(A) The City Council may authorize city officials to accept credit cards, charge cards or debit cards, whether presented in person or electronically or electronic funds transfers as a method of cash payment of any tax, levy, excise, duty, custom, toll, interest, penalty, fine, license, fee or assessment of whatever kind or nature, whether general or special, as provided by Neb. RS 77-1702.
(B) The total amount of the taxes, levies, excises, duties, customs, tolls, interest, penalties, fines, licenses, fees or assessments of whatever kind or nature, whether general or special, paid for by credit card, charge card, debit card or electronic funds transfer shall be collected by the city official.
(C) With respect to a facility which it operates in a proprietary capacity, the City Council may choose to accept credit cards, charge cards or debit cards, whether presented in person or electronically or electronic funds transfers as a means of cash payment and may adjust the price for services to reflect the handling and payment costs.
(D) The city official shall obtain, for each transaction, authorization for use of any credit card, charge card or debit card used pursuant to this section from the financial institution, vending service company, credit card or charge card company or third-party merchant bank providing the service.
(E) The City Council may choose to participate in the state contract for the payment services. If the City Council chooses not to participate in the state contract, it may choose types of credit cards, charge cards and debit cards and may negotiate and contract independently or collectively as a governmental entity with one or more financial institutions, vending service companies, credit card, charge card or debit card companies or third-party merchant banks for the provision of the services.
(F) When authorizing acceptance of credit card or charge card payments, the City Council shall be authorized but not required to impose a surcharge or convenience fee upon the person making a payment by credit card or charge card so as to wholly or partially offset the amount of any discount or administrative fees charged to the city, but the surcharge or convenience fee shall not exceed the surcharge or convenience fee imposed by the credit card or charge card companies or third-party merchant banks which have contracted with the state or under division (E) of this section. The surcharge or convenience fee shall be applied only when allowed by the operating rules and regulations of the credit card or charge card involved or when authorized in writing by the credit card or charge card company involved. When a person elects to make a payment to the city by credit card or charge card and such a surcharge or convenience fee is imposed, the payment of the surcharge or convenience fee shall be deemed voluntary by the person and shall be in no case refundable. If a payment is made electronically by credit card, charge card, debit card or electronic funds transfer as part of a system for providing or retrieving information electronically, the city official shall be authorized but not required to impose an additional surcharge or convenience fee upon the person making a payment.
(G) For purposes of this section, electronic funds transfer means the movement of funds by nonpaper means, usually through a payment system, including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fedwire system.
(Prior Code, § 1-825) (Ord. 4-03, passed 4-14-2003)
Statutory reference:
Related provisions, see Neb. RS 13-609