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Home My Public Portal AboutResolutions-2009-01RESOLUTION 2009-01 RESOLUTION FOR FINAL ACCEPTANCE OF 2008 WATERMAIN EXTENSION PHASE ONE, TIFFIN, IOWA WHEREAS, on January 20, 2009, the Project Engineer states that project construction was completed in general accordance with the approved plans and specifications on file with the City of Tiffin, Iowa and placed into operation and recommends final payment be made to the Contractor, Bockenstedt Excavating. THEREFORE, BE IT RESOLVED, By the City of Tiffin, Iowa that the 2008 VWatermain Extension Phase One Project is complete and acceptance to the City and final payment be made to the Contractor, Bockenstedt Excavating. MOTION by Councilperson Jim Bartels seconded by Councilperson Mike Gericke To adopt and approve Resolution 2009-01. PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY 2009. AYES: Chris Ball, Jim Bartels, Mike Gericke, Mark Petersen NAYES: None ABSENT: John Wright SIGNED: . A) Ro P i s, ay r f Tiffin, I a r ATTEST BY: Ruth Demuth, City Clerk of Tiffin, Iowa Prepared by: R. Scott Finlayson, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. -2 C 0 9 —0 -2-- RESOLUTION RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEPOT WHEREAS; on December 10, 2008, an employee of The Depot, 221 West Marengo Road, Tiffin, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, The Depot was operating under a retail cigarette permit issued by the City of Tiffin; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty , day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Depot and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the second such violation of an employee of The Depot within a two-year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIFFIN CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against The Depot, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Q PASSED AND APPROVED: r Mao, t of TifYQn IJ ATTEST. City lerk, City of Tiffin Prepared by: R. Scott Finlayson, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. o7 O O 9 —O Z RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEPOT WHEREAS, on December 10, 2008, an employee of The Depot, 221 West Marengo Road, Tiffin, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and 0 WHEREAS, at the time of this violation, The Depot was operating under a retail cigarette permit issued by the City of Tiffin; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two-year period; and , WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Depot and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the second such violation of an employee of The Depot within a two-year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIFFIN CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against The Depot, at its option. BE IT FURTHER RESOLVED, thdsaid retail cigarette permitee has twenty (20) days from the date of this Resolution to choose its5civil penalty by either paying the $1500.00 civil penalty in full to,the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: 3^- �, 2 -0 or, of Ti m ATTEST. City elerk, City of Tiffin n CR7iffi EHEART March 12, `2009 Scott Finlayson Johnson County Attorney's Office P.O. Box 2450 Iowa City, IA. 52244' RE: THE DEPOT CIGARETTE FINE City of Tiffin phone: 319.545.2572 P.O. Box 259 fax: 319.545.4147 Tiffin, Iowa 52340 e-mail: tiff in@avalon.net' Dear Scott, Enclosed is the signed Resolution 2009-02 approved by the City Council and signed by Mayor Royce Phillips regarding the Cigarette Fine on The Depot Tiffin. Also included is a copy of the check for $1500.00 from The Depot Tiffin for the payment of the civil penalty. Please contact me if you need any additional information regarding this matter. Cordially, City of Tiffin Ruth Demuth, City Clerk Enclosures: - t n CR7iffi EHEART March 12, 2009 Mr. Tom Scheetz The Depot Tiffin P.O. Box 356 Oxford, Ia. 52322 RE: THE TIFFIN DEPOT CIGARETTE FINE City of Tiffin phone: 319.545.2572 P.O. Box 259 fax: 319.545.4147 Tiffin, Iowa 52340 e-mail: tiff in@avalon.net Dear Tom, Enclosed is the copy of the Resolution No. 2009-02 regarding the payment for the cigarette fine. A letter has been forwarded to the Johnson County Attorney's Office informing them of receipt of your payment. Please contact me at 545-2572 if you need any additional information on this matter. Cordially, City of Tiffin Ruth Demuth, City Clerk Enclosures: 0 0 3 3 The Depot Tiffin, LLC www.tNedepotcstores.com 2368 PO Box 356 ��//}} Oxford, IA 52322 '� 20(L� 72-1375/739 319-545-9515 PAY TO THE ORDER OF DOLLARS Hills Bank & Trust Company 131 Main St. Hills, IA 52235 FOR /P313 '1:0739�3755i: 222 702 30 2 ffiOF n CROSSROADSE HEARTLAND. March 12, 2009 Scott Finlayson Johnson County Attorney's Office P.O. Box 2450 Iowa City, IA. 52244 RE: THE DEPOT CIGARETTE FINE Dear Scott, City of Tiffin P.O. Box 259 Tiffin, Iowa 52340 phone: 319.545.2572 fax: 319.545.4147 e-mail: tiffin@avalon.net Enclosed is the signed Resolution 2009-02 approved by the City Council and signed by Mayor Royce Phillips regarding the Cigarette Fine on The Depot Tiffin. Also included is a copy of the check for $1500.00 from The Depot Tiffin for the payment of the civil penalty. Please contact me if you need any additional information regarding this matter. Cordially, City of Tiffin Ruth Demuth, City Clerk Enclosures: 3 The DepotTiffin, LLC wwi .Ahedepotcstores.com PO Box 356 Oxford, IA 52322 — 204 319-545-9515 PAY TO THE ORDER OF - !/ DOLLARS A Hills Bank & Trust Company 131 Mein St. Hills, IA 52235 ` FOR /1�313/ nm 1:0739137551: 222 702 3V 2 Prepared by: R. Scott Finlayson, Assistant County Attorney, P.O. Box 2450, Iowa City, IA52244, 319.339.6100 RESOLUTION NO. oZ O 0 9 --0 Z RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEPOT WHEREAS, on December 10, 2008, an employee of The Depot, 221 West Marengo Road, Tiffin, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, The Depot was operating under a retail cigarette permit issued by the City of Tiffin; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § -453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Depot and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the second such violation of an employee of The Depot within a two-year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIFFIN CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against The Depot, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: 3 -1,,? -o) I. ( " (.00. Y7 i of i i , or, C ATTE4CiCleffk, City of Tiffin