6132ORDINANCE NO. 6132
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A
NON-EXCLUSIVE FRANCHISE TO A WHITE AND YELLOW
CAB, INC., 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 a franchise for the operation of a total of
fifty (50) taxicabs within the City (the "Franchise"); and
WHEREAS, the City Council has heretofore solicited competitive proposals from
interested persons, firms and corporations for the award of the Franchise pursuant to that certain
Request For Proposals issued by the City on October 29, 2008 (the "RFP"); and
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a
written proposal dated December 26, 2008, for a non-exclusive franchise to operate taxicab
service within the City of Anaheim (the "Proposal") from A White and Yellow Cab, Inc., (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
1
WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the
City Council did adopt its Resolution No. 2009R-009 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 February 10, 2009, 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 completed by the City
Council on February 24, 2009, 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 A White and Yellow
Cab, Inc., for the operation of fifty (50) 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: ANNUAL RENEWAL.
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
February 14, 2012, unless terminated sooner pursuant to the terms of Chapter 4.73.
This franchise shall be subject to annual review as more particularly set forth in
Section 4.73.200 of the Anaheim Municipal Code, as amended by Ordinance introduced on
February 24, 2009.
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
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 here from 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 24h day of February, 2009, and thereafter
passed and adopted at a regular meeting of said City Council held on the l Oth day of March,
2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
,,�2.ej&-Arao
CITY CLERK OF THE CITY CIP ANAHEIM
72144.1
CITY OF A EIM
By: 74� 4
MAYOR OF THE CITYooet AVAHEIM
El
Executed at Santa Ana, Orange County,
California, on
Date: March 19, 2009
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
SECTION 3. TERM OF FRANCHISE; ANNUAL RENEWAL.
Upon timely acceptance hereof, the term of this franchise shall commence upon the
later of either the effective date of this ordinance or the data of acceptanoe of this franchise
by the Franchisee as required pursuant to Section 1403 of the Charter through and Includ-
ing February 14, 2012, unless terminated sooner, pursuant to the terms of Chapter 4.73.
This franchise shall be sub'ect to annual review as more particularly set forth in Sec-
tion 4.73.200 of the Anaheim f�unicipal Code, as amended by Ordinance introduced on
February 24, 2009.
SECTION 4. INDEMNIFICATION,
The Frepchisee shall indemnity, hold harmless, release and defend the City, its City
Council and each member thereof, and its officers, employsea, commission members and
repreasrrtafives from and against any and all Ilabil Calms, suite, costs. expenses, fines,
udgmerrfs 'setWmerrte, chargee or penaRree'wl�tever, `ncluding reiWonable attorneys
ee% regardless of tha merit or outcome of the earns arising out of, or in any manner con-
nected with, any, any or all of the operations or services a rthorized, conducted or permit-
ted under this franchise.
SECTION 5. INSURANCE.
The Aran se, shall proiride ane l 11 Itu0 fond and effect duringg� the, term of
this frau ►fie insurance ei the roquiremente set forth In Section
4.73.180`of Chapter 4.73 of the Anaheim MU
SECTION
Code.
SECTION 6. CONFLICTS BETWEEN PROVPIONS.
In the event of any confit t, between any provision of this'ordinsnce and an provision
of Chapter -413 of the Anaheim Municipal a the provision set forth in said Chapter 4.73
shall pre4ail.
SECTION 7. SEVERABILITY.
The City Council of the City of Anaheim, hereby doctor, that should any sect, Paa invatl
ant of the ellrrrhtaflon ,
SECTION 8. SAVINe31liVIL:UE
The adoption of triunes shall iwt;(►, MA.MW atfeet the prosecution for viola-
tions of ordinances Y= to the effective date hereof, nor
be construed as a wai ffi*_ .prowl re su atentiable to
any violation thereof. The ilio of ey are suhstantGJly the
same as ordinance provieiotre patwicfuaM City rolaprrg to the carne subject
mailer, shall be construed asestrrts ae5do°ntinu
anti notes now enactments.
