HomeMy Public PortalAboutResolutions-2007-25Resolution No. 2007-25'
RESOLUTION AUTHORIZING THE CITY OF TIFFIN, IOWA TO APPLY FOR
A LOW INTEREST PLANNING AND DESIGN .LOAN. FROM .THE IDNR
DRINKING WATER STATE REVOLVING FUND PROGRAM FOR WATER
SYSTEM IMPROVEMENTS.
'WHEREAS, the City Council of Tiffin, Iowa, desires to apply for and enter into a
Loan Agreement if granted, with the State Rcvolv'U19 Fund Program for the Planning and
Designing of a new Elevated Water Storage Facility (Water Tower); ..
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NOW, THEREFORE, IT IS_RESOLVED SY THE COUNCIL OF TIFFIN,
IOWA, AS FOLLOWS: ° r
1•. That on or before May 9, 2007, the City of Tiffin, Iowa, shall apply to the Iowa
Department of Natural Resources Drinking Water State Revolving Fund Program
for a low interest planning and design loan to complete the design of an Elevated
Water Storage Facility.
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2. That all resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed to the extent of such conflict.
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Passed and'approved on the 9th day of May - ; 2007.
Glenn Potter, Mayor r
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ATTEST:
Mar * tet
eihznan, Ci Clerk `
Ayes: Bartels, Demuth, Dils and Petersen
Nays:
None. Absent: Wright
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Prepared by: Andrew Chappell, Assistant County Attorney, Pb. Box 2450; Iowa City, IA 52244, 319.339.6100 -
RESOLUTION NO. ' 2007-28
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST SUBURBAN BP '
AMOCO
WHEREAS, on February 27, 2007, an employee of Suburban BP Amoco, 403 N. Stephans Street,
Tiffin,"Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of the violation this establishment was operating under a retail cigarette
permit issued by the City of Tiffin; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment that holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted
of or pleading "guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice;
and
WHEREAS, a hearing was held on this date by the Tiffin City Council to determine whether to
assess the civil penalty against Suburban BP Amoco and at said hearing the Tiffin City Council
heard the facts of the violation and the arguments of the permitee; and
WHEREAS, this violation is the first such violation of an employee of Suburban BP Amoco -
within a two-year period to be considered by the Tiffin City Council under Iowa Code § '
453A.22(2).
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NOW, THEREFORE, BE IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City
Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil
penalty in the amount of $300.00 against Suburban BP Amoco.
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BE IT FURTHER RESOLVED,,that said retail cigarette permitee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permitee shall automatically be suspended for a period of
fourteen (14) days, in addition to the civil penalty.
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: May 9, 2007
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Mayor, City of Tiffin
ATTEST:
City perE, , ity of tiri
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Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 2007-29
k RESOLUTION ACCEPTING WAIVER OF'RIGHT TO HEARING AND PAYMENT
OF $300.00 CIVIL PENALTY
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WHEREAS, on February 27, 2007, an employee of Suburban BP Amoco, 403 N. Stephans Street,
Tiffin, Iowa, violated Iowa Code §'453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of the violation this establishment was operating under a retail cigarette E
permit issued by the City of Tiffin; and
WHEREAS, this was the first violation of Section 453A.2(1) by one of this business's employees
or agents within a two-year period; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), after a hearing and proper notice an
establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00
the first time its employee violates Iowa Code § 453A.2(1); and -
WHEREAS, on or about May 9 , 2007, Suburban BP Amoco waived its
right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its
employee's violation of Iowa Code § 453A.2(1), by paying the $300.00 civil penalty; and
.NOW;' THEREFORE, BE IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City
Council should accept the waiver of right to hearing and payment of $300.00 civil penalty from E
Suburban BP Amoco.
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:May 9, 2007
Mayor, City of Tiffin
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ATTEST:
City leek, ity ofin