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Ordinance 0972ORDINANCE NO. 972 An ordinance granting to key system transit lines a california corporation a franchise to establish maintain and operate a local and transbay transportation system over certain streets in the city of alameda for the transportation of passengers for fire as a common carrier and fixing the terms and conditions thereof Alameda City Ordinances Or inance Teo. 972 Ne Ser :es ing of any new routes authorized by this franchise zxxitst be shown on an appropriate dated map tiled in the office of the City Clerk. Section . 4 . D E V I A T I O N S IN 12OU'l'l.S. Whenever it skull become neces- sary to exclude vehicu ax traffic over: any .,street or :- portion of 'a street included; in any ;route pre sr,rilled pursun.rat to this franchise, Whether for the purpose of recon- struction 'or repairing such street; or for any = public emergency,. Or whether - through accident or on account Of construction work of any kind or character, it - shall be impracticable to operate such sere- ic;e. efficiently or safely on any street or portion of street so des- ignated, . then grantee shall have the - right, �witli the approval - of the Public; 1. LMLies Coniini :scion, .w con - tiniie such service by the use : of oilier. streets, serving. substantially the, same territory or substantially parallellng said route, until such time as the cause or causes; 'com- pelling such change in service shall be removed, or : until - otherwise di- rected. by the City. .Manager. Grantee shall have, with `. respect to any al- ternate route designated pursuant to this section every right and prix- ilex e and'shaalLperforin every d uty prescribed. by this franchise with respect to the original: route. Section. 5. T.f!iRN1. OF GRANT; OPTION TO RENEW. This grant shall be. for a period of ten (10) . years from and a the date f.ixed.in Section 30 hereof. The- grantee, by and with the con -. sent of the Council, shall have the option to renew.said grant for two additional pe,riel.ds of: five (5) years. Notice of intention to 'exercise said option mu st be :given. to the Council not more than one (1) year nor less than six (6) aiionths - Before 'the ter- mination: of this franchise. or any extension thereof. Section 6. PAYMENTS TO CITY. Grantee agrees, subject to the con- ditions herein set forth, to pay to the ;City :semi - annually, hot later than March first of each year for the six- nionths :period from the pre- eedi11g July first to and including the preceding December .t.n.irty- :first, and not latter than September first of each year tor. the : ix_months period from the preceding .,7a n ary first to and including the preceding June thirtieth, two ;)lea° cent (2 %) of its total gross passenger revenue arising or in any masisner gained or derived from all operations O'f grantee : pursuant to Section. 2 hereof Grantee. further agrees that the first payment to. be made cinder this franchise shall : be mode not. litter than September 1, 1349, shall diver the period beginning on -the date grantee filed its application for a; franchise wand exidiaag : .Tune 30, 1.94, and shill be in alecordance with the provisions Hereinafter set forth, except thact the month of dune, 1949, shall be.tased as the base month in- stead of Janua.ry.or July as herein - ,aft pro vided. Grantee 'further agrees that the £o.11owing receipts of .gratntee : Sha al Conclusively ; be deen�edl to hav e arisen from operatlons p'Lirsua,nt t Section 2 of this franchise, and that twu I)'er cont (2 of the total shall be maid to the City by grantee dur- ing the`. term of this franchise and tiny renewals thereof, on the follow- ing 'basis. (i) That proportion of the total passenger revenue . of grantee. aris- ing from - rantee's vehicles in local ea servic whether by. motor coach ch or. other vehicle, throughout grantee's entire system which the number of local service ischeduled iiiles oiler rated, wliethear ;by niotor coach or :any other vehicle, within the 'C"lity :during the January or July of the period involved purswant to this .franchise Bears to the total number of local ervice :! scheduled ' miles operate?;d throe hoi,U ,rantee's entire system dur,i l� thy, J a;ncaa.ry or :Tidy of the period involved. (2) That proportion cif the total gross - :passenger revenue :.of .grant_ee arlsing; goon f,;'nm tee's tra7]sbay ]Do- tor coach