THE FOREGO INO ORDINANCE was, introduced st a regular meeting of the City Cour
til of the C' of Anaheim held on the Z4th d�L of February, 20D% and thereafter -passed
at a r ler meeting,of saidOily trourwdt held on the 10th day of March, 2009,
by the roll be vote:
AYES: >tiliyror Pringle, Council Members Hertrancst" Sidha, GatkiMply
ABSTA(dl• WCNE � � �
ABSENTr NONE
clTY'OF ANAHEIM
�e
By. /MA
a/ OR OIF7HE CITY OF ANAHEIM
ATTEST:
/s/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
9067541 -
ORDINANCE NO. 6132
AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON-EXCLUSIVE
FRANCHISE TO A WHITE AND YEI CAH, INC., FOR THE PURPOSE OF OP-
ERATING TAXICAB SERVICE IN � ITY OF ANAHEIM; AND STATING THE
TERMS AND CONDITIONS UPON V, - _. H SAID FRANCHISE IS ,GRANTED.
WHEREAS, Section 1400 of Article XN of the Charter of the City of Anaheim (the 'Char-
ter") establishes procedures for the award of franchises by the City; provides that any per-
be re-
son, firm or corporation furnishing the City'or its inhabitants with transportation may
quired by ordinance to have a franchise therefbr; and further provides that the City Council
franchises and to establish additional procedures and terms
AFFIDAVIT OF PUBLICATION
is empowered to grant such
and conditions of such grants; and
WHEREAS, the City Council has heretofore adopted Section 1.02.010 requiring any per-
son, firm or corporation furnishing the City or its inhabitants with transportation to have a
STATE OF CALIFORNIA, 1
/)
valid and existing franchise therefor; and
SS.
WHEREAS, the City Council has heretofore adopted Ordinance No. 5765 adding Chap -
ter 4.73 to the Anaheim Municipal Code establishing additional procedures for the granting
Anaheim and establishing additional terns
County of Orange )
of franchises for taxicab service in the City of
and conditions of such grants; and
WHEREAS, pursuant to findings and determinations heretofore made by the Clty Coun-
No. 5765, Section 4.73.045 of said Chapter 4.73 of the
I am a citizen of the United States and a resident
cil as set forth in said Ordinance
Anaheim Municipal Code provides for the award of a franchise for the operation of a total
of fitly (50) taxicabs within the City (the "Franchise"); and
of the County aforesaid; I am over the age of
WHEREAS, the City Council has heretofore solicited competitive proposals from inter-
for the award of the Franchise pursuant to that car
ested persons, firms and corporations
tain Request For Proposals issued by the City on October 29, 2008 (the "RFP"); and
eighteen years, and not a party to or interested in
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written
December 26, Zoos, for a non-exclusive franchise to opow taxicab serv-
the above -entitled matter. I am theprincipal
Proposal dated
ice within the City of Anaheim (the 'P[opoeal") from A White and Yellow Cab, Inc., (the
"Franchisee"); and
clerk of the Anaheim Bulletin, a newspaper that
WHEREAS, the City Council of the City of Anaheim heretofore reviewed said Propossil,
therein, and in the staff reports and reoommen-
has been adjudged to be a newspaper of general
Iand considered the information presented
dations and other relevant information relating thereto; and
City
circulation by the Superior Court of the County
WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the
declaring its intention b grant a non-
Council did adopt its Resolution ee or the purpose
franchise to the Franchisee for the purpose of operating taxicab service in the
exclusive
City of Anaheim; stating the terms and conditions upon which it was proposed to grant the
establishing the date, hour and place when and where any persons having
of Orange, State of California, on December 28,
franchise; and
any interest therein or objection thereto could appear and be heard thereon; and
1951 Case No. A-21021 m and for the Cl Of
City
I WHEREAS, notice of said public hearing was published and otherwise given in the
manner required by Article XIV of the Charter; and
Anaheim, County of Orange, State of California;
WHEREAS, on February 10, 2009, the City Council commenced the duly noticed pub -
lic hearing upon said Proposal and the pproposed grant of a franchise to Franchisee to op-
hearing was completed by
erate taxicab service within the City of Mahelm, which public
24, 2008, and at which public hearing the City Council did
that the notice, of which the annexed is a true
the City Council on February
hear testimony and consider evidence from persons having any interest in the proposed
did consider any and all objections thereto; and
printed copy, has been published in each regular
franchise, and
WHEREAS, the City Council hereby overrules all ob'actions to thyro grant of a
taxicab service wit hin the City naheim in accord -
and entire issue of said newspaper and not in any
franchise to the Franchisee to operate
I ance 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
supplement thereof on the following dates, to
AS FOLLOWS
SECTION 1. GRANT OF FRANCHISE.
wit:
The City Council hereby grants anon•exclusive franchise to A White and Yellow Cab,.
