Minutes 1943/01/04
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687
Gilroy, California.
January 4,1943.
This regular monthly meeting of the Common Council is called to
order by His Honor Mayor George C.Milias,Jr.
Present:Councilmen George A.Martin,Gearge M.Mason,Nat Heiner,
J.H.Wentworth,David V.stout. Absent:Councilmen James Batters~.
Minutes of the meetings of December 7th,14th and 17th,1942 are
read and approved.
A communicat ion is read from the Shell Oil Company Incorporated
requesting permission to install wooden benches,on premises owned
or leased by the company, for use solely by members of our armed
forces and to bear a sign "Reserved for the Den of our Fight ing
Forces wa it ing for a ,ride".
A connnunication is read fran the Federal Communications Commission
stating that station KROB is not complying with existing radio
silence orders as the~ station personnel is not monitoring the key
broadcast stat ion for the rece ipt of rad io silence cr'ders.
Ari Appli cat ion fo r Liquor License asking for a transfer fran
JosePh persico,Almaden Road,Los Gatos.,Calif.,to Joe Leonardini,
dba as Rainbow Inn~ 595 Old Gilroy Street, Gilrqy,Calif.,.t ~n
on sale beer and wine license, is presented. No objection is made.
Motion by Councilman stout, seconded by Councilman Heiner and
carried that the request of the ~ell Oil Company to erect wooden
benches,on property owned or leased by them., for use at members of
our armed forces, be granted.
Motion by Councilman stout, seconded by Councilman Heiner and
carried that the matter of purchase of a receiving set for station
KROB, as requested by the Federal Communications Commission, be left
to ~raffic Officer Norman Goodrich.
The.':',ms.'trter o"f3consideration of the bid of the Texas Company for the
city's gasoline require*ents for the period January 15,1943 to January
l5th,1944, is now discussed. The Clerk is requested to read a letter
from the Texas Company stating that the company does not own any
property in the city of Gilroy far the tax year 1942-1943. No object-
ion is made to eliminating the Texas Company's bid.
Thi s being the t!me specified in a letter to the several oil
compantes asking for bids to furnish the city of Gilrqy With its
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gasoline requirements for the period January l5,l943 to JanUi ry 15,
1944, seven bids are tresented and rea.~
Shell Oil Company-l3~ per gallon;General Petroleum Corporation-13~'
per gallon;Tide Water Assoc:ia ted Oil CompanY-13sf per gallonjRichfield
Oil Corporation-13~ per gallon;Gilmore Oil Company-13sf per gallon;
Seaside Oil Company-l2i~ per gallon;Union Oil Company of California-
l2i~ per gallon.
Motion by Councilman stout, seoonded by Councilman Mason and
carrilad that the bids of the Seaside Oil CompaDY and the Union Oil
Company of California to furnish thee i ty with its gas oline require-
ments for the period Jamar)" 15,19"1 to January li,l944, at l2i~
per gallon,be accepted,and that business be divided equally between
the two successful bidders.
Motion by Councilman stout, seconded by Councilman Wentworth and
carried that Traffic Officer Nonnan Goodrich be given authority to
arrange a banquet and ant arta inment for the local telephone operators,
in re@ognitlon J..01 their faithful services in handling the radio
station during the pa st )llar.
Motion by Councilman lV1artin, seconded by Councilman Stout and
carried that Leon Thomas be appointed Police Judge for the City
of Gilroy for the period January 15,1943 to January l5,l944 at a
salary of $75.00 per month.
Mr.Dellie Rodriluez, act ing as interpreter fer a mem.'bar of the
local Me:X:icangroup, now appears before the Council to req1.2st per-
mission to establish a motion picture theatre, showing Mexican
motion pictures, in a building owned by Mr.Mitchel Milias and known
as the old Central Garage, 10 ca tad on the east side or south Monterey
Street between Sixth Street and Old Gilroy Street.
The Mayo r no w reads a po rt ion 0 f Ord inance 11390 relat i ve to moti on
picture theatres and states that the building would not comply with
the requi rem en ts of the cr d inance. The petitioner is _ advised to
investigate other buildings and it a suitable building is found
to again present this matter before the Council.
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RESOLUTION NO.l37 is now presented and read.
Motion by Councilman Heiner, seconded by Councilman Wentwwrth
that RESOLUTION NO.137 be adopted:
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68B
RES 0 ~ '!L T ION N 0 13'1
RESOLUTION PROVIDING POR THE ADMINISTRATION
OF THE VICTORY TAX.
