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ORDINANCE NO.~/ Z
AN ORDINAA?CE ESTABLISHING PROCEDURE FOR GRANTING..
OF EXCLUSIVE PERMITS FOR OPEP.ATION OF BUS SERVICE
SOLELY WITHIN THE UN TA?CORPORATED AREA OF THE COUNTY
OF BUTTE
The Board of Supervisors of the County of Butte do ordain
as follows:
The Butte County Code is hereby amended by adding thereto
Chapter 29~ as follows:
Section 29-1: All applications for exclusive permits
to operate any bus service solely within the unincorporated
area of the County of Butte shall be completed pursuant
to the terms of this chapter, excepting bus service
supplied by any governmental agency or district.
Section 29-2. All applications for a permit to operate
any bus line solely within the unincorporated area of the
County of Butte shall be submitted on forms to be supplied
by the county.
Section 29-3. A11 applications shall be submitted with a
fee of $50.00, which fee shall not be returned whether or
not the permit is eventually granted.
Section 29-~E. Upon receipt of an application for an
exclusive permit, pursuant to this chapter, the Board of
Supervisors shall cause said application to be advertised,
pursuant to Government Code Section 6061, and in said-
publication shall advise the public of the date on which
bids for said exclusive permit shall be opened.
Section 29-5. Bidding shall be based upon the application
that is published, including but not limited to minimum
schedules, the equipment proposed, the routes requested,
and upon the requirements of this chapter. The bid shall
be awarded to the highest responsible bidder who .,offers
the County the highest consideration in money for the
granting of the permit. The routes set out in the
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application may. later be changed only after a duly
noticed hearing before the Board of Supervisors. Y
Section 29-6. In addition to the amount bid for the
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exclusive permit to operate a bus service, the successful `
applicant shall pay to the Co~inty of Butte monthly an
amount equal to 3% of the gross receipts of the bus
ser5rice allowed under the permit.. A11 equipment utilized
under this permit shall be duly licensed by the State of
California, and shall meet-all California Public Utilities
..
Commission requirements, anal shall be operated pursuant to
all Federal, State and County laws and regulations.
Section 29-7. The term of the permits granted pursuant to
this chapter shall be for ten years.
Section 29-8. Prior to commencinn bus service pursuant to
this chapter, the successful applicant must-file with. the
Clerk of the County of Butte evidence of liability insur-
an~e in an amount as required by the Board of Supervisors
of the County of Butte. -Said insurance sha11 contain a
rider prohibiting cancellation unless 10 days notice of
said cancellation is given to the County of Butte. The.
successful applicant-shall also post a corporate surety
bond, which bond shall be in a penal sum as prescribed
by the $oard of Supervisors, and conditioned that such
successful applicant shall well and truly observe, fulfill,
and perform each term and condition of the permit, and
that in the case of any breach of the condition of the
bond, the whole amount of the penal-sum therein shall be
deemed to be liquidated damages and shall be recovered
t
from the principal and sureties upon the bond. Said bond
shall also contain'a provision that it may na~t be cancelled
unless l0 days notice is-given to the County of $utte in
writing. .,
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Section 29-9. The rates to be charged for the bus service
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shall be set out in the application, provided however, that ~
the. Board of Supervisors, prior to advertising for bids,
may require a different rate. Under no circumstances shall
the successful applicant and owner of said bus service
cause. or allow .the sale of any tolcens or coupons of any ',
sort of classification. Rates charged to the public shall
be the same as in the application, provided, harever, that
rates may be increased or lowered after a noticed hearing
pursuant to Government Code Section 6064 before the Butte
County Board of Supervisors.
Section 29-10. .The successful applicant may establish
bus stops and install bus stop signs provided that said
applicant obtain from the Butte County Department of
Public Worl:s an encroachment permit where said signs
are to be placed on a county right-of-way, and provided
further that prior to the placing of any bus stop signs
and/or benches for the convenience of the waiting public,
the successful applicant obtain clearance therefor from
the Butte County Planning Commission. Provided further
that the successful applicant may permit his buses to
stop at other areas at the option of the bus driver.
Section 29-11. In the event the successful applicant and
operator of the bus service, pursuant to this chapter,
fails to comply with the terms of this chapter, or-the
permit as issued, said permit may be cancelled by the
Board of Supervisors after the said Board of Supervisors
has held a public meeting on the matter and notice given
in writing to the applicant or operator of said bus
service ten days prior to said hearing. Provided further,
however, in the event notice of cancellation is given the
county for the bond referred to in Section 29-3, or
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1 the liability insurance provided for in Section 29-8,
2 the permit issued thereunder shall be cancelled writhout
3 a public hearing upon the effective date of the cancellatio,
~ of the bond or the liability insurance, and said operator
5 shall not continue to operate the bus service thereafter.
g Section 29-12. The operation of any bus service or the
7 •engaging in business of regularly transporting people along
g a designated route solely within the unincorporated area of
g the County o£ Butte in violation of the terms of this
10 chapter, is a misdemeanor.
11 Section 29-13. if any section.,-sub-section, sentence,
Z2 clause, or phase of this ordinance, is for any reason
13 held by a-court of competent jurisdiction~to be invalid,
14 such decision shall not affect the validity of the
15 remaining portions of this ordinance. -
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17 'T'hat this ordinance shall take effect thirty (30) days
lg after its adoption. This ordinance before the expiration of
19 fifteen (15) days after its passage, shall be published with the
20 names of the members voting for and against the same, once, in a
21 newspaper, published in the•County of Butte, State of California,
g2 PASSED AND ADOPTED by the Board of Supervisors of the County
23 of Butte, State of California, this 21st day of January, 1969,.
2e} by the following vote:
25 AyEg; Supervisors Thinaway; Howsden, Maxon; Reynolds and Chairman MaKi1
2B NOES: None
27 ABSENT: None .
28
CK c'TLLOP, airman o t ie
29 utte County Board of Supervisors
30 ATTEST:
CLARK A. NELSON, County Clerk
31 and ex-officio Clerk of the
Board of Supervisors =
32
Deputy