ORDINANCE NO. _____
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE NON-EXCLUSIVE FRANCHISE OF
AMERICAN GROUND TRANSPORTATION, INC. AND
AMERICAN GROUND TRANSPORTATION, LLC DBA 24/7
TAXI 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 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 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, American Ground Transportation, Inc. and American Ground Transportation, LLC dba 24/7 Taxi Cab were, by Ordinance No. 6496, awarded a franchise to operate 50 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 American Ground Transportation, Inc. and American Ground Transportation, LLC dba 24/7 Taxi Cab to extend the term 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 CONFLICTS BETWEEN PROVISIONS.
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 17th day of May 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 24th day of May, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
145790