ORDINANCE NO. _______
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
GRANTING A NON-EXCLUSIVE FRANCHISE TO CABCO
YELLOW, INC. DBA CALIFORNIA YELLOW CAB, FOR THE
PURPOSE OF OPERATING TAXICAB SERVICE IN THE
CITY OF ANAHEIM
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 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 findings and determinations heretofore made by the City Council as set forth in said Ordinance No. 5765, Section 4.73.045 of said Chapter 4.73 of the Anaheim Municipal Code provides for the award of not more than three initial franchises for the operation of a total of two hundred and thirty (230) taxicabs within the City (the “Initial Franchises”); and
WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in Resolution No. 2009-039, Section 4.73.040 of said Chapter 4.73 of the Anaheim Municipal Code provides that the City Council may determine that the public convenience and necessity require the operation of additional taxicabs in the City and on February 24, 2009, the City Council determined that the public convenience and necessity require the operation of a total of 255 taxicabs in the City of Anaheim (the “Franchises”); and WHEREAS, the current franchises will expire on February 28, 2023, and the City Council has heretofore solicited competitive proposals from interested persons, firms and corporations for the award of the Franchises pursuant to that certain Request for Proposal issued by the City on August 15, 2022 (the “RFP”); and
WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal dated August 15, 2022, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the “Proposal”) from Cabco Yellow, Inc. dba California Yellow Cab, (the “Franchisee” or “California Yellow Cab”); and - 2 -
WHEREAS, the City Council of the City of Anaheim heretofore reviewed said Proposal, and considered the information presented therein, and in the staff reports and recommendations and other relevant information relating thereto; and WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2022-114 declaring its intention to grant a non- exclusive franchise to the Franchisee for the purpose of operating taxicab service in the City of Anaheim; stating the terms and conditions upon which it was proposed to grant 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 November 1, 2022, the City Council commenced the duly noticed public hearing upon said Proposal and the proposed grant of a Franchise to Franchisee to operate taxicab service within the City of Anaheim, which public hearing was completed by the City Council on November 1, 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 grant of a Franchise to the Franchisee to operate taxicab service within the City of Anaheim in accordance with the terms and conditions and subject to the limitations hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. GRANT OF FRANCHISE.
The City Council hereby grants a non-exclusive franchise to Cabco Yellow, Inc. dba California Yellow Cab, for the operation of two hundred and five (205) taxicabs within the City of Anaheim, and for temporary permits for large conventions or other similar events which temporarily increase the demand for taxicabs beyond the number regularly franchised and when specifically authorized by the Community Preservation Manager or her/his designee at such times and upon such dates as specified in the Proposal and RFP.
SECTION 2. TERMS AND CONDITIONS OF FRANCHISE.
The terms and conditions upon which said Franchise is granted, and with which the Franchisee is hereby expressly required to comply, are each of those certain terms, conditions, limitations, representations and requirements as expressly set forth in (i) the RFP; (ii) the Proposal; and (iii) the regulations and requirements for the operation of taxicabs as set forth in the Anaheim Municipal Code as amended from time to time (the “Regulations”). The Proposal, the RFP and the Regulations are incorporated herein by this reference as if set forth in - 3 -
full. The aforesaid documents are on file, and available for public inspection, in the Office of the City Clerk of the City of Anaheim during regular business hours.
SECTION 3. TERM OF FRANCHISE; ANNUAL REVIEW
Upon timely acceptance hereof, the term of this franchise shall commence upon the later of either the effective date of this ordinance or the date of acceptance of this franchise by the Franchisee as required pursuant to Section 1403 of the Charter through and including March 1, 2033, unless terminated sooner pursuant to the terms of Chapter 4.73 of the Anaheim Municipal Code.
This franchise shall be subject to annual review as more particularly set forth in Section 4.73.200 of the Anaheim Municipal Code. 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.
SECTION 4. 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 5. 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 and RFP.
SECTION 6 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 7 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. - 4 -
SECTION 8 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 1st day of November, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the _____ day of ________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
147078