operations - throughout grantee's entire system, which the Iiijhiber; of transba,y motor coach scheduled miles operated within. the City during the January or July . oT the period involveal pursu.ant. this f'raa.ncchi.se bears to . the .total number of tra,nsbay mo tor coach scheduled miles operated through out grantee's entire syat durin the January or July of the period in. olve At the time of etaeh. sc-mi- 211nt.ta;l 13tiyinent grantee shall file with the City Auditor a verified statement showing its . gross paissenger revenue for the 'perio'd in .question ;from each type of service above mentioned, to ,:ether with the :Basis ltpon which City's share of such receipts from each type of service Was determined as eomputed from the scheduled irides operated .during the month of Jan i r i or July included in :'eaell , erni °' urinal payment. -c payments :tinder this fran- are in lieu of (a) all business license - taxes, but not in lieu of sales and use tax, taxes o.n tangible property, ad valorem taxes on real wind personal property, and /or .any future -tax - levied by the. City upon the community generally; (la) obli- gation to repair or repave any street dine to the use of a motor coach therein except as .set forth in :Sec- tion 1.5. Section 70: EXTT.NSIONS, CHANGES OR MODIFICATIONS OF ROUTES BY Tl1E CITY. In Ahe event, City desires gran tee to make any extension of or changes or rnodificattions in any ' rotate or routes, or the creation of a new [2] Alameda 0 Ordinance No. 972 New Series route, City shall first submit the subject matter in writing to grantee for the purp of having grantee determine the desirability thereof from grantee's standpoint, at least twenty (20) days "prior to filing any application with the Public I.Ttili- ties Commission. The final deter nii_ nation by the Public Utilities Com- mission shall be binding upon both parties and have the. same force and effect= as if initially written into this franchise. Section K EX T .E NS I ON S, CHANGES OR MODIF ICATIONS O ROTITES BY Tld.m, GRANTEE, . In the event grantee desires to make aany extension of or changes or modifications in any -route or routes, or the .creation of :a new route, g'ra nteewill submit the sub- ject matter - theTTOf y in writing to the City Manager for the purpose of having; City -det- ermine the desirabil- ity - thereof - Crum City's standpoint. It is understood and agreed that if City is dissatisfied or objects tea any - such changes, City will have the right, as evidenced by resolu- lion of the Council, to object to the proposed changes, and in the event the resolution is adopted within twenty (20) lays ;roam the date the matter is first submitted to the City Manager grantee agrees th at it will not file; an application for any suah change so objected.t.o - with the Puialicm hitilities Commission. In the event the City does' not file a resolution objecting to the proposed changes 'within said twenty (20) day 1)eriod, grantee: may file an ap- plicati(.)am covering time proposed changes with the Public Utilities Commission, The filial ' determina- tion. made, by 'the 'Public: 'Utilities Commission . shaill be. binding upon both parties and have .. the s arise forcee and ef°feet a8 if originally written - into this fran chise. Section 9. 'AI3;a`a:NDON1VIENT OF ROUTI S. Grantee agrees that before filing any.. application with . the l'ublie Utilitaes -_ C ommission seeping" to abandon all or any portion o f any existing route referred to iri Section 3.hereof,,it will discuss the - wafter with City and.:will serve upon. the City manager a copy of the ,Lpplic °.a-- tion for a bandonrnent at least twenty (24) days :prior to filing said application with the Public Utilities C ommission. At any time after the -- said - twenty (20) day period the grantee -xnary -file its ap- plication for 'abandonment with the Public tl.tilities Cornmis5iou. The final, det:errnination made by the Public ITtilities Coznrnission shall be binding upon. [loth parties -and have the same force and effect as if ini- tially written into this fria.oc':+hise. Section 10. TYPES OF EQUIP- ME N'T. In the event that City desires the grantee to operate «a differearzt type of equipi eat on any of its routes, City will discuss the inatter with grantee and will serve upon gran - tee copy of the .application for Cha.n�'es irr types of equipment at least twenty (20) (lays -prior to fil- ing said application - witil Public Utilities Coln mission for ileterinina- tion. In the event grautee- desires to operate a. different type of equip- ment - oil any of -its route„ �l rautee ra, rc;r it %ill discuss the . rnat,ter with,: City and will s'erv'e upon the City olaLTm xgc z° a copy of the <:app';i- cation for ch,a,mges in tyypcs of 0c11 l?