6238 ORDINANCE NO. 6238
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE NON - EXCLUSIVE FRANCHISE OF A WHITE AND
YELLOW CAB INC. DBA A TAXI 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, A White and Yellow Cab Inc. dba A Taxi Cab was, by Ordinance No. 5800,
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, A White and Yellow Cab Inc. dba A Taxi Cab was, by Ordinance No. 6132,
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 A White and
Yellow Cab Inc. dba A Taxi 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
MAYOR OF THE ITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
88418.1
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
1 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
14J44MV_41&�
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
rlaolrarr® vrvh can porwoon mey os racyarw oy an nava a aancnree merswr; srw mvner prwwea mer vie
Council empowered to grant auWt asuatilie ertd anrKsN addaionat procetthiree and tarirre arhd carx)Clorrs of a
grants; and
WHEREAS Cha yCot ,has heretofore Sao.1.02.010 r uidn arty Person, rim or corpora-
tion fumishing the �y or 1b'nFM w�r_tr.Wm .t tol. * "qhd odedngg., dretpfor; and
WHEREAS the Cog bas heretolooe ado lydmove N0. 87M add 4.73 of the Ana-
nai �r F.ccde ddiu«tal p cedu, rimes for ofa *%A fpr' swvft In the, City of
WHEREAS, - to the provisions of Section 1400 of Article XIV of the
Charter of the T of Ant `si.
and Section t.02.0*and s.7$ of tha Anaheim hkmidpet Code; A Waite and YerRow Gab inc dba A azi_ was
by CkdinancrPb.'8132,- a franchise to operate 50 in the City of Arvihekth and efaerlding the term of the
Franohree to Febn,rary 14, 20127 arj..
WHEREAS, pursuant to the procedure set forth in'Artide xtv of the charter, the city Council didado
tits
Resolution No. 2012.008 dsdterms ering its interttion to amend the Franchise: stating the tes and conditions u which it
was proposed to amend the Franchise; and establishing 0* date; hour and place when and where any persons having
any interest therein or objection timreto could appear and, be heard thereon: and
WHEREAS, notice of said public hearing was published and otherwise given in the manner required by Art!-
cb XtV ofe.Ctwler, pod _
'1 1F1F ,nn ihwtvtriQv ha 961D iha [*Jlis Z+.nuy�i eYtira4�wnr�wt tl» ttrii�.a61ih'IYs. rievmei ra7r1
rre_ ran. yr rv®nevrh a.c+mea or nenfo 56a secmn, senrerrce,
phrase or word of ct " , - for an,/ reason ba imraUd or urrerdoiceable by' the tkial ent.pR �
court of competent iurodiction, it iIktw itoent cf the:city G;ury that it would have passed alt other of this or0i-
nanoe independent of t11e herefrom of any such portion as y be Oeclared.lrwalid.
SECnCN 7 SAV*M CLAUSE.
The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances
MAR -08-2012 16:20 OCR
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1W, 06V
e0,_ST4
ORDINANCE NO. 6238 JJ
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE NON-EXCLUSIVE FRAN-
CHISE OF A WI IITE AND YELLOW CAB INC. ORA A TAXI CAB TO EXTEND THE TERM
OF THE FRANC 0SE
WHEREAS, Sect an 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter') establishes pro.
