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1 <br /> 3 <br /> <br /> 5 <br /> 6 <br /> 7 <br /> 8 <br /> <br /> 10 <br /> 11 <br /> 12 <br /> 13 <br /> <br /> 15 <br /> 16 <br /> 17 <br /> 18 <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> 24 <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> '29 <br /> <br /> 31 <br /> 32 <br /> 33 <br /> 34 <br /> 35 <br /> <br />~Jen Du~. Douglass <br />& Anderson <br /> <br />/ <br /> <br />incorporate(] hereino Said ordinance was to become effective on <br />February 26, ].981, but by subsequent actions the City Council of <br />the City of Pleasanton postponed the ordinance's effective date <br /> <br />to August 26, 1981. <br /> <br /> Kaiser Sand & Gravel Company, a <br />("Kaiser"), ~]odes-Jamieson, a California <br />Jamieson") and Lo~e Star Industries, Inc., <br /> <br />Delaware corporation <br />corporation ( "Rhodes- <br />a Dela~are corporation <br /> <br />("Lone Star") operate sand and gravel quarries in or near City and <br />transport their products by truck over the Stanley Boulevard Route. <br />The Kaiser quarry operation is within the city limits of City; the <br />quarry operations of ~]odes-Jamieson and Lone Star are in the unin- <br />~orporated area of Alameda County. <br /> <br /> Ordinance No. 954 prohibits the operation of vehicles <br />~;ith a maximum gross weight in excess of 16,000 pounds on the <br />Stanley Boulevard Route. The trucks used to transport the quarry <br />products from the quarries of the three companies are heavier than <br />16,000 pounds (8 tons) and, when fully loaded, typically weigh up to <br />~pproximately 40 tons. The effect of Ordinance No. 954 is to <br />prohibit the use of the Stanley Boulevard Route by trucks trans- <br />porting sand and gravel quarry products from the three cqmpanies' <br />~and and gravel quarries. <br /> <br /> Ordinance No. 954 was adopted by the City ~n reliance <br />up6n Sectio~ 35701 of the VehiCle Cod~ 6f the Stateof <br />California which reads as follows: <br /> <br /> "(a) Any city may by ordinance prohibit the <br /> use of a street to be described in the ordinance <br /> by any commercial vehicle or by any vehicle <br /> exceeding a maximum gross weight limit to be <br /> specified in the ordinance, except with respect <br /> to any vehicle which is subject to the provisions <br /> of Sections 1031 to 1036, inclusive, of the <br /> Public Utilities Code. <br /> <br /> (b) The ordinance shall not be effective until <br /> appropriate signs are erected indicating either <br /> the streets affected by the ordinance or the <br /> streets not affected, as the local authority <br /> deterluines wi]l best serve to give ~aoti. ce of the <br /> ordinance. <br /> <br />-2- <br /> <br /> <br />