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6491 ORDINANCE NO. 6 4 91 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM TERMINATING THE NON-EXCLUSIVE FRANCHISE OF YELLOW CAB COMPANY OF NORTHERN ORANGE COUNTY, INC., DBA YELLOW CAB OF GREATER ORANGE COUNTY, FOR THE PURPOSE OF OPERATING TAXICAB SERVICE IN THE CITY OF ANAHEIM 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 adopted Anaheim Municipal Code 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 adopted Ordinance No. 5765 adding Chapter 4.73 of the Anaheim Municipal Code establishing additional procedures for the granting and terminating of franchises for taxicab service in the City of Anaheim; and WHEREAS, Yellow Cab of Northern Orange County, Inc., dba Yellow Cab of Greater Orange County ("Yellow Cab"), ceased doing business on May 31, 2020; and WHEREAS, pursuant to the procedure set forth Anaheim Municipal Code Section 4.73.100, the City gave notice declaring its intention to terminate the non-exclusive franchise of Yellow Cab for the purpose of operating taxicab service in the City of Anaheim, and establishing the date, hour and place when and where any persons having an interest therein or objection thereto could appear and be heard; and WHEREAS, notice of the public hearing was published and otherwise given in the manner required by Section 4.73.100; and WHEREAS, on July 14, 2020,the City Council held a duly noticed public hearing concerning the termination of Yellow Cab's franchise to operate a taxicab service within the City of Anaheim, in order to hear testimony and consider evidence from persons having any interest in the termination of the franchise, and did consider any and all objections thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. TERMINATION OF FRANCHISE. The City Council hereby terminates the non-exclusive franchise of Yellow Cab Company of Northern Orange County, Inc., dba Yellow Cab of Greater Orange County, for the operation of one hundred and eighty (180) taxicabs within the City of Anaheim, pursuant to the terms of Chapter 4.73 of the Anaheim Municipal Code, because the City Council finds and determines that the franchisee has not complied with the terms and conditions of the franchise and has been unable to so comply due to the fact that it is no longer in business. SECTION 2 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 Chapter 4.73 shall prevail. SECTION 3 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 4 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 14th day of July, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the 28th day of July, 2020, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O' Neil NOES: None ABSENT:None ABSTAIN: None CITY OF ANAHEIM i4A1A i ' E CI Y IT ANAHEIM ATTEST: CITY CLERK OF E CITY O ANAHEIM 138321 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No.6491 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of July, 2020, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of July, 2020, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of July, 2020. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011401703 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6491 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM TERMINATING A NON- EXCLUSIVE FRANCHISE TO YELLOW CAB COMPANY OF NORTHERN ORANGE COUNTY, INC. DBA YELLOW CAB OF 5190168 GREATER ORANGE COUNTY, FOR THE PURPOSE OF OPERATING TAXICAB SERVICE IN THE CITY OF ANAHEIM ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 The primary purpose of this ordinance is to terminate Yellow Cab's taxicab franchise because it went out of ANAHEIM. CA 92805-3820 business. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6491, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on July 14, 2020 and was duly passed and adopted at a regular meeting of the Council on July 28, FILE NO. ORDINANCE NO. 6491 2020 by the following roll call vote of the members thereof: AFFIDAVIT OF PUBLICATION AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman,Moreno,Kring,and O'Neil STATE OF CALIFORNIA, NOES: None SS. ABSENT: None County of Orange ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6491, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the I am a citizen of the United States and a resident of the ordinance and should not be relied on as a substitute County aforesaid; I am over the age of eighteen years, and for the full text of the ordinance. not a party to or interested in the above-entitled matter. I p ea etaciontact the Officee of tlheeCity Clerek,o 4) 765- am the principal clerk of the Anaheim Bulletin, a 5166, between 8:00 a.m. and 5:00 p.m., Monday newspaper that has been adjudged to be a newspaper of through Friday. There is no charge for the copy. general circulation by the Superior Court of the County of Published Anaheim Bulletin August 6,2020 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: 08/06/2020 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 Anaheim, Orange County, California, on Date: August 06, 2020. 01.\:„..athLa___J)„.yryi Signature r.LP1-1915/16 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6491 and was published in the Anaheim Bulletin on the 6th day of August, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim. CITY CLER OF THE CITY OF ANAHEIM (SEAL)