cedures for the award of tranchi res by the City; provides that any person, firm or corporation furnishing the City or its in-
habitants with transportation me I be required by ordinance to have a franchise therefor, and further provides that the City
Council is empowered to grant ;.uch franchises and to establish additional procedures and terms and conditions of such
grants: and
WHEREAS the Ci y Council has heretofore adopted Section 1.02.010 requiring any person, firm or corpora-
tion furnishing the City or its Inhe 31tants with transportation to have a valid and existing franchise therefor: and
WHEREAS, the C ty Council has heretofore adopted Ordinance No. $765 adding Chapter 4.73 of the Ana-
heim Municipal Code establisher g additional procedures for the granting of franchises for taxicab service in the City of
Anaheim and establishing additir nal terms and conditions of such grants; and
WHEREAS, Mrst ant to the provisions of Section 1400 of Article XIV of the Charter of the City of Anaheim,
and Section 1.02.010 and ChaptE r 4.73 of the Anaheim Municipal Code, A White and Yellow Cab Inc. dba A Taxi Cab was,
by Ordinance No. 5800, awards i a franchise to operate 60 taxicabs in the City of Anaheim for a five-year term, with the
possibility of extending such tarr, for five additional one-year options (the "Franchise"); and
WHEREAS, purst. ant to the provisions of Section 1400 of Article XIV of the Charter of the Cly of Anaheim,
and Section 1.02.010 and ChaptE • 4.73 of the Anaheim Municipal Code, A White and Yellow Cab Inc, dba A Taxi Cab was,
by Ordinance No. 6132, awards( a franchise to operate 50 taxicabs in the City of Anaheim and extending the term of the
Franchise to February 14, 2012; E id
WHEREAS, pursue it to the procedure set forth in Article XIV of the Charter, the City Council did adopt its
Resolution No. 20f2-009 declarii g its intention to amend the Franchise; stating the terms and conditions upon which it
was proposed to amend the Fra aehise; and establishing the date, hour and place when and where any persons having
any interest therein or objection t tereto could appear and be heard thereon; and
WHEREAS, notice c' said public hearing was published and otherwise given in the manner required by Arti-
cle XIV of the Charter; and
WHEREAS, on Febr jar) 28, 2012, the City Council commenced the duty noticed public hearing upon said
proposed amendment of the Fra nchiso to extend the term of the Franchise to May IS, 2012, which public hearing was
completed by the Cfir Council or February 28, 20`12, and at which public hearing the City Council did hear testimony and
consider evidence from persons havinp any interest in the proposed franchise, and did consider any and all oblections
thereto; and
WHEREAS, the City : ouncfl hereby overrules all objections to the proposed amendment of the Franchise to
extend the term thereof to May 1`.. 2012,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENS ,MENT OF FRANCHISE.
The City Council her aby amends the non-exclusive franchise of A White and Yellow Cab Inc. dba A Taxi Cab
to extend the term of said tranchi a to and including May 16, 2012,
SECTION 2. TERMS AND CONDITIONS OF FRANCHISE,
and effect. Except as amended herein, ali remaining terms and conditions of the Franchise shall continue in full force
SECTION 3. INDEMI IIFICATION.
The Franchise shall tdemnify, hold harmless, release and defend the City its City Council and each member
thereof, and its officers, employ ies, commission members and representatives from and aqainst any and all liability,
claims. Buts, costs, expenses, fir es, judgments, settlements, charges or penalties whatever, including reasonable attor-
neys fees, regardless of the meril or outcome of the same arising out of, or in any manner connected with, any, any or all
of the operations or services auth )rized, conducted or permitted under this franchise.
SECTION 4. INSURE NCE.
The Franchise shall I rovide and maintain in full force and effect during the term of this franchise liability insur-
ance in accordance with the reou cements set forth in Section 4.73.160 of Chapter 4.73 of the Anaheim Municipal Code.
SECTIONS CONFU QTS BETWEEN PROVISIONS.
In the event of any c: inflict between any provisions of this ordinance and any provision of Chapter 4.73 of the
Anaheim Municipal Code, the pro,isions set forth in said Chapter 4.73 shall prevail.
SECTION 6 SEVERE BILITY.
The City Council of the City of Anaheim hereby declares that should any section, paraoraoh, sentence,
phrase or word of this ordinance as 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 ordi.
nance independent of the ehminer on herefrom of any such portion as may be declared invalid.
SECTION 7 SAVING. CLAUSE.
The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances
which violations were committed ufor 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 substan-
tially the same as ordinance pray cions previously adopted by the City relating to the same subject matter, shall be con-
strued as restatements and contir .rations and not as new enactments.
THE FOREGOING O 10INANCE was introduced at a regular meeting of the City Council of the CRY of Ana-
heim held on the 28th day of Febi uarv, 2012, and thereafter passed and adopted at a regular meeting of said City Council
held on the 6th day of March. 201: , by the following roll call vote:
AYES: Mayor Taft, Council Me nbers Galloway, Sidhu, Eastman and Murray
NOES: None
7147963692 P.04