6139ORDINANCE NO. 6139
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
NON-EXCLUSIVE FRANCHISE OF CARCO INC. DBA CALIFORNIA
YELLOW CAB TO TO 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, Cabco Inc. dba California Yellow Cab was, by Ordinance No. 5801, awarded a
franchise to operate 50 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 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 of the Franchise to extend the term thereof 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 Cabco Inc. dba
California Yellow Cab 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 alll 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
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
2
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 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
MAYOR OF THE
41ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OFA AHEIM
724881
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ORDINANCE NO. 6139
NCE OF THE CITY OF ANAHEIM AMENDING THE NON-EXCLUSIVE FRANCHISE OF CABCO INC.
AFFIDAVIT OF PUBLI RNIA YELLOW CAB TO EXTEND THE TERM OF THE FRANCHISE.
WHEREAS, Section 1400 of Article XIV of the Charter of the CJ of Anaheim (the ACharter@) establishes procedures
for the award of franchises by the City; provides that any person, mi or corporation furnishing the City or its inhabitants -
STATE OF CALIFORNIA1 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
ss.Ck-
WHEREAS, the City Council has heretofore adopted Section 1. 02.010 requiring any person, firm or corporation turnish-
County of Orange ) 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
I am a citizen of the United States and a resident 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
102 010 and Chapter 4.73 of the Anaheim Municipal Code, Caboo Inc. dba California Yellow Cab was, by Ordinance No.
of the County aforesaid; I am over the age of 5801, awarded a franchise to operate 50 taxicabs in the City of Anaheim for a five-year term, with the possibility of extend-
ing such term for five additional one-year options (the AFranchise@); and
eighteen years, and not a party to or interested in 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 pro-
posed to amend the Franchise; and establishing the date, hour and place when and where any persons having any inter -
the above -entitled matter. I am the principal 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
clerk of the Anaheim Bulletin, a newspaper that the Charter; and
WHEREAS, on March 31, 2009, the City Council commenced the duly noticed public hearing upon said proposed
has been adjudged to be a newspaper of general amendment of the Franchise to extend the term of the Franchise to February 14, 2012, which public hearing was complet-
ed 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
circulation by the Superior Court Of the County
WHEREAS, the City Council hereby overrules all objections to the proposed amendment of the Franchise to 4"and
of Orange, State of California, on December 28, the term thereof to February 14, 2012.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
1951, Case No. A-21021 in and for the City of SECTION 1. AMENDMENT OF FRANCHISE.
Anaheim County of Orange State Of California'; terThe City Council hereby amends the non-exclusive franchise of Cabco Inc. dba California Yellow Cab to extend the
m of said franchise to and including February 14, 2012.
that the notice, Of which the annexed is a true 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.
printed copy, has been published in each regular SECTION 3. INDEMNIFICATION.
and entire issue of said an newspaper and not in The Franchisee shall indemnify, hold harmless, release and defend the City, its City Council and each member there -
y 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,
supplement thereof on the following dates, to 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 -
orations or services authorized, conducted or permitted under this franchise.
wit: SECTION 4. INSURANCE.
The Franchisee shall provide and maintain in full force and effect during the term of this franchise liability insurance in
April 23, 2009 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
" I certify (or declare) under the penalty of Municipal Code, the provision set forth in said Chapter 4.73 shall prevail.
SECTION 6. SEVERABILITY.
perjury Under the laws Of the State of California 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
that the foregoing is true and correct": 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.
Executed at Santa Ana, Oran e CoUn The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances which viola -
g ty tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal
California on provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same
as ordinance provisions prevausN adopted by the City relating to the same subject matter, shall be construed as
restatements and continuations andel not as new enactments.
Date: April 23 2009 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 r^
ABSENT: NONE
Signature CITY OF ANAHEIM
By: /s/ Curt Pringle
Anaheim Bulletin MAYOR OF THE CITY OF ANAHEIM
625 N. Grand Ave. ATTEST:
Santa Ana, CA 92701 /s/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
(714) 796-2209 Publish: Anaheim Bulletin April 23 2009 9082392 *�
PROOF OF PUBLICATION