HomeMy WebLinkAboutO-2013-3485 accept credit card payments/fees, fines, court costs and other chargesORDINANCE NO. 2013- % 4
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE
BY AUTHORIZING THE CITY OF LA PORTE TO ACCEPT CREDIT CARD PAYMENTS FOR
PAYMENTS OF FEES, FINES, COURT COSTS AND OTIIER CHARGES, AND AUTIIORIZING
THE COLLECTION OF CONVENIENCE FEES AND SERVICES CIIARGES, AS ALLOWED
BY CHAPTER 132 OF THE TEXAS LOCAL GOVERNMENT CODE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Council of the City of La Porte, 'Texas seeks to facilitate prompt and efficient
payments by citizens of obligations owed to the City, including but not limited to fees, fines, court costs,
and other charges; and
WHEREAS, the City Council finds that the acceptance by the City of payments rendered in the form of
charges to credit cards increases the administrative efficiency and provides a convenient method of
payment for the public; and
WHEREAS, the City Council has determined that the use of credit cards is a widely accepted and
prudent means of effectuating payment; and
WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority
to adopt an ordinance or police regulation that is for the good government, peace or order of the City and
is necessary or proper for carrying out a power granted by law to the City; and
WHEREAS, pursuant to Chapter 132 of the Texas Local Government Code, the City has the authority
to accept payments by credit card of fees, fines, court costs, and other charges; collect a Processing Fee
for processing a payment by credit card; and collect a Service Charge if a charge is not honored by the
credit card company; and
WHEREAS, the City Council that it is necessary and proper for the good government, peace or order of
the City of La Porte to adopt an ordinance authorizing payments by credit card and regulating the
acceptance of credit card payments by the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section I. That the City Council of the City of La Porte, 'Texas, hereby finds that the
above -referenced recitals we true and correct.
Section 2. That Chapter 2 "Administration", Article III. "Finance", Division 1. "Generally", of the
Code of Ordinances of the City of La Porte is hereby amended by adding new Section 2-61 "Credit cud
payments authorized", Section 2-62 "Convenience fee", and Section 2-63 "Service Charge", which sections
shall read as follows:
"Sec 2-61. — Credit card payments authorized.
The City is hereby authorized to accept payment by credit card of any fee, fine, court cost, or
other charges imposed or collected by the City.
Sec. 2-62. — Processing Fee.
(a) The City may assess and collect a Processing Fee in an amount that is reasonably related to
the expense incurred by the City in processing payments by credit card, but in no case shall
the Processing Fee hereby authorized exceed an amount equal to five percent (5%) of the
amount of the fee, fine, court costs or other charge being paid.
(b) When a Processing Fee is collected the amount of the Processing Fee shall be in an amount
established in Appendix —A "Fees" of the Code of Ordinances.
Sec. 2-63. — Service Charge.
(a) The City shall assess and collect a Service Charge if for any reason a payment by credit card
is not honored by the credit card company on which the funds are drawn.
(b) The Service Charge imposed by this section shall be in addition to the original fee, fine, court
cost or other charge and the Processing Fee.
(c) The amount of the Service Charge shall be the same as that charged for the collection of a
check drawn oil an account with insufficient funds.
(d) The amount of the Service Charge shall be in an amount established in Appendix —A "Fees'
of the Code of Ordinances."
Section 3. That Appendix -A "Fees" of the Code of Ordinances of the City of La Porte is hereby
amended by adding new Chapter 2 "Administration', which sections shall read -as follows:
Chapter 2. Administration I
III. Finance
(a) I Credit Card payments
Processing Fee 13% of payment
Service Charge
Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision hereof shall
be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion,
or any part thereof, but the valid portion shall be in force just as if it had been passed alone.
Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 6. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City IIall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be in effect immediately upon its passage and approval.
PASSED AND APPROVED, this 24th day of June, 2013.
CITY F TE
By:
L uis . Rigby, U
or
A 'ST:
C2
Patrice Fogarty
City Secretary
APPROVED,
Clark T. Askins
Assistant City Attorney