HomeMy WebLinkAboutORD1395ORDINANCE NO. 1395
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
O F APACHE JUNCTION,ARIZONA,AMENDING THE APACHE
JUNCTION CITY CODE,VOLUME I,CHAPTER 4 FEES,BY
ADDING A NEW ARTICLE 4-2 RETURNED PAYMENT FEES;
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS,Arizona Revised Statutes § 44-6852 allows for the
collection of a service fee plus actual charges assessed by the
financial institution of the holder,payee or assignee of the
holder or payee, resulting from a dishonored check; and
WHEREAS,modern technology provides for the use of other
forms of electronic payments including debit cards,credit
cards,automated clearing house ("ACH")transactions and other
acceptable forms of electronic payments; and
WHEREAS,the City of Apache Junction experiences a
measurable number of returned a s dishonored o r refused
transactions each year; and
WHEREAS,under present city codes,the City of Apache
Junction cannot assess returned payment fees for payments
returned by financial institutions; and
WHEREAS,for accountability and budgetary efficiency,it is
necessary to adopt a returned payment fee applied to persons who
cause items to be returned to the City of Apache Junction by
financial institutions for non-payment.
NOW,THEREFORE,B E I T ORDAINED B Y THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code,Volume I,Chapter 4 Fees be
amended by adding a new Article 4-2 Returned Payment Fees,to
read as follows:
ORDINANCE NO. 1395
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Article 4-2 Returned Payment Fees
A. Whenever the city is paid any fees authorized or required
by this code,o r for any services o r commodities in the
form of a check,debit card,credit card,automated
clearing house ("ACH")transaction or other acceptable form
of electronic payment and the financial institution refuses
payment of the amount,a fee as outlined in Arizona Revised
Statutes §44-6852 plus any directly related costs,
including but not limited to postage and special postal
handling charges,shall be charged to the maker for each
check,debit card,credit card,ACH o r other acceptable
form of electronic payment that is refused.
B. Any debt to the city for which a check,debit card,credit
card,ACH o r other form of electronic payment has been
tendered and returned by any financial institution,shall
be satisfied by payment in full of the amount,including
the returned payment fee,a s outlined in Arizona Revised
Statutes §44-6852,plus any directly related costs
including but not limited to postage and special postal
handling charges.Payments shall only be accepted in the
form of cash, cashier's check or money order.
C. The city may use any legal means to collect amounts owed to
it including returned payment fees.The city's legal
remedies shall include,but are not limited to,the filing
of a legal action in a court of competent jurisdiction.
Should a legal action be filed,recovery may include the
city's reasonable attorney's fees and court costs.
D. The city may waive any additional fee pursuant to this
section in a situation in which the payment was dishonored
for reasons beyond the maker's control.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION III:PROVIDING FOR SEVERABILITY
If any section,sub -section,sentence, phrase,clause or portion
of this ordinance,o r any part of the code adopted herein by
reference,is for any reason held t o b e invalid o r
unconstitutional b y the decision of any court of competent
ORDINANCE NO. 1395
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jurisdiction,such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV:DECLARING AN EMERGENCY
The immediate operation of the provision of this ordinance is
necessary for the immediate preservation of the public peace,
health or safety,and that an emergency is hereby declared to
exist; and this ordinance shall be in full force and effect from
and after its passage,adoption and approval by the Mayor and
City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF NOVEMBER
2013.
SIGNED AND ATTESTED TO THIS 19TH DAY OF NOVEMBER , 2013.
6,---451)L1114-00a_247-12
n S. Insalaco
L-ifayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
10-20 - 13
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1395
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