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 "- ' ` - - - -