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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.