1939-12-28 Regular CC MinutesADJOURNED REGULAR M FETING OF THE COUNCIL OF THE CITY OF ALAMEfi
HELD THURSDAY AFTERNOON DECEMBER,28 1939
The meeting convened at 5 :05 o'clock P. M. with President Weichhart presiding.
ROLL CALL:
1. The roll was called and Councilmen Godfrey, Maurer, Morris and President
Weichhart, (4), were noted present. Absent: Councilman Carrington, (1).
WRITTEN COMMUNICATIONS:
2. The Clerk read the following letter from the Board of Supervisors of Alameda
County, dated December 26, 1939:
"This will acknowledge receipt of your letter of December 23rd,
1939, relative to the furnishing by the City of Alameda of
one -half of the personnel, material and services necessary
for the operation of the Fruitvale Avenue Bridge for a period
of ninety days in order that the traveling public may not be
inconvenienced until such time as necessary action may be
taken by the United States Congress.
"We note that in the resolution passed by the Alameda City
Council certain legal objections are raised to the City's
participation in the operation of this bridge. May we call
your attention to the fact that the County of Alameda is
confronted with even greater legal problems by reason of
the recent decision of the District Court of Appeals in the
case of County of Alameda v. Ross, 97 California Appellate
Decisions, 166, in which the Court stated, referring to the
license agreement from the United States Government under
which the County has operated the Fruitvale Avenue Bridge.
"'The Board of Supervisors has no power to bind
the County to such an illegal contract. It is
absolutely void for lack of mutuality and con-
sideration. It also constitutes an illegal con-
tribution of public funds for the benefit of a
private corporation.'
"The Fruitvale Avenue Bridge is located entirely in incorporated
territory and is operated primarily for the benefit of the City
of Alameda.
"We therefore ask that you reconsider your decision in order
that the people of your city may continue to have the trans-
portation facilities afforded by the Fruitvale Avenue Bridge."
Councilman Morris moved that the Council adjourn to meet in adjourned regular session
at 7 :30 o'clock P. M. this date, so that a satisfactory reply to the Board of Super-
visors may be prepared. The motion was seconded by Councilman Maurer and on roll call
carried by the following vote. Ayes: Councilmen Godfrey, Maurer Morris and President
Weichhart, (4). Noes: None. Absent: Councilman Carrington, (1j.
Respect ily submitted,
C ty Clerk.