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Resolution 12675CITY OF ALAMEDA RESOLUTION NO. 12675 AWARDING NEWSPAPER CONTRACT FOR FISCAL YEAR 1995/1996 WHEREAS, pursuant to Alameda City Charter section 3-18, the City Clerk solicited bids for the publication of the City's newspaper advertising for the fiscal year 1995-1996; and WHEREAS, pursuant to such request for bids, bids were submitted by the Alameda Journal and Alameda Star-Times, both newspapers of general circulation; and WHEREAS, the Alameda Times-Star filed objections to the bid of the Alameda Journal on the grounds that it did not meet the requirement of section 3-18, that it have a bona fide paid circulation of at least 1000 copies; and WHEREAS, the Alameda Journal filed objections to the bid of the Alameda Times-Star on the grounds that the newspaper is not printed in the City of Alameda, and therefore, not published in the City of Alameda as required by section 3-18; and WHEREAS, each newspaper has submitted to the City Council its reasons why they meet the charter requirements; and WHEREAS, the City Council finds that the City Charter requirement that the newspaper of general circulation to which a contract would be awarded be "published in the City for a period of not less than one year immediately preceding the making of such bid, and having a bona fide paid circulation of at least one thousand copies" is a municipal affair, and a legal requirement of the charter to provide a minimum standard to assure that the newspaper advertising of the city will reach at least a minimum number of people; and WHEREAS, the Alameda Journal admits it does not have a paid circulation of 1000, and is therefore disqualified under the City Charter; and WHEREAS, the Alameda Times-Star admits it is not printed in the City of Alameda but contends that the City Council should determine that it is published within the City of Alameda; and WHEREAS, the City Council finds that it was the intention of the drafters of the City Charter that "publish" means that it shall be issued from the place where the paper was printed and sold; and WHEREAS, the City Council finds that the citizens of Alameda, in adopting the charter, could not have contemplated the applicability of Section 6008 because that section was enacted in 1974, some thirty seven years after the adoption of the charter; and WHEREAS the City Council finds the Alameda Star-Times disqualified under the City Charter because it is not published in the City; and WHEREAS, the City Council finds that to solicit bids and award the City's advertising to a newspaper of general circulation published outside the City of Alameda would not be in the best interests of the of Alameda because none of the papers are as likely to give adequate legal notice to the residents of the City of Alameda as either the Alameda Times-Star or the Alameda Journal; and WHEREAS, both the Alameda Star-Times and the Alameda Journal are both newspapers of general circulation for the City of Alameda, and that failure to award the contract to publish the City's legal advertising to these newspapers because of failure to comply with the City Charter may be a violation of Government Code section 6041 which requires the award shall be given to a newspaper of general circulation published within the jurisdiction, and that failure to award to these newspapers may constitute a violation of Government Code, Section 6044 imposing personal liability of "disregard or violate" the provisions of the Government Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Alameda that Council award the bid for legal advertising based upon the cost of the advertising and the likelihood that the newspaper that is awarded the bid is most likely to inform the greatest number of residents at the least cost. BE IT FURTHER RESOLVED that the award for legal advertising for the City of Alameda for fiscal year 1995-1996 is awarded to the Alameda Journal subject to said newspaper executing a contract with the City. GP■bids Jno