- rnent at twenty (20) days prior to filirm:I:; laid application with tile, Public 'LJ.t.ilitieS� ornaxmi4sitarr, At any time after said twenty - (20) day period either party iwmy file its am,ppli saitiou for changes in "types of equipin rxt with the Public, Utilities Con (mission, The -final -- determina- tiou Made by. the Public Utilities Corninission shall be binding upon both parties and have the saaue for�!.e and effect as if initially writ - ten into this .fra nchise. Section . Ii. SERVICE. (a) Grantee agrees that it will not male any Oranges or reductions in ser=vice on basics schedules, irclucl- ing,• but not Ilinited to the -nur ber or frequency of stops, -time ellrni.ma- tion of as schornIn or r_.lit rlxtle , c 113,11 es in headrwaLys or layovers or army other shnili,r matter, without first giving, the City Mamaag'er two (2) weeks written - ri atic:e of zrc•h kitended change of service.and the posting of a clearly understandable written notice of the change for a lilts, period in all , depots, - vehlcles and equipment .af£ecte;d. . (b) - _Grantee grrees- .that it will provide, strictly conformity with l;liis Jrrrcilrise; trazi I.aoit <i.licn serv- lee at :all times 'which conforms to reaa,sonable' regulations fr €ain nine to tiara prescri'be'd by the = public militie,s Commission. (r) Gr =anted agrees to abide by all City :police powers and traffic reg- trlation control. Cf- grantee :is -re- qi :ti lr e t to eham,nge or rnodify a motor coach route because of any police power or traffic regulation such as oil one -way streets it will promptIv apply to the Pub : Utilities Com- rnlss don for re- routing of any motor coach line over such streets as are clesinated by City. (c1,) - Gra:(ntee agrees that transp €ar- taz .iota service will be provide=d with adequate equipment. (e) Grantee: shall, after ti hearing by the Public Utilities Commission mmission upon its own motion or upon com- plaint - and a - finding : by said com- mission in ac>caordaucyc; with -time pr. °>- visions of the California Public 1_itil ities gIl� that the rules, regul'atiorms, Prac tices, eipuien.t, . appliaii es, fac,ilit.ies or service, . of grx -- artee or the method of furnishing transpor- tation by it are. - ixn.just., :u -r € >asoaa- able, unsafe, improper, inadequate, pr insuff 1: arorxipl.ly Comply Awith any order of tho Conn-nission Mamedacay Ordinances New Series determining the just, reasonable, safe, proper, adequate or sufficient, rules, regulations, - practices, equip- ment, appliances, facilities, service or methods to be observed, fur - nished, constructed, enforced or em- ployed by grantee as fixed by any such circler rule or regulation of said commissiorf, Section 12. STOPS. In establishing and sebeduling locyA or t.ransbay motor coach stops e grantee shall conform to such ras- onable regulations: as shall be from time to time prescribed by the Pub- lic Utilities Commission, Grautee shall, at its own cost and expense, construct, install and maintain ap- propriate signs indicating the gtops so established or 9c:heduled, laity agreed: to provide adequate curb space for reasonable operation of grantee tares provl;vIo is of this franchise and City will pay for the painting of the curb-space and en- force reservation of use thereof by grantee. Section 13. INSTALLATIONS IN STREETS. G rantee - shall install and use a,ll poles, signs ' and other franchise property so as to cause the least possible hindrance to the iiso of the streets for the purpose of t.r.atvel or any other 'public purpose, and euch installations hereafter shall be remade in aa, manner arid at locations swtti ;- f ac:tory to City's Superintendent of Streets. When any opening or excavation is "made, Or 'work done in, upon, along, a,eaxoss, under or over a my street for any purpose whatever by - grantee, in connection with. the ex(,r ~caise of any right: or privilege ° - azrted by this fratn €':°:1ise, any por- tion of said street affected or rlanr- aged thereby shall be restored. as promptly as praetieable by grantee to as. usefuli safe, durable