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Ordinance Number 227437 ORDINANCE NO. 227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO GRANTING A FRANCHISE TO THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE TO CONDUCT FIESTA DE CINCO DE MAYO AND AMENDING ORDINANCE NO. 171. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. This ordinance shall be known and may be cited as the "FIESTA DE CINCO DE MAYO" ORDINANCE. SECTION 2. Definitions. For the purposes of this ordinance, the following terms, phrases, wor s and their deriviations shall have the mean- ing given herein. When not inconsistent with the context, words used in '',the present tense include the future, words in the plural number include 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) "Chamber" is the Chamber of Commerce of the City of San Juan Capistrano and 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, association, corporation company or organization of any kind. SECTION 3. Grant of Authorit . -There is hereby granted by the_ City to e Chamber the rig t and privilege of operating, maintaining and conducting within the City theFiestaDe Cincode'Y4ayocommemorating the historical and cultural heritage of San Juan Capistrano. SECTION 4. Com liancewith A licable Laws and Ordinances. The Chamber 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 ordi- nance provide. SECTION 5. Liability -Indemnification. It is expressly'understood and agreed by and between the Chamber and the City that the Chamber shall - save the City harmless from all loss sustained by the. City on account of any suit, judgment, execution, claim, or demand whatsoever, resulting from negligence on the part of the Chamber in the conduct of its Fiesta De Cinco -de Mayo in the City. The City shall notify the Chamber's representative in the City within fifteen (15) days after the presentation of any claim or demand, either by suit or otherwise, made againsttheCity on account of any negligence as aforesaid an the part of the Chamber. Chamber shall, in addition, secure, from an insurance company approved by City, public lia- bility insurance including the City as an additional insured in the follow- ing amounts: $100,000.00 bodily injury for each person; $300,000.00 bodily injury for each accident; $50,000.00 property damage. The aforesaid insur- ance policy shall also contain the provision that the City will be given ten (10) daysnoticeof any intent to cancel. _ SECTION G. Chamber Rules and Regulations. The Chamber shall have the authority to promulgate such rules, regulations, terms and conditions governing 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) Chamber shall cause the public streets which are used for its fiesta to be properly swept and cleaned before 4:00 a.m. the day following the parade. , b) Chamber shall provide all necessary traffic safety devices, VVV barricades and directional signs to maintain an orderly flow and circulation of traffic. c) Chamber shall coordinate with the City and the appropriate law enforcement agencies for the presence of a sufficient number of trained personnel to maintain and monitor the traffic, and to provide adequate crowd control. d). Chamber shall, each year, provide the City Clerk of the City of San Juan Capistrano, a map delineating the parade route and a program of activities planned. SECTION S.- A roval of Transfer. The Chamber shall not sell or transfer any rights under this tranchise 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, assignment r, or lease, accepting the terms of the franchise-, and agreeing to ,perform all the conditions thereof. SECTION 9. Cit Ri hts in Franchise. The right is hereby reserved'. to the City to -adopt, .n ad .tion t0 a provisionsherein contained and " existing applicable ordinances, such additional regulations as it shall find necessary in the exerciseofthe police power, provided that such regula- tions, 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. The franchise 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 Chamber. i " SECTION 11. Concessions. Chamber shall have the right and auth- ority to select and to contro such concessionaires and other businesses which desire to establish their business activities within the City for" the duration of the Cinco de Mayo festivities. Each such concessionaire shall...be.subject to the. BuaniRess.:License.Ord nance"of the City.of San Juan Capistrano. However, in lieu. of the business license fee payable pursuant to -Section -16B of said ordinance, each such concessionaire shall payto the Chamber such amounts as may be establishedby-Chamber Rules and Regu- lations for the right and privilege of participating in the said -festivi- ties. SECTION 12. Ur enC This ordinance is an urgency ordinance for theimme late pro o the public peace, health, safety and welfare and shall take effect immediately.. The facts constituting thisurgency are as follows: The Cinco de Mayo celebration is scheduled to occur on May S, 1973, and unless an enforceable ordinance is in effect on that date there will be no effective means of controlling an influx of a multitude of"unregu- lated concessionaires. PASSED, APPROVED AND ADOPTED this 23rd day of April, 1973, by the following vote, to 'wit: AYES: COUNCILMEN:" BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS - NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE ATTEST: