Sec. 41-26. - Required.

Any person desiring to operate a bus transportation system or service in the city shall, before operating any part of such system or service, obtain from the city manager a certificate of public convenience and necessity in accordance with the provisions of this division.

(Ord. No. 68, § 1; Code 1961, § 11-12)

Sec. 41-27. - Application generally.

Any person desiring a certificate of public convenience and necessity under this division shall make written application therefor to the city manager. Such application shall state the name of the applicant, the place of business or principal office of the applicant and the number and type of buses to be operated. Such application shall also show cause why such certificate of public convenience and necessity should be granted and give evidence of the applicant's ability to operate such public transportation system or service, including the maintenance of reasonable schedules on all of the routes over which the applicant proposes to operate.

(Ord. No. 68, §§ 1, 2; Code 1961, § 11-13)

Sec. 41-28. - Hearing on application.

Upon receipt of an application filed under this division, the city manager shall, after giving not less than five (5) days' notice to the applicant of the time, place and purpose of such hearing, hold a public hearing for the purpose of ascertaining whether all of the requirements of the city applicable to the conduct of such business have been or, before commencing operation, will be complied with, whether there is a public need for such service in the city and whether the financial responsibility and business qualifications of the applicant are adequate for the proper conduct of such business.

(Ord. No. 68, § 3; Code 1961, § 11-14)

Sec. 41-29. - Issuance or denial.

If, upon a hearing held as provided in section 41-28, the city manager shall be of the opinion that all of the requirements of the city applicable to the conduct of the business have been, or before the commencement of operation, will be complied with, and that there is a public need for such service in the city and that the financial responsibility and business qualifications of the applicant are adequate for the proper conduct of such business, the city manager shall issue the certificate of public convenience and necessity. If not of such opinion, the city manager shall deny such certificate.

(Code 1961, § 11-15)

Sec. 41-30. - Appeal from denial.

An appeal by an applicant from denial of a certificate of public convenience and necessity, as provided for in section 41-29, shall lie to the city council, whose decision shall be final. Notice of such appeal must be presented by the applicant, in writing, to the city clerk within ten (10) days after such denial.

(Ord. No. 68, § 4; Code 1961, § 11-16)

Sec. 41-31. - Revocation—Generally.

(a)

Any certificate of public convenience and necessity issued pursuant to this division may be revoked by the city manager for failure by the holder to render proper and adequate service to the public or for the holder knowingly permitting or acquiescing in the violation of any ordinances of the city or laws of the state. Before taking such action, the city manager shall give the certificate holder at least thirty (30) days' written notice, setting forth with reasonable particularity the reasons wherein the certificate holder has failed to render proper and adequate service to the public, or has knowingly permitted or acquiesced in the violation of any of the ordinances of the city or the laws of the state. If the certificate holder shall, in the opinion of the city manager, within such period, satisfactorily correct the conditions set forth in the notice, the notice of hearing to revoke, as provided for in subsection (b) below, shall not be given.

(b)

If the certificate holder shall, in the opinion of the city manager, fail to correct the conditions set forth in the notice given under subsection (a) above, the city manager shall hold a public hearing to determine whether the certificate shall be revoked, after first giving the certificate holder at least thirty (30) days' written notice of the time, place and purpose of such hearing, which notice shall set forth with reasonable particularity the reasons for such contemplated action.

(Ord. No. 68, § 5; Code 1961, § 11-17)

Sec. 41-32. - Same—Appeal.

An appeal from the revocation provided for in section 41-31 shall lie to the city council, whose decision shall be final. Notice of such appeal shall be presented in writing to the city clerk, within ten (10) days after such revocation.

(Ord. No. 68, § 6; Code 1961, § 11-18)

Secs. 41-33—41-39. - Reserved.