6252ORDINANCE NO. 6252
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON-
EXCLUSIVE FRANCHISE TO YELLOW CAB OF NORTHERN ORANGE
COUNTY, INC. DBA YELLOW CAB OF GREATER ORANGE COUNTY,
FOR THE PURPOSE OF OPERATING TAXICAB SERVICE IN THE CITY
OF ANAHEIM; AND STATING THE TERM 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 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 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, pursuant to findings and determinations heretofore made by the City Council as set
forth in Resolution No. 2009-039, Section 4.73.040 of said Chapter 4.73 of the Anaheim Municipal Code provides
that the City Council may determine that the public convenience and necessity require the operation of additional
taxicabs in the City and on February 24, 2009, the City Council determined that the public convenience and
necessity require the operation of a total of 255 taxicabs in the City of Anaheim (the "Franchises"); and
WHEREAS, the City Council has heretofore solicited competitive proposals from interested
persons, firms and corporations for the award of the Franchises pursuant to that certain Request for Proposal issued
by the City on March 5, 2012 (the "RFP"); and
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal
dated March 28, 2012, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the
"Proposal") from Yellow Cab of Northern Orange County, Inc. dba Yellow Cab of Greater Orange County, (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. 2012-033 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 May 8, 2012, 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; and
WHEREAS, on May 8, 2012, the City Council granted non-exclusive franchises for the operation
of 255 taxicabs in Anaheim for a term of ten years to three companies: Yellow Cab of Greater Orange County (155
cabs), California Yellow Cab (50 cabs) and A Taxi Cab (50 cabs). The ordinances were adopted at the City Council
meeting held on May 29, 2012. All three taxi franchises were to become effective June 29, 2012, and expire on June
29, 2022. However, California Yellow Cab submitted a request for rehearing on June 6, 2012. On June 19, 2012,
the City Council granted the request for rehearing. The rehearing was noticed on July 9, 2012 for public hearing to
be held on July 24, 2012 and was continued to August 21, 2012.
WHEREAS, on August 21, 2012, the City Council commenced the duly noticed public hearing
upon said rehearing and Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service
within the City of Anaheim, and the ordinance was adopted by the City Council on August 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 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.
AS FOLLOWS:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
SECTION 1. GRANT OF FRANCHISE.
The City Council hereby grants a non-exclusive franchise to Yellow Cab Company of Northern
Orange County, Inc. dba Yellow Cab of Greater Orange County, for the operation of one hundred and fifty-five
(155) taxicabs within the City of Anaheim, and for temporary permits for large conventions or other similar events
which temporarily increase the demand for taxicabs beyond the number regularly franchised and when specifically
authorized by the Community Preservation Manager or her/his designee at such times and upon such dates as
specified in the Proposal and RFP.
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.
SECTION 3. TERM OF FRANCHISE; ANNUAL REVIEW
Upon timely acceptance hereof, 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 through and including September 27, 2022, unless terminated sooner pursuant to the
terms of Chapter 4.73 of the Anaheim Municipal Code.
This franchise shall be subject to annual review as more particularly set forth in Section 4.73.200
of the Anaheim Municipal Code. If, as a result of such annual review, the City Council finds and determines that
the franchisee has not complied in good faith with the terms and conditions of the franchise, the City Council may
initiate proceedings to terminate or suspend the franchise.
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 and RFP.
SECTION 6 '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 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 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 was introduced at a regular meeting of the City Council of the
City of Anaheim held on the 21 s` day of August, 2012, and thereafter passed and adopted at a regular meeting of said
City Council held on the 28t" day of August, 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: k.1
CITY CLERK OF THE CITY OF AN HEIM
91268.1
CIF ANAH
r/4', 7e
OR OF THE ITY OF ANAHEIM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6252 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 21St day of August, 2012, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 28th day of August, 2012, by the following
vote of the members thereof:
AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of August, 2012.
P�06 -
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6252 and was published in the Anaheim Bulletin on the 6t" day of
September, 2012.
