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HomeMy WebLinkAboutMetro 66 #1-2/18/2013Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward.3 QUENTIN M. BART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE scHM I r At -Large CITY OF WATERLOO, CI ■ D ATTO NEY'& OFFICE 715 Mulberry St, • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4671 JAMES E. WALSH, JR., City Attorney • DAVID R. ZE3LLH©EFER, Assistant City Attorney February 25, 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 are copies of the following: Metro 66 - #1, Waterloo, Iowa—Acknowledgment/Settlement Agreement for First Violation and Order Accepting same dated February 18, 2013. • Five Star Snacks & Liquor, 437 Sullivan Avenue, Waterloo, — Acknowledgment/Settlement Agreement for a First Violation and Order Accepting same dated February 18, 2013; and • Hy -Vee Gas #3, Flammang Dr., Waterloo—Acknowledgment/Settlement Agreement for a First Violation and Order Accepting same dated February 18, 2013. Should you have any questions, please feel free to contact our office at any time. Thank you for your assistance. Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwaterlooiowa.cam WE'RE WORKING FOR YOU! An Equal Uppord nayiieTurnaEivv :,ti:,;' uiv.wi+ Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR, City Attorney • DAVID R ZELLHOEFFK, Assistant City Attorney February 20, 2013 Metro 66 #1 3201 West Fourth Street Waterloo, Iowa 50701 Re: Civil Tobacco Penalties Dear Owner: Enclosed is the original of the Acknowledgement/Settlement Agreement for First Violation concerning Metro 66 #1 on West Fourth Street in Waterloo, Iowa, along with a copy of the signed Order Accepting the Acknowledgement/Settlement Agreement dated February 18, 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.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! n...w*rt4iI/frnMiivm A ,firm Fmotnver IN RE: METRO 66 #1 1 TNT A TTT l`I TTI TTT JGV1 VV.'-}lri J1J J1J,1 WATERLOO, IOWA, 50701 ACKNOWLEDGMENT/ SETTLEMENT AGTTTVTaT 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. NOTE: This must be signed by an individual cigarette peimittee, 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. BEFORE THE WATERLOO CITY COUNCIL IN RE: METRO 66 #1 ORDER ACCEPTING 3201 W. 4TH STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION ti On this day of rto , 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 saction will count as a First Violation of Iowa Code Section 453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Mayor Emest G. Clark ATTEST: Suzy Sch es, City Clerk METRO FUEL, INC. INVOICE DATE AMOUNT #1 CIG FINE 10/31/2012 300.00 • PAY TO THE ' ORDER OF METRO FUEL, INC. P.O. BOX 66 WATERLOO, IOWA 50704 (319) 236-0997 DISC. Fin Star sada asolamed* 01.1 I.; 33-54 730 CHECK NO. ��Q��� ��u�� NET 300.00 C� 1 Q �� � o � � c_ u ************************************-THREE HUNDRED DOLLARS & 00 CENTS CITY CLERK/ACCTS RECEIVABLE CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 DATE 2/O6/2O13 AMOUNT ******300.00 METRO FUE , INC. ipiO�108260 n:073000545«: a7O83OO?at /2?0 ED SIGNATURE BEFORE THE WATERLOO CITY COUNCIL IN RE: METRO 66 #1 ORDER ACCEPTING 3201 W. 4TH STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT FIRST VIOLATION On this `() , day of ,/ U (1 , 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 saction will count as a First Violation of Iowa Code Section 453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Mayor Ernest G. Clark ATTEST: uzy Sch.res, ity Clerk