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HomeMy WebLinkAboutCasey's General Store-2/11/2013BEFORE THE WATERLOO CITY COUNCIL IN RE: CASEY'S GENERAL STORE ORDER ACCEPTING 3260 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 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. (dia/ Ernest G. Clark, Mayor ATTEST: r Suzy Schas, City Clerk Mayor UU A CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward.3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT AI -Large TY- .F W T ERLO TWA. CITY A'r"®6ad eEYdF OFFS E 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R. ZBLLHOEFER, Assistant City Attorney February 20, 2013 Ms. Connie Larson Attorney General's Office Hoover State Office Building, 2nd Floor Des Moines, IA 50319 Re: Civil Tobacco Penalties Dear Ms. Larson: Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Violation concerning Casey's General Store (#2879) in Waterloo, Iowa, along with a copy of the Order Accepting the Acknowledgement/Settlement Agreement dated February 11, 2013. Very truly yours, Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwateriooiowa.com WE'RE WORKING FOR YOU! An Equal Opporhnity/Affumstive Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 7 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 • RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large 'Y FAN'E LOC: . CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attarnr-y • DAVID R. ZELLHOE.F'aR, Assistant City Attorney February 20, 2013 Ms. Claire R. Mattan Legal Counsel Casey's General Stores, Inc. P. O.Box 3001 Ankeny, Iowa 50021-8045 Re: Civil Tobacco Penalties Dear Ms. Mattan: Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Violation .concerning Casey's General Store (#2879) 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.cityofwaterlooiawacom. WE'RE WORKING FOR YOU! An Equal Opp unity/Affrmtaiive Action Employer IN RE: CASEY'S GENERAL STORE #2879 ACKNOWLEDGMENT/ 3260 UNIVERSITY AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA 50701 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. I I • e is (re- �� - il\ ftt RAS, L L J C Ot,LOW Date: j-2_6)--[3 j 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. VDR 167897 CK NO 2370818 Memo Invoice Dale Invoice Number Amount Discount Net Amount 2879 01/29/13 CK REQ 300.00 .00 300.00 300.00 Detach Before Depositing ARNING DRIGINAL.OCUMENTAIS,PRINTEDAN1L1.JE9NK .00 CASEY'S GENERAL STORES --P.O. BOX 009: --- ' ANKENY, IOWA 50021-8045 :.: 3-6-1901 '1012.: 300.00 Check No. 2370818. TO THE CITY _OF ` WATERLOO ORDER 715 ULB€RRY_ ST OF WATERLOO CA 50703 .v23708180 ':LDL 2 L90 L 7': 050080D/294v BEFORE THE WATERLOO CITY COUNCIL IN RE: CASEY'S GENERAL STORE ORDER ACCEPTING 3260 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this I [5 day of -T.Q 2 r U LAq) , 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 penniittee 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. rnest G. Clark, Mayor ATTEST: uzy Scha es, ity Clerk