"fiz��o
CITY CLERK OF THE CITY & 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:
September 6, 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: September 6, 2012
Fir,
11
J71'a W1.1' I, I
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO 5252
AN ORDINANCE OF THE CITY OF A' 'M GRANTING A NON-EXCLUSIVE FRANCHISE TO YELLOW CAB ORTHERN ORANGE COUNTY, INC. DBA YELLOW CAB OF GREATER ORANGE COUNTY, FOR
THE PURPOSE OF OPERATING TAX. ;ERVICE IN THE CITY OF ANAHEIM; AND STATING THE TERM AN. :DITIONS 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
transporta:on —ay 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
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 Ci
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 awai
n three initial franchises for the operation of a total of two hundred and thirty (230) taxicabs within the City (the "Initial Franchises"); and
WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in Resolution No. 2009-039, Section ,040 terminad that of said Chapter
ater 4.73c conveniences Municipal
unec slily require idesohat then ib
ermine that the public convenience and necessity require the operation of additional taxicabs in the City and on February 24, 2009, City Council
of
cabs in the City of Anaheim (the "Franchises"); and
WHEREAS, the City Council has heretofore solicited competitive proposals from interested persons, firms and corporations for the award of the Franchises pursuant to that certain Request for Proposal issued by the Cit
2 (the "RFP"); and
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal dated March 28, 2012, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the "Proposal") frc
Vorthem Orange County, Inc. dba Yellow Cab of Greater Orange County, (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 relatinc
WHEREAS, pursuant to the _procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2012-033 declaring its intention c grant a non-exclusive franchisepersons having anychisee for the interest therein or ob
icab 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 p Y
Ad 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 May 8, 2012, 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; and
WHEREAS, on May 8, 2012, the City Council granted non-exclusive franchises for the operation of 255 taxicabs in Anaheim for a term of ten years to three companies: Yellow Cab of Greater Orange County (155 cabs), C+
b (50 cabs) and A Taxi Cab (50 cabs). The ordinances were adopted at the City Council meeting held on May 29, 2012. All three taxi franchises were to become effective June 29, 2012, and expire on June 29, 2022. However, G
ib submitted a request for rehearing on June 6, 2012. On June 19, 2012, the City Council granted the request for rehearing. The rehearing was noticed on July 9, 2012 for public hearing to be held on July 24, 2012 and was contir
,2012.
WHEREAS, on August 21, 2012, the City Council commenced the duly noticed public hearing upon said rehearing and Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service within the C
d the ordinance was adopted by the City Council on August 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 co
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 sut
ions 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 Yellow Cab Company of Northern Orange County, Inc. dba Yellow Cab of Greater Orange County, for the operation of one hundred and fifty-five (155) taxicab:
Anaheim, and for temporary permits for large conventions or other similar events which temporarily increase the demand for taxicabs beyond the number regularly franchised and when specifically authorized by the Commun
anger or her/his designee at such times and upon such dates as specified in the Proposal and RFP.
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 requ
iessly 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, t
egulations 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.
SECTION 3. TERM OF FRANCHISE; ANNUAL REVIEW
Upon timely acceptance hereof, 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
ie Charter through and including September 27, 2022, unless terminated sooner pursuant to the terms of Chapter 4.73 of the Anaheim Municipal Code.
omplied in is franchise
faith with all be
land conditions of the franchise, the CityParticularly
set forthCouncil i initiate proceedings 7-3.200 of
terminate orMunicipal th de. If, as ea result of such annual review, the City Council finds and determines that the frai
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
uits, 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
ons 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 Mur
SECTION 6 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 7 SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragra h, sentence, phrase or word of this ordinance be declared for any reason to be invalid or unenforceable by the final judgmer
:ompetent 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 K
ial 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
estatements 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 21st day of August, 2012, and thereafter passed and adopted at a regular meeting of said City
re 28th day of August, 2012, by the following roll call vote:
OYES: Mayor Tart, Council Members Sidhu, Galloway, Eastman and Murray
None
None
None CITY OF ANAHEIM
/s/ Tom Tait
MAYOR OF THE CITY OF ANAHEIM
THE CITY OF ANAHEIM