WHEREAS, the Revenue Act of 1942 imposes a levy of 5% on the
gross income, defined as the victory tax net income, of every in-
dividual, which is required to be collected at the source by em-
ployers;
WHEREAS, nmnicipal employees are subject to the tax and
municipalities are made withholding agents and required to withhold
such tax and to return and pay over the proceeds thereof to the
Federal Government;
WHERFAS, the tax attaches to all wages paid as income after
January I, 1943, regardless of when they are earned; and,
WHEREAS, deductions, at the option of the employer, may be
computed on the amount actually paid at any payroll period or upon the
basis of wage bracket withholdings set forth in the Act Section 466
(c) (1) for any payroll period. NOW THEREFORE:
The Common Council of the City of Gilroy does hereby resolve as
follows:
That, beginning with the first payroll after January I, 1943, the
City Clerk is hereby authorized and directed to deduct and withhold
from the wages or salary paid to each officer or employee of the
City the Victory Tax in such an amount as is required by the Revenue
Act of 1942 based on the wage bracket withholding authorized under
Section 466 (c) (I) of that Act (or 5% of the amount actually paid
at any payroll period) on every payroll.
The City Clerk at the time of making up the payroll or immediately
thereafter, shall transfer the monies deducted therefrom under the pro-
visions of this resolution to the City Treasurer for deposit in a
separate account in the Bank of America N.T. & S.A., Gilroy, California,
where they shall be deposited and designated as a ttVictory Tax Account,
held for the benefit of the Collector of Internal Revenue." The
monies accumulated from such withholdings during each quarter of the
calendar year shall be paid by the City Treasurer to the United States
Collector of Internal Revenue for the District in which this city is
located on or before the last day of the month following the close of
any such quarter.
On or before January 31 of each year subsequent to 1943, or when
the last payment of wages is made, if employment is terminated before
the close of the calendar year, the City Clerk shall furnish to each
employee with respect to his employment during the calendar year, a.
written s~atement showing the wages for the period covered and the
amount of the tax withheld and paid in respect to such wages. A copy
of this statement for every employee shall be included with the final
return for the calendlr year to the Collect of Internal Revenue. The
aforesaid officer shall keep such records and made such reports to the
Bureau of Internal Revenue of wages paid, and the tax collected and
paid with respect thereto as that Bureau may require and prescribe..
The taxes to be withheld and collected under this resolution
shall not apply to any taxable year commencing after the date of the
cessation of hostilities in the present war and the account established
for the receiving of the tax funds hereunder shall be closed with the
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last payment to the Federal Government of the funds withheld. The
operation of this resolution shall ter.mlnate at that time or sooner# if
the victory tax is terminated by Federal action ptior to that time.
ADOPTED this 4th day of
by the following vote:
Janua13
# 1943:
AYES:
NOES:
Councilmen George A.Martin,Gearge M.Mason,Nat heiner,
J.H.Wentworth,David'V.Stout.
Counc ilmen None
. Al3SENT: Councilmen James Battersb7.
Attest:
G,~,~
City C erk
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The matter of the Coast Counties Gas &- Electric Company franchise
f~ Gas and Electricity is now disoussed.
j.,:)motionjby:)Cauneilm.an Stout "that we allow the present framhise
ot the Coast Count ies Gas and Electric Company to run it 's natu~al
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life and negotiate with the company wheD it expires", fails for want
of a sec ond.
Motion by Councilman Martin, seconded by Councilman Heiner, that it
be the sense of the Council that it will approve a franchise on a
basis of 35 years ana 2~ of the gross revenue subject to the form
and contents of an ordinance to be approved by the Council as a whole
at a later date and that the usual proceedure and law be followed in
the premises.
Roll call on the motion:
AYES:
NOES:
Councilmen George A.Martin,Nat Heiner, J.H.Wentworth.
Councilmen George M.Mason,David V.stout.
ABSENT: Councilmen James Battersby.
The Mayor now declares the motion is carried.
Councilman Mason states that the committee appointed to investigate
. the matter ot the killing of a dog belonging to Joe and Edith P.Ayer
has not had an opportunity to meet and asks for further time to
investigate this matter.
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Councilman Y~son discusses the matter ot compensation tor G.B. Carr
Deputy Tax Collector.
Motion by Counc ilman Mason, sec ended by Councilman stout and carried
that G. B. Carr be ,lace.a.zlon a salary 0 f $15.00 per month as Deputy Tax
Collector, ertective as ot January 1,l943.
Reports of th e ci ty ot1'1cers are 1%" esen t ed and read.
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Motion by Councilman stout, seconded by Councilman Heiner and
carried that the reports of City Officers be accepted as read and
placed on file.
Motion by Councilman Heiner, seconded by Councilman stout and
carried that bills as presented be allowed and warrants crdered II
drawn on the Treasurer.
Adjourned subject to the
call of the chair.
G. u \~~
City Clerk.
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