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HomeMy WebLinkAbout2007-020 - Establishing a Per Use Electronic Funds Transfer Fee 155:1/30/07 RESOLUTION NO. 2007-020 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA ESTABLISHING A PER USE ELECTRONIC FUNDS TRANSFER FEE, AND RENAMING THE RETURNED CHECK FEE A RETURN PAYMENT FEE BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. The City Council wishes to institute a program through which City residents may receive and pay their utility bills on-line. Said program shall hereinafter be referred to as "Electronic Bill Pay". B. The City will incur costs for providing Electronic Bill Pay, including bill printing and additional staff requirements. The costs of the program are set forth in "Electronic Bill Pay" Resource Sheet, on file in the Finance Agency, and incorporated herein by reference. C. A transaction fee will be imposed for each credit card or electronic funds transfer processed. D. The City currently imposes a "Return Check Charge" of $25 for each check issued to the City and not honored by the bank on which it is drawn. The Council finds that this charge should be imposed for other forms of payment not honored by the institution on which funds are drawn. E. The Council finds, determines and declares that this transaction fee does not exceed the City's reasonable cost to provide the Electronic Bill Pay service, process the specified payments or administer the Electronic Bill Pay program. F. A public hearing was held on February 20, 2007. Based upon the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. G. The City Council incorporates herein, as though fully set forth, the Request for Council Action accompanying this resolution and all background information and studies presented to the City Council at the February 20, 2007 meeting. Section 2: The City Council hereby increases and establishes the following fees in relation to Electronic Bill Pay: Resolution 2007-020 Page 1 of 3 A. A transaction fee of $1.25 is imposed on each electronic funds transfer processed through the City. B. A transaction fee of $3.15 is imposed on each credit card transaction processed through the City. C. A Return Payment Fee of $25.00 shall be imposed for any check, credit card payment or electronic funds transfer which has been processed by the City and is not completed for any reason. E. The City shall commence collecting these fees, charges and surcharges on March 1, 2007 or as soon thereafter as is practicable in the opinion of the Executive Director of Finance. Section 3: Without further action of the City Council the above referenced fees shall be incorporated into the City's Miscellaneous Fee Schedule. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall take effect upon approval of Ordinance No. NS. and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Should said Ordinance not be adopted, or should said Ordinance not become effective, this Resolution shall be deemed null and void and of no further effect. ADOPTED this 20th day of February. 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: I , .., ' Laura Sheedy Assistant City Attorney Resolution 2007.020 Page 2 of 3 AYES Council members Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinaiero (7) NOES: Councilmembers None (0) ABSTAIN: Council members None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-020 to be the original resolution adopted by the City Council of the City of Santa Ana on Februarv 20,2007. / / Date: ':j</Z- '/ I -:). . ~t:<:-<.,<._<<- ", Patricia E. Healy Clerk of the Council City of Santa Ana Resolution 2007-020 Page 3 of 3