and good emidition as existed prior to the malting of :Micah opening or sn eh ex- cavation or the doing of such work, and the saa,me shall be in confornaity with the :provisions Hof: the ordi- nances of City in force and effect at the three of. tbe'- perforl - nonee thereof, and shall be to the reas- onable Satisfaction of (lity's Super - intendentof Street. Section IC STRl 1?TT WORK. before grantee shall engage in any. work. in the publics streets for the - Installation, construction, re- placement, reconstruction, or re- moval of . frairchise property, notice thereof..shall be given to City's Su- perintendent of Streets. _Except in the case of emergency work noc- essary to avoid an inanrt in- terruption of service, or for the ina- mediate preservation of the public safely„ such notice shall be given at leaa.st- forty -eight (43) hours ex- elusive of Saturdays, Sund -ays and holidays prior to the cominenc:yerraen L of such Worh. City's Superintendent of Streets shall have authority to regulate and restrict the time and int:anner of performing any work in the public streets to the extent nec- essary, in ltis opinion, to provide for the public safety and convenience. Sec tion 15. DAA/lA.GlE TO P(JBLIC PROPERTY, be 1 rantee'shall at its own cost and expense repair, replaces or re- -tore. damage to public property (ordinary We lr and to r excepted) resulting from the sole- or ne�_;`lig*'erit operation of i~raTltee's equipment, Section 16. I2EXONSTRt.TC TION OF STaCry' , IrS OR RELOCATION C)la In the event that during the term of this franchise, the Public Utili- ties C o Wind- . — ,sion orders the reloca- tion Of aany faellities, grantee shall reloc ;at - e the : facilities as ordered by the C"ornmission and shall p€'ay the cost, or any portion thereof, as Ordered by the Commission. Section 17. INSP C'T'I.ON OF BOOX'S', i�Z]JCORMS, AND PROP- ERTY. .The City Mama.g•er, or any person des,lgna,ted by him, during reason- at.hle business _ -boors rfca y rnaal�.ea ex- o1ni.inattion at grantee's office or Ufi °yes Of its brooks aa-nd records, and ' ;hose. of any holding or operat- ing corr.pa.n,y of which it. is at ubsid- iary, 1 e'rma,n e to an for -the pairpose of vertify "ing the data, - set: ifo'rLh Era tiie =; tatement re quired by Section G hereof, and the data seat forth in the reports as. fried with the Public Util- it"c's Commission relating to the rendition of transportation = service by grantee Lhroua , it entire systems. - At all reasonable times ;r<antee - shall -perr -nit the City lklan- a, ;er, or any persona designated by the City Manager to :examine all pra.apOrty of :grantee used and useful hi the service to the - public, whether s°leh property be situated within or - vi.th City, c.rati€ n 18. REPORTS. Not later than April first of each cc, €.lc.EiLix year grantee shall furnish the City .1\ atnag°er a true copy of its annual r eport to the Public Utilities ComYnission'.in, the - form required by tTie Public 'Utility- Act 'rsf the State of California - and shall promptly, after its issuance, furnisli to the City it- Tanager not less than three ccapies of its annual report to its stockholders. Grantee shall prepare and furnish to the . City Manager, stieb reports with respecet.to its op- erations, ::affairs, transactions, prop- erty and financial conditions, as may be reasonably necessary or appro,priaa.te to -the performance of any of the duties of the City Man - ager under provisions of this fran- chis Section 1.9. INDENWII+ICATION OF CITY, Grantee does ' hereby indemnify, salve and hold harmless and agrees to defend, at grantee's own cost and expense, City and any officer, ser- vaant., agent or employee thereof Alame d New 'Scries from and against all injuries, ram- ages, cl<ai.nrs and demands of every name and nature -which may be made upon their by anyone, caused by or growing out of or .resulting; from the exercise by gr. of any or all of the - rights - or - privilea;es granted by this franchise) or by reason of any act or accts of grantee or its servants, agents OF eriilaloYees in exercising - this franchise or in failing; to. comply with : the obliga- tions imposed by the terms of this franchise, City agrees to notify the grantee in writing, ivathln sixty (60) . days after the service upon the C ity, of any clai.nn. or any sullin''lon>~, =or e'OM- plaint ire -any 1;uit in w12 ci7.the City bel. €eves -:tl °rat - rantee.: is obligated to hold the City iia,rml€ ss under tbls section and further agrees th, tifti- less said notice is served upon the grantee as berein< provided, City - rttay not sue grantce for indemni- ficaatican i.r City. is hf - liable for the damages or injuries ref'erred to in. such claim or suit.: Section- 2C, FREE T%tANSPORTA- T1 ON. All lrolicexnen,: firemen and Main - teiiancex - empllay-ees .c f City's l'?e?