchissir•); and WHEREAS, the City Council of thed and co-traichrad the Inform presented therein, and in the stag} r�'tsoWh eaone Y! t f Irtiorma5rin rWeting therein and WHEREAS; pursuant to the procedure set forth In Aft4 XIV of the C hdrtar, the City Council cid , , pwoluiion No. 2001R-09 declaring ib intention to grant a,� frsihohWe to Ba Franchisee for the taxicab service in the City of Anaheim; stating temla and conditions upon which it was pr fie �' tthe franchise; and estabihhi tlhe hour R1d when and where aWpereons'having arty irrteresft� ,n or objection thereto crould appear and thereon; and WHEREAS, notice of said public hearing was published and otherwise given in the manner rsquksi l by Article XIV of the Charter; and WHEREAS, on June 12, 2001, the City Coune)[ d thpticed blit heanng nlportatYCl Prgpoeol and the proposed grant of a frarnckrlee to Franchises b opsrlilp", wkhin Drs City of AnetaMn, ahidl publb haenng urea wntinued from ulna to time and was re tl1e C on December 11, 2OK- and at which public hearing the City Cotrncfi did hear Porsche having arty intellat N the proposed franchise, and tAd eMtsider enyobjerdlortll o; operWHEREAS, e �Et��RtlgE�AASb, the C Kinch hereby ownuks all objetiwe to the ward of a'franchbe to the Franchisee to Itmitatio twos tna rvi o w=the, Cfty of An@tW fi In accoCs !with and conditions -- rt NOW, THEREFORE; THE CITY COUNOII OF THECf -*.W ANAHIMM,,DOES ORDAIN AS FOLLOWS: SFOTIAN h f.RANT 6F FRAr4cHI,SI-` - ... The City Council grant$ a frenOft to A While Wid Yellow Cab Ciba A Taxi Ceb for the operation Of 50 taxicabs within the o occasional or seasond oilleralbn of up to 30 additional tmdcabs etan, and uporYstwh dates dW led M tti$P epooM. , SEOMDN 2-TFRwR AND c-nr CA' M OF FRANCHISE The terms and conditions upon whichi said french" is9faMed WW*ft which the Ftsnchleeo to hereby required to oompty, aro each of those certain tannin, cot�6ric limitations, representations and nquiferr»n as eressly xarosaN set forth In A tta RFP: u w ,rpurmw rromn oy sus a6 R,sar t� rkMb �i 4erogr0 VMUmenW4re On NO, ant MM" for public inspection, ih the Office of tFa City rk of tis o f during roplar business hours. 9ECT1QN q TEF] P- NC.Hr.CF Upon ilmehl ecoepbnde thereof the bra of shall be'for, clod of five (5) u soler terminated under the terms of C�heptarO 4.73 of fje Anlhstgf tu0lda. Said ah e l be a dot 0) additional . Lear after esdh of the first fM{ #r) yews of tfia bytla Cay Cbtahcil upon request W that wovided the ocher s srm ce eeaneo a tarrrar or sato amhtnr axartexxt. The tens of this tranchtsa shag �.rpoir the later of • er the enactive Clete of &&Malls Ortlhe dab of Weepthnos of this franchise by thafranohirea M -Wired pursuant to Sectlon 1403 o tfM Charter. SECTION a WDEMMAXICK The Franchisee shag ' hod henna the ks Cay Council and each member thereof, and its ofil s xrrd acid net ant! dawns, wits, costa, a wf�err lrc= reggrdsss Of the nWiflor' bf r pat manner conneobd with, any, aN off the operations or seMcea cord' , this Franchise. RECTION A aNel IR - The Franchisee eiWf and In full yy��i�d effect durinngg the term of this franchMa Insurance in accordance with the taga�''as1 VSaagon 4NO of Chapter -41,73 of the PvwFreltrh Code. Rccnunta In the evl6rrt of any between any provision of thio ordinance and any provision of Chapter 4.73 of the Andaim MunicipalCode,tM solfoftlnNrasfd'Ghipbr4TD?shlfiprevoll. The City Council oftta < of y rpt dad \ should per rpph, phrasb or word of this ordinance fEr.rw a t,y ws�w , ,,.�rr� www—Q aF,� r.. MM"!".. of ata Mmsre 'iarcllom f>f ai►y auks portion as maybe declared involid. ' 11.8. Re ak � mt oft M , a at1eN not it . tree pro�ecution for virdations of ordigances which be tl1a ba anted as ori lnaoof I fer z $'tire )Iaet+iesligucufuahfit►talemno to Sias sam8 nvttar ie b api, 010ed IMid adoplyd by the City Council of l he O3ty f Mal aim thio 15th day of TOM,DALY MAYOR OF THE CITY OF ANAHEIM OFTM!SC Y EIM F eWhauo, Kftrhg, Tag, McCracken, Daly mai .'