Resolution 1232
RESOLUTION NO. 1232
A RESOLUTION AUTHORIZING THE REFUND OF CERTAIN CIGARETTE TAXES COLLECTED
BY THE CITY OF GILROY.
WHEREAS, the City of Gilroy, on August 15, 1966, adopted a
local Cigarette Tax, Ordinance No. 778, which was collected from whole-
sale distributors; and
WHEREAS, on October I, 1967, the State of Cal ifornia began
the collection of a Cigarette Tax collected from individual retailers;
and
WHEREAS, the new State tax provided that cities would share
in these new revenues, provided the local jurisdictions rescinded their
local tax on or before October 1, 1967; and
WHEREAS, the Gilroy City Council determined that this new
State tax would more than adequately replace those revenues being col-
lected under the City tax, and did rescind the local tax, effective mid-
night September 30, 1967; and
WHEREAS, there did occur an over-lapping of these two taxes
during the latter part of September, 1967, i.e.; local retailers paid
the City tax to their distributor, and on October 1, 1967, paid the new
State tax on their floored inventory.
NOW THEREFORE, BE IT RESOLVED that the Gilroy City Council
hereby determines that it shall refund to local retailers the City Tax
on all packages of cigarettes subsequently taxed by the State on October
1, 1967.
BE IT FURTHER RESOLVED that the Gilroy City Administrator is
hereby directed and authorized to make these refunds using the following
procedure:
I. The consideration of such refunds shall be considered and
limited to a period of one hundred (100 days following the
adoption of this resolution.
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2. That this resolution shall be publ ished twice in the
local newspaper within a ten (10) day period following
the adoption of the resolution in order to provide those
affected local retailers with sufficient notice.
3. It shall be the responsibility of all local retailers
affected to file such claims with the City upon forms that
will be furnished by the City upon request from each
reta i 1 er .
4. The City Administrator is hereby authorized to use what-
ever means he deems necessary to verify all such claims that
may be submitted under this procedure.
PASSED AND ADOPTED this 19th day of February, 1968, by the
following vote:
AYES:
NOES:
COUNCIL MEMBERS: Allemand,Duffin,Kennedy,Quartiroli,
Silva,Wentworth, and Goodrich.
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
APPROVED:
J/~.4~~
Mayor
ATTEST:
""") Z I .f ~ ~ ,>')r-~:-(~ M~ ",.; -
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City Clerk
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No.
1232 is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
19th day of February
, 19 68 , at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this
20th day of Februarv
, 1 96,L.
1 1'.'~
):i-lz,UJal1~tUi v-; ~ (y ~~
City Clerk of the City of Gilroy