- pa< , txnent of Public Wades, while in the <jcLual dlscliarge of their: duties .ante; while going to and from Work shall be .allowed to ride in and upon .any motor coai.ch of grantee within the city, Witholrt paying fare thc.irefor. Section 21. ASSlG\IKENT OR TRANSFER. No transfer, a;ssit;nment or lease, ('or attempted 'trans'er, assignment or'le<ab'e, of this franchise, in w110le or in part; or of any right, .i)riviu- 1ege or interest therein, to any per - son, firm or corporation, shall have tans ;force, effect or - validity unless and until; (a:) Grantee shall have d1r.lY exe- cuted a good and sufficient instru- ment making such transfer, ''a,ssig n- inert :t or base, a nd a d'uplasa.to orig- inal thereof shelf have been .filed in the office of the City Clerk. (b) An ordinance of City, c onsent- ing to. :,inc . transfer, ra.,ssIg.,nrnent or lease shall have been duly. adopted and bectarri. - e effective. (o)- . The transferee; , - assignee, lessee or Vendee Shall duly. 'O e €:c'ite and file; in the office of the City Clerk ac good and .sufficrient:instru- inent accepting such transfer, .as- signment or lease, assoraing all the oblig ations of the grantee cinder this franchise. (d) The transferee, assignee, lessee, or vendee shall duly execute and file in the office of the City Clerk .aa .good a. nd suffit°ient insk'ru- nient surrenderlml to City all fran- chises, rights and privileges, which the transferee, assi�iree or lessee would have, been required to Burr en.- der trnd.or : :fhe provisions, hereof, if such transferee, assignee cr lessee had been, the c5riginial grantee here- of; PrOvi.ded, however, that the tetras of the foregoing clauses (a), (b), (c�) :.nd (d) of this section shall not LPPlY to any mortgage or deed or trust nade by gr antee (or made by any person; firm or corporation e.r' 1111d a tranSfe'r, assignment or lease, made in fall accordance with the provisions of this section), in Food ,faxlth to secure 111 issue or iss -ues of :bonds; but the terms Of said Claus(-s (a), (c) and (d) shall apply and o:he tr *, :rrns o f S,_,t.id i!laerse (b) Ball not apply to .n;y buyer aat it sale under arty mortia " "'o or €feed ol'. trust hereafter exec..i.:ted. ct',i,on 22.::i17RRE -NDE "'IF EX- 1ST1NG k+'.R e1NCtllSES: Grantee by the acceptali e of tlt1s franchise, and as a condition prece- dent to the enjoyment of gray rig,ht.s and prlvilege.; hereunder ipso facto su.rrend €,rs to City all .franchises within the hare,:ent limits of the C"ify 'Which it now holds or claims and the t'`ity� .a:',11aes to rancael said franchises and to r(;lie?ve the g,rtxnter: of any further obligations finder said fraan discs. Sec tion 23. I XT:I +.�TS1pN 1^:15' AN- N H X A,'r,o:y. ?`lion. the annexation of omyr nev, territory to. City - or th.e consolida- t:ioil of nny : other municipal -,cor- poraition with City, the :portion of any a ;rafntee 5 transportation sys- tem operated within such annexed or c onsolida,ted _terra f caz y s.lrall -im- rn- di titelY :upon the effective date of sc.ac. °h annexation or consolidation be subject to the terms and :condi- tions of this - franchise and there - upon grantee sha,il to dereined'to lrave , surrendered, any and all of its 1. nchises within such new ter_ ritorl' ,qq pp��, p� ?�� ry p qq--yyTT : Section -2i, OPT'ON �: O S°'t,„T11.- Grantee grants to City or to City's agents, an option to Purchase its entire used and useful Operatin plant, equipment facilities and p ro,aer y devoted to publie use. The pria,U to be :p <rid. by City ihall be historical cast less historical de- preciation on. depreciable assets at depreei::ftion ratrs fixed by the Pub - lic Citilities . Con Imisa;ion (for rate r i, zln purposes), plus ten per rent - ( 10%) of such net .depre elated cost. Section 25. EXCLUSIVE FEA- TUIZJ_'�] OF THE FIZANCHISE- 11r , anting this franchise (Fitt a €:; tees (providing; the grantee shall not be in .default,) that it will not ,auth orize any other private owned public;. transportation