5799ORDINANCE NO. 5 7 9 9
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING
A NON-EXCLUSIVE FRANCHISE TO YELLOW CAB
COMPANY OF NORTHERN ORANGE COUNTY FOR THE
PURPOSE OF OPERATING TAXICAB SERVICE IN THE
CITY OF ANAHEIM; AND STATING THE TERMS 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 to 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, the City Council has heretofore solicited competitive proposals from
interested persons, fin -ns and corporations for the award of the Initial Franchises pursuant to that
certain Request For Proposals issued by the City on September 20, 2000 (the "RFP"); and
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a
written proposal dated October 30, 2000, for a non-exclusive franchise tooperate taxicab service
within the City of Anaheim (the "Proposal") from Yellow Cab Company of Northern 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. 2001 R-87 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 June 129 2001, 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, which public hearing was continued from time to
time and was completed by the City Council on December 11, 2001, 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.
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 for the operation of 130 taxicabs within the City of
Anaheim, and for temporary permits for the occasional or seasonal operation of up to 30
additional taxicabs at such times and upon such dates as specified in the Proposal.
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.
2
SECTION 3. TERM OF FRANCHISE.
Upon timely acceptance hereof, the term of this franchise shall be for a period of
five (5) unless earlier terminated under the terms of Chapter 4.73 of the Anaheim Municipal
Code. Said franchise shall be extended for one (1) additional year after each of the first five (5)
years of the term hereof by the City Council upon request of the Franchisee provided the City
Council determines that the franchise has been exercised in a manner consistent with Chapter
4.73 of the Anaheim Municipal Code and with the terms and conditions of such franchise during
such one (1) year period. Each annual extension shall be requested in writing by the Franchisee
to the Director of Planning of the City of Anaheim, or his or her authorized representative, not
earlier than thirty (30) days prior to, nor later than thirty (30) days following the annual
anniversary date of the adoption of this ordinance. Failure to request any annual extension within
the time period specified shall be deemed a waiver of said annual extension. 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.
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.
SECTION 6. CONFLICTS BETWEEN PROVISIONS.
In the event of any conflict between any provision of this ordinance and any
provision of Chapter 4.73 of the Anaheim Municipal Code, the provision 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
3
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 is approved and adopted by the City Council
of the City of Anaheim this 15 th day of January , 2002.
ATTEST:
11 12S
CITY CLERf OF THE CITY OF ANAHEIM
42890.3
4
MAYOR OF TH ITY OF AN EIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5799 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 8th day of January, 2002, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 15th day of January, 2002, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
(SEAL)
None
None
CIN CLERK 6F THE CIN OF ANAHEIM
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; 1 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
to each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
January 24. 2002
-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: January 24, 2002
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
ORD.NAA" NO- 171,49
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING
A MON-EXCLUSIVE FRANCHISE TO YELLOW CAB
COMPANY OF NORTHRM ORANG6 COUNTY FOR THE
PURPOU OF OPffRAT11NO TAXI"M MMION. IN THS
017Y OF ANAJ#EMI AND STATINO TINS AND
CONDMO#it UPON MINION SAID FRAN40NNO 16 GRANTED.
WHEREAS, Section 1400 of Article XIV of the Charter oftho Clity of AnthelM (* AChaftr@) establishes procedures for
peracto, *m or cot . rationtimlish the City or Its inhabitants with
transportation may ba requfred by ordinance to have a frarnbFlfse The and further p des that the City Council Is em-
powered
rn -
P. ditional procedures and terme and conditions of ouch grants; and
WHEREAS, the City Council has heretofore adopted Section 102 040 *rI Sny=n firm or corporationfurnish-
Ing the City or its inhatifternis with transportation to have *Jamillif i;d'=4& 01 i3r; and
