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Home My WebLink AboutHy-Vee Gas #3-2/18/2013Mayor BUCK 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 M -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY ATTOIR NIEY 8 OFFIICE 715 Mulberry St. • Waterloo, IA b0703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney . DAVID R. ZELLHOEFER, 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: e Metro 66 - #1, Waterloo, Iowa—Acknowledgment/Settlement Agreement for a 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.com WE'RE WORKING FOR YOU! An Equal uppoedlttayifvru iiw k.tkrri ,TQ • ;;:' BEFORE THE WATERLOO CITY COUNCIL IN RE: HY-VEE GAS #3 ORDER ACCEPTING 1512 FLAMMANG DRIVE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50702 AGREEMENT—FIRST VIOLATION On this a day of e�'� ��Gl 1 � , 2013, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached AcknowledgmentlSettlement 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: as Suzy Schates, City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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 CITY OF W RL CI, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. - Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4671 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOJ FER, Assistant City Attorney February 20, 2013 Mr. Mic Jurgens Assistant General Counsel Hy -Vee, Inc. 5820 Westown Pkwy West Des Moines, iowa 50266 Re: Civil Tobacco Penalties Dear Mr. Jurgens: Enclosed is the original of the Acknowledgement/Settlement Agreement for First Violation concerning Hy -Vee Gas #3 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! Ms) 'Equal nya:.,-, r.:17.74.7,1"..7 IN RE: HY-VFF GAS 41 1512 FLAMMANG DRIVE WATERLOO, IOWA 50702 A C.KNOWT ,FDCTMF,NT/ SETTLEMENT AGREEMENT 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 §4.53A.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. Hy -Vee, Inc. d/b/a Hy -Vee Gas #3, teroo,\ Iowa Steen Meyer, Executive Vice President Date: tCal, rub �r . cZ5l� 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. Hy—Vee, Inc. 5820 Westown Parkway West Des Moines, IA 1 50266 (515) 267-2800 PAY Three Hundred and NO/100 Dollars TO THE CITY OF WATERLOO ORDER OF: CITY CLERKS OFFICE 715 MULBERRY STREET WATERLOO, IA 50703 VENDOR NUMBER: 012714-00 PAYABLE TYPE: EXPENSE CHECK DATE: 02/08/13 VOID 90 DAYS AFTER ISSUE DATE CHECK NUMBER 1362237 Wella Fargo Bank, N.A. 115 Hoephal Drive Van Wen, OH 45691 56-381/411 $*********300.00 TREASURER 11' 136 2 23711' o:04 L 20313 241: 960009966 211' BEFORE THE WATERLOO CITY COUNCIL TN RE: HY-VEE GAS #3 ORDER ACCEPTING 1512 FLAMMANG DRIVE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50702 AGREEMENT—FIRST VIOLATION On this 1L(I-) day of Fi43 Y&Jn4 , 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 Schares, City rnest G. Clark, Mayor