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R 4313 RESOLUTION NO. 4313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM BEACH CITIES CAB COMPANY, INC. TO TRI COUNTIES TRANSIT, INC. AND AUTHORIZING ISSUANCE OF A NEW CERTIFICATE THERETO CONTINGENT UPON FULL AND TOTAL COMPLIANCE WITH ALL CONDITIONS AND REQUIREMENTS OF CHAPTER 5.72 ( "TAXICABS ") OF THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, on June 13, 2000, Beach Cities Cab Company, Inc., owned and operated by Jeff Goldenberg, was issued a Certificate of Public Convenience and Necessity allowing the use of three (3) taxicabs within the City of Arroyo Grande ( "City "); and WHEREAS, on November 26, 2002, the City Council approved an amendment to the Certificate of Public Convenience and Necessity requested by Beach Cities Cab Company, Inc., to allow a maximum of ten (10) taxicabs to operate in the City; and WHEREAS, on August 5, 2010, the City received notification that Tri Counties Transit, Inc. has purchased Beach Cities Cab Company, Inc., which include the trade names Beach Cities Cab Co., Yellow Cab Co. of SLO County, and Checker Cab Co. of SLO County; and WHEREAS, a public hearing to consider the request for a transfer and issuance of a new Certificate of Public Convenience and Necessity to Tri Counties Transit, Inc. was duly noticed and held on September 28, 2010; and WHEREAS, the City Council has determined that public convenience and necessity require the taxicab service to continue operating in the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby grants and bestows a new Certificate of Public Convenience and Necessity to Tri Counties Transit, Inc., contingent upon full and total compliance with all the conditions and requirements of Chapter 5.72 "Taxicabs" of the Arroyo Grande Municipal Code. BE IT FURTHER RESOLVED that if the conditions and requirements of the Arroyo Grande Municipal Code are not met by the applicant, the Certificate of Public Convenience and Necessity will not be issued. On motion of Council Member Costello, seconded by Council Member Fellows, and on the following roll call vote, to wit: AYES: Council Members Costello, Fellows, Ray, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28 day of September 2010. RESOLUTION NO. 93/3 PAGE 2 TONY F if A A, MAYOR ATTEST: KELLY ETM/RE, CITY CLERK APPROVED AS TO CONTENT: ST�v�MS, CITY MANAGER APPROVED AS TO FORM: Q? V HYJ. L, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4313 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 28 day of September 2010. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of September 2010. L /. / t jdWOC KELLY ET, RE, CITY CLERK