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6531ORDINANCE NO. 6531 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE NON-EXCLUSIVE FRANCHISE OF CABCO YELLOW, INC. DBA CALIFORNIA YELLOW CAB 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 famishing 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 Anaheim Municipal Code 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 of 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 Yellow, Inc. dba California Yellow Cab was, by Ordinance No. 6495, awarded a franchise to operate 155 taxicabs in the City of Anaheim for an approximately 21 month term (the "Franchise"); and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt Resolution No. 2022-043 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 May 17, 2022, 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 28, 2023, which public hearing was completed by the City Council on May 17, 2022, 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 28, 2023. 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 Yellow, Inc. dba California Yellow Cab to extend the tern of said franchise to and including February 28, 2023. 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 Franchise 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 Franchise 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 In the event of any conflict between any provisions of this ordinance and any provision of Chapter 4.73 of the Anaheim Municipal Code, the provisions 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 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 17" day of May 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 24" day of May, 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM MA OR OF THL@fI�Y OF ANA$EilOf' PRO TEM Y CL RK OF THE CITY OF ANAHEIM 145794 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6531 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1 r day of May. 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 24' day of May. 2022, by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 25' of May. 2022. CITY CLE K OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF PROOF OF PUBLICATION 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 Legal No. 0011539138 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6531 FILE NO. ORD-6531 Summa AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM rY AMENDING THE NON-EXCLUSIVE FRANCHISE OF CABCO YELLOW, INC. DBA CALIFORNIA YELLOW CAB TO EXTEND THE TERM OF THE FRANCHISE AFFIDAVIT OF PUBLICATION This uncodified ordinance extends the non-exclusive franchise of Cabco Yellow, Inc. dba California Yellow Cab to operate 155 taxi cabs in the STATE OF CALIFORNIA, City of Anaheim from June of 2022 to February 28,2023. SS. I,Theresa Bass,City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6531, which ordinance was County of Orange introduced at a meeting of the City Council of the City of Anaheim on May 17, 2022 and adopted at a meeting of the City Council on May 24, 2022 by the following roll call vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae,Moreno,Valencia,and Faessel I am a citizen of the United States and a resident of the NOES: None County aforesaid; I am over the age of eighteen years, and ABSENT: None not a party to or interested in the above-entitled matter. I am the principal clerk of the Anaheim Bulletin, a ABSTAIN: None [Mavoralvacancv] newspaper that has been adjudged to be a newspaper of The above summary is a brief description of the subject matter contained general circulation by the Superior Court of the County of in the text of Ordinance No. 6531, which has been prepared pursuant to Orange, State of California, on December 28, 1951. Case Section 512 of the Charter of the City of Anaheim. This summary does not g include or describe every provision of the ordinance and should not be No. A-21021 in and for the City of Anaheim. County of relied on as a substitute for the full text of the ordinance. Orange. State of California; that the notice, of which the To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday annexed is a true printed copy, has been published in through Friday. There is no charge for the copy. each regular and entire issue of said newspaper and not in Published Anaheim Bulletin June 2,2022 11539138 any supplement thereof on the following dates. to wit: 06/02/2022 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 Anaheim, Orange County. California, on Date: June 02, 2022. Signature CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6531 and was published in the Anaheim Bulletin on the 2nd day of June, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. CITY LERK OF THE CITY OF ANAHEIM (SEAL)