company, ex- cept : taaxic. which operate pur- 8ua tit to taxicab ordinances of the City and which do not operate on :fixed states or schedules, to operaa.te in competition with grantee within the erity. limits tic >ithout the consent of eii.lier the grantee or the Public Utilitius Ccir mission The graantinps of this frarrehise will ''not 'exclude the operation-by a riyorre of any type J Ordinance No, 9 Alameda City Ordinances New ' i of transit service in the future duly authorized by the Public l'.It.ilities Commission, even though such oper- ations be in direct competition with the grantee. The granting of this franchise by the City will not ex- clude or prevent any district, city, county or public authority or any combination thereof with the con - sent of the City, from filing an ap- phe,a.tion with the Public Utilities Commission for furnishing transpor- tation directly or indirectly ill com- petition with grantee. In the eve =nt any new transportation service in- volves traus;ba,y operations the con- sent of the California Toll bridge Authority shall be obtained in con- junction with the consent of the City- :eetion 26. F'C):1TF:I:NT URE. If grantee shall fail, ne „].ect or refu8e to comply ovith ally of the terms or conditions of this grant., and if sa)c:h failure, neglect or re- fusal shall continued for more than sixty (60) days after written de- mand by the. City or its City Man- ager, for compliance the =re -with, then, and in that event, the Cavity, by its legislative body, in addition to all rights and remedies allowed by law, may thereupon declare a forfeiture of this franchise, and all rights and privileges granted by this ordinance. Upon any such. for - feiture all the franchises, rights and privilege of the grantee grar:iateed hereby shall thereupon be at an end. No provision herein - made, for the purpose of securing the enforcement of the terms and conditions of this franchise, shall be deemed an exclu- sive renhddy or to afford the ex- clusive procedure for the enforce - ment of saki terms and conditions, but the remedies and procedure out- lined herein or provided., in.cludin forfeiture, shall be deemed to be cG'tnhtglra Live. Section 27. DELIVERY OF INTO - TICE. (a) any written notice herein re- quired to be given by City, or any of its officers or agents, to grantee, shall be deemed to have been duly served if delivered in ;;.aerson to any officer of the grantee or to its local agent: or nianaiger, or if sent by reg- istered nail to the postal address of the grantee. (b) Any written notice herein re- quired to be given by grantee to City, or any of its officers or aGg; shall be deemed to have been uly weaved if delivered in person to the Jri6lvid ,a.l ::'or whon it is intended, Or to the City Manager, or if sent by regD.,tered nail to the City Man - ager. Secttion 28, ACCEPTANCE OF FR ANN CIi:TSE. `lhea granting of this franchise Nvill lie conditioned upon grantee Ming with the City Clerk, at least. t.e�n (1.0) E'ia,'s before the ordinance rx nfai3 th.e fr,.mchise becomes ef- t , ective , , a written instrument in form satisl'a.ctury to the City .At.tor- ney accepting the franchise and aigreeiaag to perform and be bound by each and all of the terms and coliditiortti thereof. The term of this franchise shalt con - ntenc e imon the of tec t.ive claate of this ordinance, provided the ',ra.ntee has complied with this "'ect.ioll, ­�ootloii 20, APPROVAL OF T <:"i LANf:"E I S U1. "PtI franchise shall be subject to the plarovai of the Public: Utilities Coarr nission. ,ex;ta.taz2 20. TaiIPFECTE5 E DATE, This ordinance shall be in full force and elf c,c'.t from and ^a.Vt.er the e:c }air titan of thirty (30) days trc'am tale € ate of its final passage. W. J. BRAN aC.II1111D, Presiding; Officer of the Council. At Lest: J. R ('I, ARX, City Clerk. T, the undersigned, hereby certify that the foregoing Ordinance Was daily and - regularly adopted and ptt.ssei;d - lazy the. Council of the City of A1anieda in adjourned regular a� c, *,e iirzt a.s ,ernbled on the 28th day of J tine, 194 1, by the followings vote, to avit: '_YEIS: C. €:zunc,ilmen. Anderson, :Tones, Osborn, Sweeney and Presi- lent Branseheid, (a). N(.)ti 1\ ADS1"NI T: None. TN WITNESS WHEREOF, 1 have hereu?ito set my hand and affixed the ,, of'fiei.al seal of said City this 29th day of June, 1949. (51 P. CLARK, City Clork of the City* of Alameda. Publish June nO, 1949. a