6236 ORDINANCE NO. 6236
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE NON - EXCLUSIVE FRANCHISE OF YELLOW CAB
COMPANY OF GREATER ORANGE COUNTY, INC., 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, Yellow Cab of Greater Orange County, Inc., was, by Ordinance No. 5799,
awarded a franchise to operate 130 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, Yellow Cab of Greater Orange County, Inc., was, by Ordinance No. 6140,
awarded a franchise to operate 155 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 allow Franchisee to operate
one hundred fifty -five (155) taxicabs within the City of Anaheim and 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 to the Franchise to allow the Franchisee to operate one hundred and fifty -five (155)
taxicabs within the City of Anaheim and extend the term of the Franchise 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 Yellow Cab
Company of Greater Orange County, Inc., to allow the operation of one hundred and fifty -five
(155) taxicabs within the City of Anaheim, and 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
ABS ENT: None
ABSTAIN: None
CITY OF ANAHEIM
77/
MA OR OF THE CITY OF ANAHEIM
ATTEST:
r I
L11Li . � , •
CITY CLERK OF THE CITY OF A AHEIM
88004.1
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:
March 15, 2012
"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: March 15, 2012
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Fee
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ffi ,%W"PoWerbdAQ 0Vr**%1chftMft1bft and to eefet
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tion furnishing the sniflsporfalion
sperson,firm orcorpora-
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WHEREAS, prlanaht to the provisions of Section 1400 of Article XIV of thio Charter of the City of Amaheim,
and Section 1.02.010 andOran
4.73 of the Anaheim Municipal Code, Yellow Cab of uneaten -go Courriy, lno.,was
,
by Ordlnarnoe No.1g40, ewar�a franchise W operate 155 taxicabs In they of Anaheim and e%tending the term ot the
Franchise td February, 2012; and,
WHEREAS. purauard Witteprocedure set forth in Article XIV of the Chador, the City council did adopt its
ResolutionNo. 2012-000 declaring Its intention W amend the Frw of ise, ''�g tx terms mrd oondi(laq uptkt whidt n
was proposed W amend the f wr hlse; and estebNef�n the die, has and place wfren and Mrere arty persons having
arty interest therein or obleotiorrths,reto could appear be Fneary"thereon;. and `
WHEREAS. noWeof said Public hearing was published and otherwise given in the mannerrbb**td by Arti-
cle XIV of the Charter; and
WHEREAS, on Febnovy 28.2D12, the City Council commenced the duty m�orticedp�
proposed attatrtattt611t of the Franchise W allow Franchisee W operate one hundred°A111vufive fi wxtr��411W r�
sarro nawmg any axe eat in fineproposed franchise, and did caneirkrtsry f`M)Nebleetlone tineretq; and
WHEREAS, fila Council hereby overr0k* A1f obJaqUorta to the proposed arnerrdrnsnt
W allow thef�ea tp %tartoNmdred and RRy five (15" *tioa b& within the Artatrolri and arm
of the Franchpae�J5leg( tin a
fVCOUNd4flFft CRYQFAN#IEIMDOES. A4Ft7t#'OIM
6 M NT bF FRANCHISE.
T ha,, ¢il+r$by amends fhe run -exclusive tianch" of Yellow Cab yof 9r °(5ra�ge
County. Inc. W allow operation of one hundred and fifty-five (155) taxicabs wAhin the CRY Ana oWn, and W etdend
the tam 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 affect.
SECTION 3. INDEMNIFICATION.
Ttindemnity, le Franchise hold hornless, release and defend the City its Ciar CoumcA and each Mem,ber thereof, arW,ts officers, emoldyees, oommisaion members and representatives fromm64 'any`indINti q,
claims, suits, costs, expenses, lines, )udgmenla, settlements, charges or penalties whatever, loading reasonable ato-
neps feats, of the merit woutcome of the same erney� out of, or in any mamer cpnnected wMff, ary, any or all
of lbs ops or eP*W bulhoriz6ci. conducted or permiftad smote the Nanchies. ,
•sty: n�stfw►r�c;E.
The F CYtisa pYrnirde aid maltain M f it - effect the tam ofthiex
surance in acogndatpP 11` ulraq�rta set tor* in Se *M,,C7'3 *OW .7A 4111.1 Gglla.
Sge `8 BETWEEN PROVISKNIS,
the Mahaim In tits ,�, of between argr provisions, of thio any
any Proal�naf Chapter d
hMxxgip 1 ae1 forth m said Chapter 473
l
The Citi CoUnQl , 1he,Q"'cf Anaheim hereby declared that shoo arty Wit. sentence,
phrase or word of this odma ore O df pd for any reason W be lwadd or un9MofgaWg �b�ir lha of
court of compel lunrsd%fionf it to tM"interni of the City Council thret it would have passed'altother po of this ddi-