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O-3031-9-11ORDINANCE NO. 3031-9-11 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 2-10, AUTHORIZING CREDIT CARD AND DEBIT CARD USE FOR PAYMENT OF FEES, FINES, COURT COSTS, COLLECTED BY THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 137 of the Texas Local Government Code, allows City Council to authorize municipal officials who collect fees, fines, court costs, or other charges to collect a fee for processing the payment by credit card and debit card and for access to information through the internet. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Section 2-10 of the Code of Ordinances of the City of Allen, Texas, be amended to read as follows: "Sec. 2-10. Credit card and debit card use authorized for payment of fees, fines, court costs, etc. (a) The municipal court clerk and any other municipal officer collecting fees, fines, court costs and other charges for the municipal court or other services for the City are hereby authorized to accept payment ' by credit card or debit card of any fee, fine, court cost, or other charge and to collect a fee for processing the payment by credit card or debit card. (b) The processing fee will be in an amount equal to three percent (3%) of the amount of the fee, fine, court cost and other charges being paid. The municipal officer collecting the processing fee shall deposit the fee in the General Fund of the City. (c) If payment by credit card or debit card is not honored for any reason by the credit card company by which the funds are drawn, a service charge from the person owing the fee, fine, court cost or other charge will be imposed. The service charge is in addition to the original fee, fine, court cost, or other charge and is for the collection of the original amount. The amount of the service charge shall be in the same amount as the fee charged by the City for the collection of a check drawn on an account with insufficient funds. The municipal officer collecting a service charge shall deposit a service charge in the General Fund of the City. (d) An administrative fee established by Resolution of the City Council shall apply for providing access, collecting payments, or providing services through the internet." SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repeated; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance ' or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the ' former law is continued in effect for this purpose. _ SECTIONS. This Ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 27m DAY OF SEPTEMBER, 2011. APPROVED: '" r, ry Stephenrrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, aTY ATTORNEY Shelley B. Georg , C, CITY PtWRETARY Ordinance No. 3031-9-11, Page 2