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6140ORDINANCE NO. 6140 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE NON-EXCLUSIVE FRANCHISE OF YELLOW CAB COMPANY OF GREATER ORANGE COUNTY, INC., TO INCREASE THE NUMBER OF TAXICABS WHICH MAY BE OPERATED IN THE CITY OF ANAHEIM AND EXTEND THE TERM OF THE FRANCHISE 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 the provisions of Section 1400 of Article XIV of the Charter of the City of Anaheim, and Section 1.02.010 and. Chapter 4.73 of the Anaheim Municipal Code, Yellow Cab of Greater Orange County, Inc., was, by Ordinance No. 5799, awarded a franchise to operate 130 taxicabs in the City of Anaheim for a five-year term, with the possibility of extending such term for five additional one-year options (the "Franchise"); and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2009R-038 declaring its intention to amend the Franchise; stating the terms and conditions upon which it was proposed to amend 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 March 31, 2009, the City Council commenced the duly noticed. public hearing upon said proposed amendment of the Franchise to allow Franchisee to operate one hundred and fifty-five (15 5) taxicabs within the City of Anaheim and extend the term of the Franchise to February 14, 2012, which public hearing was completed by the City Council on March 31, 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 amendment to the Franchise to allow the Franchisee to operate one hundred and fifty-five (15 5) taxicabs within the City of Anaheim and extend the term ofthe Franchise to February 14, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF FRANCHISE. The City Council hereby amends the non-exclusive franchise of Yellow Cab Company of Greater Orange County, Inc., to allow the operation of one hundred and fifty-five (15 5) taxicabs within the City of Anaheim, and to extend the term of said franchise to and including February 14, 2012. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. Except as amended herein, all remaining terms and conditions of the Franchise shall continue in full force and effect. SECTION 3. 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 4. 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 5. 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 2 Chapter 4.73 shall prevail. SECTION 6. 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 7. 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 31' day of March, 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of April, 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE MAYOR OF THE CITY OF ANAHEIM ATTEST: 7�w CITY CLERK OF THE CITY OF ANAHEIM 72436.1 c J AFFIDAVIT OF PUB STATE OF CALIFORNIA, ) I/ ) 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: April 23, 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: April 23, 2009 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 6140 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE NON-EXCLUSIVE FRANCHISE OF YELLOW CAB COMPANY OF GREATER ORANGE COUNTY, INC., TO INCREASE THE NUMBER OF TAXICABS WHICH MAY BE OPERATED IN THE CITY OF ANAHEIM AND EXTEND THE TERM OF THE FRANCHISE. WHEREAS, Section 1400 of -Article XIV of the Charter of the City of Anaheim (the ACharter@) establishes procedures for the award of franchisee 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 furnish- ing 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 Munici- pal 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 the provisions of Section 1400 of Article XIV of the Charter of the City of Anaheim, and Section 1.02.010 and Chapter 4.73"of the Anaheim Municipal Code, Yellow Cab of Greater Orange County, Inc., was, by Ordinance No. 5799, awarded a franchise to operate 130 taxicabs in the City of Anaheim for a five-year term, with the possibility of ex- tending such term for five additional one-year options (the AFranchise@); and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2009R-036 declaring its intention to emend the Franchise; stating the terms and conditions upon which it was pro- posed to amend the Franchise; and establishing the date, hour and place when and where any persons having any inter- est 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 March 31, 2009, the City Council commenced the duly noticed public hearing upon said proposed amendment of the Franchise to allow Franchisee to operate one hundred and fifty-five (155) taxicabs within the City of Anaheim and extend the term of the Franchise to February 14, 2012, which public hearing was completed by the City Council on March 31, 2009, and at which public hearing the City Council did hear testimony and consider evidence from persons having any interest in .111 ,proposed franchise, and did consider any and all objections thereto; and WHEREAS, the City Council hereby overrules all objections to the proposed amendment to the Franchise to allow the Franchisee to operate one hundred and fifty-five (155) taxicabs within the City of Anaheim and extend the term of the Fran- chise to February 14, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF FRANCHISE. The City Council hereby amends the non-exclusive franchise of Yellow Cab Company of Greater Orange County, Inc., to allow the operation of one hundred and fifty-five (155) taxicabs within the City of Anaheim, and to extend the term of said franchise to and including February 14, 2012. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. Except as amended herein, all remaining terms and conditions of the Franchise shall continue in full force and effect. SECTION 3. INDEMNIFICATION. The Franchisee shall indemnify, hold harmless, release and defend the City, its City Council and each member there- of, 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 op- erations or services authorized, conducted or permitted under this franchise. SECTION 4. 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 5. 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 6. 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 in- dependent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE. The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances which viola- tions 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 previo=usly 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 31st day of March, 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of April, 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY OF ANAHEIM By: /a/ Curt Pringle MAYOR OF THE CfTY OF ANAHEIM ATTEST: /s/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin April 23 2009 9082395