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HomeMy WebLinkAboutKwik Star 723-2/11/2013BEFORE THE WATERLOO CITY COUNCIL IN RE: KWIK STAR 723 ORDER ACCEPTING 707 BROADWAY ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—FIRST VIOLATION On this I day of , 2013, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Ernest G. Clark, Mayor ATTEST: Suzy Schates, City Clerk Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WAY E R I C,INA crry ATTORNEY'S OFFICE - 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney DAVID R ZELLHO1 FE , Assistant City Attorney February 20, 2013 Ms. Connie Larson DAviD Attorney General's Office JONES Ward i Hoover State Office Building, 2nd Floor Des Moines, IA 50319 CAROLYN COLE Re: Civil Tobacco Penalties Ward 2 HAROLD Dear Ms. Larson: GE11Y wards Enclosed is a.copy of the Acknowledgement/Settlement Agreement for First QUENTIN M Violation concerning Kwik Star #723, 707 Broadway in Waterloo, Iowa, along HART with a copy of the Order Accepting the Acknowledgement/Settlement Agreement Ward 4 dated February 11, 2013. RON WELPER Very truly yours, Ward 5 BOB GREENWOOD At -Large Sharae Akin Legal Assistant STEVE SCHMITT At -Large sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.sityofwaterlooiowa.com. WE'RE WORKING FOR YOU! An Equal Opportmbty/Afiimiative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward.3 QUENTTN M. HART . ward.¢ -RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Cg I T WA R E C, WA, CITY A.TT®8 sKEY'J OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R. Z£LLHOEFEK, Assistant City Attorney February 20, 2013 Ms. Deanna Hafner Legal Department Kwik Trip, Inc. . 1626 Oak Street P. O. Box 2107 LaCrosse, WI 54602-2107 Re: Civil Tobacco Penalties Dear Ms. Hafner: . Enclosed is .a copy of the Acknowledgement/Settlement Agreement for First Violation concerning Kwik Star #723, 707 Broadway in Waterloo, Iowa, along with the original Order Accepting the Acknowledgement/Settlement Agreement dated February 11, 2013. Thank you for your payment. This matter is now closed. Very truly yours, Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cttyofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: KWIK STAR 723 ACKNOWLEDGMENT/ 707 BROADWAY SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for -the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims. Steven D. Zietl,w, Secreta Date: January 25, 2013 NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. KWII(: 'TRIP, INC. P.O. BOK 2107 1626 CAI< STREET LACROSSE, WI 54602 Phone 855-733-8287 PAY THREE HUNDRED AND 00/100 DOLLARS TO CITY OF WATERLOO THE ORDER 715 MULBERRY ST OF WATERLOO IA 50703 tog 11005II' 1:04 2 100 2 7 21: • FIFTH THIRD SANK 73-23-421 NO. 911005 DATE 01/31/13 AMOUNT ******300.00 ;i1GIJAl IJIIC HAS A(201(7HEU bAI.l I (JW•lii)Hl)1.l-1([PI 1.',ii::, 7480 79 504 10 BEFORE THE WATERLOO CITY COUNCIL TN T Tl T`. 111 1W. KWIK STAR 723 ORDER ACCEPTING 707 BROADWAY ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—FIRST VIOLATION On this 1 rir-1day of FP.t , 2013, in lieu of a public hearing on the matter, the Waterloo .City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ATTEST: 'uzy Scha es, City Clerk Ernest G. Clark, Mayor