Inc., for the operation of fifty (50) taxicabs within the C'Ry of Anaheim, and for temporary
fo 30 taxicabs et such
March 19, 2009
permits for the occasional or seasonal operation of up additional
times and upon such dates as specified in the Proposal.
SECTION 2. TERMS AND CONDITIONS OF FRANCHISE.
"I certify (or declare) under the penalty of
The terms and conditions upon which said franchise is ggranted, and with wnichthe
to comply, are each of those certain terms, condi-
perjury under the laws of the State of California
Franchisee is hereby expressly required
tions, limitations, representations and requirements as expressly set forth al (r) the RFP;
(ii) the Proposal; and (Iii) the regulations and requirements for the operation of taxicabs as
Code amended from time to time (the "Regulations').
set forth to the Anaheim Municipal as
The Proposal, the RFP and the Regulations are incorporated hersin by this reference as If
on file, and available for public inspection, in
that the foregoing is true and correct":
set forth in full. The aforesaid documents are
the Office of the City Clerk of the City of Anaheim during regular business hours.
Executed at Santa Ana, Orange County,
California, on
Date: March 19, 2009
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
SECTION 3. TERM OF FRANCHISE; ANNUAL RENEWAL.
Upon timely acceptance hereof, the term of this franchise shall commence upon the
later of either the effective date of this ordinance or the data of acceptanoe of this franchise
by the Franchisee as required pursuant to Section 1403 of the Charter through and Includ-
ing February 14, 2012, unless terminated sooner, pursuant to the terms of Chapter 4.73.
This franchise shall be sub'ect to annual review as more particularly set forth in Sec-
tion 4.73.200 of the Anaheim f�unicipal Code, as amended by Ordinance introduced on
February 24, 2009.
SECTION 4. INDEMNIFICATION,
The Frepchisee shall indemnity, hold harmless, release and defend the City, its City
Council and each member thereof, and its officers, employsea, commission members and
repreasrrtafives from and against any and all Ilabil Calms, suite, costs. expenses, fines,
udgmerrfs 'setWmerrte, chargee or penaRree'wl�tever, `ncluding reiWonable attorneys
ee% regardless of tha merit or outcome of the earns arising out of, or in any manner con-
nected with, any, any or all of the operations or services a rthorized, conducted or permit-
ted under this franchise.
SECTION 5. INSURANCE.
The Aran se, shall proiride ane l 11 Itu0 fond and effect duringg� the, term of
this frau ►fie insurance ei the roquiremente set forth In Section
4.73.180`of Chapter 4.73 of the Anaheim MU
SECTION
Code.
SECTION 6. CONFLICTS BETWEEN PROVPIONS.
In the event of any confit t, between any provision of this'ordinsnce and an provision
of Chapter -413 of the Anaheim Municipal a the provision set forth in said Chapter 4.73
shall pre4ail.
SECTION 7. SEVERABILITY.
The City Council of the City of Anaheim, hereby doctor, that should any sect, Paa invatl
ant of the ellrrrhtaflon ,
SECTION 8. SAVINe31liVIL:UE
The adoption of triunes shall iwt;(►, MA.MW atfeet the prosecution for viola-
tions of ordinances Y= to the effective date hereof, nor
be construed as a wai ffi*_ .prowl re su atentiable to
any violation thereof. The ilio of ey are suhstantGJly the
same as ordinance provieiotre patwicfuaM City rolaprrg to the carne subject
mailer, shall be construed asestrrts ae5do°ntinu
anti notes now enactments.
THE FOREGO INO ORDINANCE was, introduced st a regular meeting of the City Cour
til of the C' of Anaheim held on the Z4th d�L of February, 20D% and thereafter -passed
at a r ler meeting,of saidOily trourwdt held on the 10th day of March, 2009,
by the roll be vote:
AYES: >tiliyror Pringle, Council Members Hertrancst" Sidha, GatkiMply
ABSTA(dl• WCNE � � �
ABSENTr NONE
clTY'OF ANAHEIM
�e
By. /MA
a/ OR OIF7HE CITY OF ANAHEIM
ATTEST:
/s/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
9067541 -