6131ORDINANCE NO. 6131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SECTION 4.73.200 OF CHAPTER 4.73
OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO TERM OF NONEXCLUSIVE TAXICAB FRANCHISE
WHEREAS, the Section 4.73.200 of Chapter 4.73 of Title 4 of the Anaheim
Municipal Code currently provides that the term of a taxicab franchise shall be five (5) years and
authorizes a franchise to be extended for one (1) additional year after each of the first five (5) years
if, among other things, a request for such extension is made in writing by the franchisee not earlier
than thirty (30) days prior to, nor later than thirty (30) days following the annual anniversary date of
the adoption of the ordinance approving the franchise; and
WHEREAS, on February 14, 2002, three taxicab franchises were awarded pursuant
to the Chapter 4.3 of the Anaheim Municipal Code, with each franchisee awarded a specific number
of taxicabs to operate in the City; and
WHEREAS, as a result of the failure of the franchisees to timely request all available
extensions, for reasons specific to each franchisee, the terms of the franchises will expire on
different dates, resulting in the need for the City Council to consider applications for new franchises
for the next three years, with each application relating only to a portion of the total number of
taxicabs authorized by the City's Taxicab Ordinance; and
WHEREAS, the City Council desires to amend the municipal code in order to
establish and maintain a 10 -year cycle for the award of taxicab franchises, so that, to the extent
possible, it can consider all new taxicab franchises at the same time, while still allowing for an
annual review of the franchisees' performance to ensure compliance with the terms and conditions
of each franchise.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 4.73.200 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
"4.73.200 TERM OF NONEXCLUSIVE FRANCHISE; ANNUAL REVIEW.
"010. The term of any franchise granted under the provisions of this chapter shall
be for up ten (10) years, the exact term of which shall be determined by the City Council in its sole
discretion.
"020. No less than thirty (30) days prior to the anniversary date of the adoption of
the ordinance approving said franchise, the franchisee shall be required to demonstrate to the
satisfaction of the City Council, good faith compliance with the terms and conditions of the
franchise. 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 pursuant to Section
4.73.100. The Director shall establish procedures for the annual review required by this section."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the 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 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall 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 the2Atliiay of FPhn,ary , 2009, and thereafter passed
and adopted at a regular meeting of said City Council held on the10tWay of March , 2009, by
the following roll call vote:
AYE: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
MA OR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY F ANAHEIM
72140.1
11
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:
March 19, 2009
"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 19, 2009
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
ORDNANCE NO. 5131
AN ORDINANCE OF THE CQ1. F THE CITY OF ANAHEIM AMEND-
ING SECTION 4.73.200 OF 4. TITLE 4 OF THE ANAHEIM MU-
NICIPAL CODE RELATING *, OW, NONEXCLUSIVE TMICAB FRAW
'C HSE.
WHEREAS, the Soman fi3:20D � Ehap�t' 4.73 tlf Title 4 of the Anaha�rs Municipal
Code rxxferntly tithe term d a taxicab irenohi� shall ba five �i) yeare and au-
thorizes 8 lranchi ba extended for one (1) additional Yaar after each of Ida fast five (5)
yyears ff, among other a request for such.. extension is made in wrken by the
franchisee -not eeni� tFaanitly i30) d ys odor tor, nor latev then thirty (30) days iollo�nring
the annual annivareary date of $re ado aptior'r of � ordinance approving the franchise; and
WHEREAS; on Febnary 14,2002, three taxicab franchises were awarded pursuant to
the Chapter 4.3 of the Anaheim Munfceal Catle, with each franchisee awarded a specific
number of taxicabs to operate it the Cily; and
WHEREAS, as a result of the failure of the franchisees to timely request all available ex-
tensions, for reasdnm
s specific to each franchisee, the temp of the franchises will expire -on
different dates, resulting in the need for the City Council to consider applications for new
franchises for the next years, with each appficattan retailing onty to a portion of the to-
tal number of taxicabs authorized by the City=s TTaxicab ordinance; and
WHEREAS, the City Council desires to amid the iriunicipa( code in order to establish
and maintain a 10 year cycle for the sward of taxicab franchises, so that, to the extent pos-
sible, it can consider ell new taxicab franchises at the same time, while still allowing for an
annual review of the franchisees= performance to ensure compliance with the terms and
conditions of each franchise.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1 .
That Section 4.73.200 of Chapter,4.73 of Title 4 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
4.73.200 TERM OF NONEXCLUSIVE FRANCHISE; ANNUAL REVIEW. _
010. The term of any franchise granted under theof this chapter shall be for
up ten (10) years, the exact tern of which shalt be std by the City Council in its
sole drsoetion. .
020. No leas than thirty (30 prior to the anniversary date of the adaption of the
ordinance spit, said it *rwJ0r ee shall be required to d*w=ate to the -
safisfactior, =" said CoundL good faith compliance with the terms and-catdiiions of the
franchise. N, as a feat*o ofsuchannual review, the City Council fads and detemniras that
the franchisee has not complied in good faith with the terms and conditions of the fran-
chise, the C* CorrxxT may i to proceedings to terminate or suspend Me fi arise pur-
suant to Section 4.73.100: The Director shall establish procedures for the annual review re
quired by this section.
SECTION 2. SEVERABILITY
The City Councit of the Clttt of Anaheim hereby declares that slow any section, para-
graph, sentence or wed of, tfiis ordinance of the Code, hereby adopted, be declared for
any reason to be Invalid, kis the intent of the Cotmcn that it would have passed all other
portion$ of this o diva ice k endbnt of the elimination herefrom of any such potion ae
maybe declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner aNerd'the prosecution for violations of ordinances, which violations
were committed prior to the affective date hereof, no be construed as a waiver of any It -
carries or aenakv or the panel provisions applicable t4 any violation thereof. The provisions
ousty adopted * the city rellatft to th assns subject matter, Shan be rxtnstruea u
restatemertta and cotttnusflonsnot as new anaChMft.
THEIFOREGOING ORDINANCE was.irdroduc ed at a regular of the City Coun-
cil of 'of Aosheim hold on the 24th day of February, 2009 thereafter passed
endadopted, at a regular meeting of said City Council hold on the 10th day of March,
2009, by the fia4oKfi8 roll 00 vote:
AYES: or PringM, Counoil Members Fernandez, Slew, Galloway, King
NOES:NONE
ABSENT:, 'NONE
ABSTAIN: NONE
CITY OF ANpA�HnIIEIM�
BY: 'MV�YOR OFTHE CITY OF ANAHEIM
ATTEST: '
Linda N. Ancien `
CITY CLERK OF THE CRY OF ANAHEIM
PubfisN Anaheim Bulletinarr�t9 X067544