WHEREAS, the City Council has heretofore adopted Ordit n, - No. Ski addir Chapter 4.73 to **Anaheim Munici-
pal
unickpal Code estabilishing addftm�5rocedLO" for the grardi of franchises for taxicalo .service In to Cill Anaheim and
establishing additional tem an oondtdonv of such and
WHEREAS, pursuant to *mfinqs and distarminai h0folofore madsklby ther'Clty Council as set .forillit In said Ordinance
No. 5765, Section 4.73.046 of said Chapter 4.73 of the Murilclii Code= Ld not jrnm* than
three initial franchises for the operation of a total of two arid Oft (230 aal" 01he Aln*d -
Franchissaft and
WHEREAS, the City Council has heretofore solicited compatillive *W*Tliarssted _*ms and-cprpora
lions for the award of the Initial Franchises pursuant to Mill: certain 9=t 14 Ptioposal. I'.P.0dM10*%' City an MIpt-m -
bar 20, 2000 (the ARFP@); and
WHEREAS, pursuant to the RFP. the City of Anaheim Ites, heretofore received a written October 30
� to operate todcab servico.withh,tho City of Avisinelin (the from QGW
2000, for a non-exclusive franchim
Cab Company of Northern Orange County Mis ARarwN"60); and
WHEREAS, the City Council of the City of Anaheim h= reviewed said prop sal; and considered the Information
presented therein, and in to staff reports and recoft* am allor fWAVAM Irdarmatilon retailing thereto; and
WHEREAS, piuravant to ths, procedure so forth In Article XIV of the Charter ft City Council dild adispit its Resolution
No. 20DIR-87 do b Intention to grant a nonexclualvis #a*W rpose,
clawing *'tathallowhiteeforthepo , of operating
.taxicab service In the City of Anaheim-, staling thisterme and ior� upon which It was PrOP66WID antthe
franchise; and establishing Yrs date, hour anZdacewt. and where any per. having any interest therein or objection
thereto could appear and be Herd thereon;
WHEREAS, notice of said public hearing was published and otherwise given In the manner required by Article XIV of the
Charter; and
WHEREAS, on June 12, 2001, the City Council commented the duty public hesirtigu on, arid the
Won
proposed Ward of a franchise t 31" sairviot !the city fAn ng
was continued from time to *ft a cW":,* lon,04oftWOw 11, 2D*t, and at
4=b, 4W* �w -42M
hearing the City Council did hear testi and con= ==Pa. am III in tthe proposed
am
franchise, and did consider any and all any
thereto: _isnd
WHEREAS, the City Council hereby overrules all objeol0i w. to the prillposeld ram of a franchistato1he FIranchises to
operate taxicab service wM*i the City of Anahpkn In iocisoance %* tp tome and conditions and smb)W to the
limitations hereinafter sat forth.
NOW,THEREFOR , THE CfTY COUNCIL OF THE C41XOF ANA)"0098 ORDAIN AfifOLLOWS'
qFCTIQN J. rRANT OF FRANCHISE-
The City CouncilWa 7
tv YoNow (*=o,Norh*m
for the
operation d 130 taxicabs , If Wtempongyprinfis e=a%Zon
xpon
dates a sooetfled In to Proposal.
SECTION 2.
The terms and conditions upon ~ sold franchise'* anisited, and with which the Franchises Is hereby expressly
required to Amply. are eadrof those Gertdn teams. oarlllEwne, lirtne; rapraaentatbns and req�uirimeMs es
Nlunicies amerndsd from tints to time (ie a(J�). The Proposal, the RFP rdi tM are
incorporated heroin by thN reference as p set taNn in�al docurnernts are on flit, end .. for public
inspection, in the Oit'ice d the City Clerk Af tint) Dry. otAneifelm r �eular business hours.
SECTIQU,%TERM OF FRANCHISE
ptanow hersid, the term of this firrandhillas shall be W a period of five (5 nated under
'f ty
+hYM2!T: A7.AnIfshe AnahalimMunklosilCada. SaIdIftarictilles"be five (5
pursuant to Section 1403 qj the cmnsr.
qFC11QN 4
or her
riber thereof,
clap, suits,
mileta.
adl
of to
SECnOR-5- INISI IRANC:9
The Franchises shag orovids and maintain in ful4tfome,and effect during the term of this franchisq)tabillity hisuranoe In
accordance with the requirements sol 11vrff by Beexbn 4.78.'180 of Chapter 4.73 of the Anall'10111" ill~ COCID.
'qFCTjM 6.
In the event of arty coMOO between &V provillilan of* 1 0 Ordinance and any provision of Chapter 4.73 of the Arishelm
Municipal Code, ft. proplisloit sat forth in sold Chapter 4.73 shall prevail.
SECTIONI_
The Ckv Council # the ft of Anaheim hereby doolaw that should any sactjonpwagA hlserfence. or word
.__p__
inde0endstit of the e&y*udon hatisifivih of any such PC" as may 0806018im vW1010.
SF:aTION a. S&VWQ$JQLAU3E_
Ths
ad"wan of 81111111107 in affect the prosecution W volatioste d ordirsinces which
gtap to ft* =
Q nor be = as
ad e wailer of " or q* Ramthe
panel array of this ordinance, I A at #ft we a==— the
.red ' and alt rnlq ans*naft.
THE FOREGOIIK is aylpaovad and adopted by the City Council of" City ofAnshalm this 15th day of
January; 11002. 1 -
TOM DALY
MAYOR OF THE CITY OF ANAHEIM
ATTEST,
ANAHEIM
Feldhaus, K*4& Tat, WCWAM, DO
N ons