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Ordinance Number 277ORDINANCE NO. 277 PROVIDING FOR THE CELEBRATION OF THE ANNUAL ADIOS A LAS GOLONDRINAS Y FIESTA DE LOS ARTES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO GRANTING A FRANCHISE TO THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE The City Council of the City of San Juan Capistrano does ordain as follows: SECTION 1. This Ordinances shall be known and may be cited as the Adios a Las Golondrinas y Fiesta de los Artes Franchise ORDINANCE. SECTION 2. DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein, when not inconsistent with the context, words used in the present tense include the future, words in the plural number in- clude the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of San Juan Capistrano. (2) "Association" is the San Juan Capistrano Chamber of Commerce, the grantee of rights under this Franchise. (3) "Council" is the City Council of the City of San Juan Capistrano. (4) "Person" is any person, firm, partnership, associa- tion, corporation company or organization of any kind. SECTION 3. GRANT OF AUTHORITY T ere is ereby granted by the City to the Association the right and privilege of operating, maintaining and conducting within the City the annual Fiesta De Adios a Las Golondrinas y de Artes commemorating an historical heritage of San Juan Capistrano. SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES The Association shall, at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide. SECTION 5. LIABILITY --INDEMNIFICATION It is expexpressly understood and agreed by and between the Association and the City that the Association shall save the City harmless from all loss sustained by the City on account of any suit, judgement, execution, claim, or demand whatsoever, resulting from negligence on the part of the Association in the conduct of its annual Fiesta De Adios a Las Golondrinas y de Artes in the City. The City shall notify the Association's representative in the City within fifteen (15) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Associa- tion. Association shall, in addition, secure, from an insurance company approved by City, public liability insurance including the City as an additional insured in the following amounts: $100,000.00 bodily injury for each person; $300,000.00 bodily injury for each accident; $50,000.00 property damage. The aforesaid insurance policy shall also contain the provision that the City will be given ten (10) daysnoticeof any intent to cancel. SECTION 6. ASSOCIATION RULES 'P e�i.ssociation shall have the authority to promulgate such rules, regulations, terms and conditions governiny the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and perform its obligations under this Franchise. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of laws of the State of California. SECTION 7. CONDITIONS (a) Association shall cause the public streets which are used for its fiesta to be properly swept and cleaned before 9:00 a.m. the day following the last day of the fiesta. (b) Association shall provide all necessary traffic safety devices, barricades and directional signs to maintain an orderly flow and circulation of traffic. (c) Association shall coordinate with the City and the appropriate law enforcement agencies for the presence of a suf- ficient number of trained personnel to maintain and monitor the traffic. (d) Association shall, each year, provide the City Clerk of the City of San Juan Capistrano a complete program of activities planned. SECTION 8. APPROVAL OF TRANSFER Wie Association shall not sell or transfer any rights under this Franchise to another without council approval. Provided, that no sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the City Clerk an instrument, duly executed, reciting the fact of such sale, assign- ment or lease, accepting the terms of the Franchise, and agreeing to perform all the conditions thereof. SECTION 9. CITY RIGHTS IN FRANCHISE The right is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by Ordinance or otherwise, shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of California. SECTION 10. TERM OF FRANCHISE T e Franc ise and the rights herein granted shall take effect and be in force from and after the final passage here, as required by law, and shall continue thereafter from year to year. Provided, however, the City may, for any reason, terminate this Franchise upon thirty (30) days written notice to the Association. SECTION 11. CONCESSIONS Association shall have the right and authority.to select and to control such concessionaires and other businesses which desire to establish their business activities within the City for the duration of the festival. Each such concessionaire shall be subject to the Business License Ordinance of the Cit -7 of San Juan Capistrano. However, in lieu of the. business license fee payable pursuant to Section 16 B of said Ordinance, each such concession- aire shall pay to the association such amounts as may be established by Association's Rules .and Regulations for the right and privilege of participating in the fiesta. -2- SECTION 12. This Ordinance shall take effect and be in force thirty D ays from and after its passage. SECTION 13. The City Clerk shall certify to the adoption of this Or inad anceanand cause the same to be published in a news- paper of general circulation in the CIty of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 18th day of September , 1974, by the following vote, to wit: AYES: Councilmen Sweeney, Weathers, Nash, Heckscher and Mayor Byrnes NOES: None ABSENT: None Y I.. E , M.D., MAYOR City of San Juan Capistrano ATTEST: ITY CL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 277 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of September , 1974. (SEAL) -CITY Ci2A -3-