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Ordinance Number 207369 ORDINANCE NO. 207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO GRANTING A FRANCHISE TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION TO CONDUCT THE ANNUAL FIESTA DE LAS GOLONDRINAS, AND AMEND- ING 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 .i FIESTA DE LAS GOLONDRINAS 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 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) "Association" is 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, asso- ciation, corporation company or organization of any kind. SECTION 3. GRANT OF AUTHORITY There is hereby granted by the City to the Association the right and privilege of operating, maintaining and conducting within the City the annual Fiesta De Las Golondrinas commemmorating the 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. 370 'SECTION 5. LIABILITY --INDEMNIFICATION It is expressly 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, judgment, execution, claim, or demand whatsoever, resulting from negligence on the part of the Association in the conduct of its annual Fiesta De Las Golondrinas 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 ^i by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Association. Asso- ciation 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) days notice of any intent to cancel. SECTION 6. ASSOCIATION RULES The Association 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, re- gulations, terms 'and conditions shall not be in confilct with the provisions hereof or of laws of the State of California. SECTION 7. CONDITIONS (a) PAssociation 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 parade. (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. -2- (d) Association shall, each year, provide the City Clerk of the City of San Juan Capistrano a map delin- eating the parade route and a program of activities planned. SECTION S. APPROVAL OF TRANSFER The Association shall not sell or transfer any rights under this Franchise to another. without Council approval. Pro- vided, 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 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 applica- ble 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 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 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 week Monday through Sunday during parade week.. Each such con- cessionaire shall be subject to the Business License Ordinance of the City of San Juan Capistrano. However, in lieu of the business license fee payable pursuant to Section 16 B of said Ordinance, each such concessionaire shall pay to the Association such amounts as may be established by Association's Rules and Regulations for the right andprivilegeof participatingin the Fiesta.. -3- 372 .SECTION 12. This ordinance shall take effect and be in force thirty (30) days after its passage and prior to the expiration of fifteen (15) days after the passage thereof, this ordinance shall be published once in a newspaper of general circulation in the City of San Juan Capistrano, County of. Orange, State of California. PASSED, APPROVED AND ADOPTED this 25th day of September, 1972, at a regular meeting of the City Council of the City of San Juan Capistrano, by the following vote,to wit: AYES: COUNCILMEN: BYRNES, CHERMAK, CAMMELL, THORPE, WEATHERS NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE ATTEST: GUu'iL ee an aL. n ersen�, `ity er -4- f —. FpFyA—rofthee City of San Jilan Capistrano