Petaluma Municipal Code Ch. 14.12 Bus Certificates

All persons desiring to operate a bus in the city shall make application for a certiJcate, which application shall

contain the following information:

A. The name and business address, residence address, business telephone number and residence telephone

number of the applicant;

B. The number of busses owned and operated on the date of the application, if any;

C. The number of busses for which a certiJcate is designed;

D. The make, type, year of manufacture and seating capacity of each bus for which a certiJcate is desired, or, if

the busses have not been procured, this data anticipated;

E. The description of the proposed color scheme, insignia, trade style and any other distinguishing

characteristics of the proposed bus design;

F. A description of the proposed routes, stops, schedules of operation and termini of routes desired by the

applicant;

G. The schedule of rates desired to be charged;

H. A general statement that the applicant has complied or will comply prior to the date of commencing

operations with all of the provisions of this chapter.

(Ord. 204 NCS §1; Ord. 73 NCS §3; prior code §24.42.)

Upon receipt of an application for a certiJcate for the operation of a bus line in the city, the central permit bureau

shall refer the same to the police chief, who shall investigate the following matters and make recommendations

thereon to the city council:

A. The public demand and need for the additional service;

B. The Jnancial responsibility and experience of the applicant;

C. The adequacy of the existing mass transportation systems;

D. The character and Jtness of the applicant;

E. The probable eMect of granting the application upon traLc and parking conditions and upon public safety;

F. The number, kind, color markings and trade style of proposed busses in relation to the bus lines already in

operation;

G. The mechanical condition, the safety, the cleanliness and appearance of the vehicles and the equipment to be

used in connection with the operations.

(Ord. 73 NCS §5; prior code §24.43.)

Upon completion of the police chiefs report and recommendations required by the preceding section, he shall

forward the application there mentioned to the commission, which body shall make recommendations to the city

council as to the location of the mutes of the proposed bus line, the schedules which such bus line should be

required to maintain and the location where bus stops should be permitted, and the eMect on the traLc in the city

in general. (Ord. 73 NCS §5; prior code §24.44.)

Upon receipt of an application for a bus line certiJcate from the planning commission, the city council shall take

action to deny or grant such certiJcate. (Ord. 73 NCS §5; prior code §24.45.)

If the issuance of a bus line certiJcate is approved, the council shall determine the terms and conditions upon

which the certiJcate is to be issued, including the stops, routes and schedules, the rates which the bus line shall be authorized to charge, the amount of compensation which shall be paid to the city for the privilege of operating,

and the period of time for which the certiJcate is issued. Such terms and conditions shall be embodied in a

resolution passed by the council at the time it authorizes issuance of the certiJcate. (Ord. 73 NCS §5; prior code

§24.46.)

The council shall, by resolution, at the time of authorizing issuance of a certiJcate to the owner of a bus company,

specify and determine a period during which such certiJcate is to be eMective. The council resolution so

authorizing a bus line certiJcate, the certiJcate itself and this chapter shall be deemed to constitute an oMer to the

owner of such bus line, who, by commencing operations pursuant thereto, shall be deemed to have accepted the

same and all the terms and conditions of such oMer. Such oMer and the acceptance by the owner thereof shall be

deemed to be a contract subject to the terms of Sections 14.08.120, 14.12.100, 14.12.110, 14.16.080, 14.16.090,

14.24.090, 14.24.100, 14.24.110, 14.24.130, 14.28.130, 14.28.140, 14.28.150 and 14.28.210, and all other terms of

this chapter for the period speciJed, between the owner and the city and shall be subject to the rules of law

pertaining to contracts; provided, that nothing in this chapter shall be understood or construed to be exclusive in

the rights and privileges granted pursuant to its terms, except that it is the policy of the city that no certiJcate for

the operation of a bus line shall be granted upon competitive routes, where the existing owners have satisfactorily

complied with their contracts. (Ord. 73 NCS §20; prior code §24.47.)

Upon receipt of the council’s approval of a bus line certiJcate application and of the resolution embodying the

terms of such certiJcate, the central permit bureau shall issue such certiJcate to the applicant therefor. (Ord. 73

NCS §5; prior code §24.48.)

The owner of a certiJcate for the operation of a bus line shall pay to the city a sum of money based upon a

percentage of the gross receipts that shall be derived from all of the operation of such business within the city,

including receipts from advertising, except a rental on equipment leased or used by or to other companies. The

amount of such percentage shall be determined by the council, by resolution, at the time of the issuance of the

certiJcate to the owner is authorized; provided, that the percentage authorized to be charged for the Jrst Jve

years of operation shall not exceed one-half of one percent of the gross receipts. At the end of a Jve-year period

after commencement of operations, the council shall review the amount of the charge and, at that time, by

resolution, establish the rate to be paid thereafter. Payment of such percentage of gross receipts shall be made in

lawful money of the United States and shall be made semiannually on or before the twenty-Jfth day of the month

following each six-month accounting period from and after the date on which the certiJcate was issued; provided,

that if the certiJcate is issued after the Jrst day of January, but before the thirtieth day of June of any year, the accounting period shall end as of the thirtieth day of June of the same year and if issued after the thirtieth day of

June but before Jve p.m. the thirty-Jrst day of December of any year, the accounting period shall end as of the

thirty-Jrst day of December of the same year. Each payment shall be accompanied by a full, true and correct

accounting showing by items all gross receipts of the owner and the source from which derived during such

preceding month. If any exemption or deduction be claimed by reason of the foregoing exception, the same shall

be shown by items and in full detail with a fully explanatory statement. All such accounting statements shall be

Jled in triplicate with the auditor-clerk, and with such persons, boards or commissions as from time to time may

be designated by the city manager. They shall be veriJed by the proper oLcer of the company or the owner. For

the purpose of verifying such accounting the city shall have the privilege of inspecting the books and records of

such owner at any and all reasonable times during oLce hours, together with such rights of visitations as may be

provide by resolution. (Ord. 73 NCS §19; prior code §24.49.)

The owner of a bus line to whom a certiJcate is issued within ten days after the issuance of such certiJcate, and as

a condition precedent to the exercise of any rights granted by such certiJcate, shall make, execute and deliver

unto the city and shall at all times during the life of the certiJcate, maintain in full force and eMect, a good and

suLcient bond, issued by a corporate surety authorized by law to engage in the surety business in the state, in the

aggregate principal sums as shall be determined and estimated by the council at the time of the issuance of the

certiJcate, equaling the amount that will be due the city for its percentage of gross receipts from the operation of

such bus line for a period not to exceed six months. Each such bond shall, before becoming eMective, be approved

as to surety and suLciency by the city attorney. Each such bond shall be conditioned that the principal shall well

and truly observe and faithfully perform the provisions of his certiJcate, this chapter and the resolution

authorizing the same pertaining to the obligation to compensate the city by a percentage of gross receipts and

that in the event a breach is made in such condition then and in that event, the whole amount of the penal sum

therein named shall be forfeited to the city. (Ord. 73 NCS §14; prior code §24.50.)

CertiJcates issued to owners of bus companies shall be transferable only with the consent of the council. (Ord. 73

NCS §9; prior code §24.51.)

CertiJcates issued to the owners of bus lines may be suspended or revoked by the council only upon its Jnding

that the owner is guilty of a material breach of the terms of the certiJcate of this chapter or of the resolution

under which such certiJcate was authorized. Material breach shall be deemed to mean such a breach as in law

would permit the non-breaching party to a contract to rescind a contract to which he is a party. (Ord. 73 NCS §9;

prior code §24.52.)