137.12 PAYMENTS THROUGH USE OF A FINANCIAL TRANSACTION DEVICE.
   (a)   The City Finance Director is authorized to accept payments related to taxes, fines, fees and/or other types of monetary obligations from individuals and/or entities by use of a financial transaction device.
   (b)   For the purpose of this section, the words of this subsection (b) shall have the following meaning:
      (1)   “Financial transaction device” includes a credit card, debit card, charge card, or prepaid or stored value card or automated clearinghouse network card, debit or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone-initiated applications.
      (2)   “City expenses” includes fees, costs, taxes, assessments, fines, penalties, payments or any other expense a person or entity owes to a City office.
   (c)   The Finance Director may have paid all City expenses through the use of the financial transaction device.
   (d)   The Finance Director shall determine which financial transaction device will be utilized, which may include all devices defined as such in subsection (b) hereof.
   (e)   If a person elects to make a payment to the City by a financial transaction device and a surcharge or convenience fee is imposed, the payment of the surcharge or fee shall be considered voluntary and the surcharge or fee is not refundable.
(Ord. 010-07. Passed 2-17-07.)
   (f)   A surcharge or convenience fee that may be imposed upon a person making payment by a financial transaction device shall be as follows:
   Three percent (3%) of the total amount of the transaction made to the City’s Income Tax Department.
   Six dollars ($6.00) per each payment transaction made to the City’s Utility Department.
   Three dollars ($3.00) per each transaction made to the City’s Parks and Recreation Department.
(Ord. 021-07. Passed 3-19-07.)
   (g)   The surcharge or convenience fee as found in subsection (f) hereof shall not be imposed unless authorized or otherwise permitted by the rules prescribed by an agreement governing the use and acceptance of the financial transaction device.
   (h)   If a surcharge or convenience fee is imposed, every City office accepting payment by a financial transaction device, regardless of whether that office is subject to a resolution or ordinance adopted by City Council, shall clearly post a notice in that office and shall notify each person making a payment by such a device about the surcharge or fee. Notice to each person making a payment shall be provided regardless of the medium used to make the payment and in a manner appropriate to that medium. Each notice shall include all of the following:
      (1)   A statement that there is a surcharge or convenience fee for using a financial transaction device;
      (2)   The total amount of the charge or fee expressed in dollars and cents for each transaction, or the rate of the charge or fee expressed as a percentage of the total amount of the transaction, whichever is applicable;
      (3)   A clear statement that the surcharge or convenience fee is nonrefundable.
   (i)   Uniform application of surcharges or convenience fee among different types of City expenses is not required; however, any charges shall not take effect until approved by Council.
   (j)   If a person makes payment by financial transaction device and the payment is returned or dishonored for any reason, the person is liable to the City for payment of a penalty over and above the amount of the expense due. A penalty fee for returned or dishonored transactions shall be as follows:
   Four dollars ($4.00) as a returned transaction fee for each return transaction.
   The remedies and procedures provided in this section are in addition to any other available civil or criminal remedies provided by law.
   
   (k)   No person making any payment by financial transaction device to the City or its departments shall be relieved from liability for the underlying obligation except to the extent that the City realizes final payment of the underlying obligation in cash or its equivalent. If final payment is not made by the financial transaction device issuer or other guarantor of payment in the transaction, the underlying obligation shall survive and the City shall retain all remedies for enforcement that would have applied if the transaction had not occurred.
   (l)   To the extent permitted by law, a City elected or appointed official or employee who accepts a financial transaction device payment in accordance with this section and any applicable state or local policies or rules is immune from personal liability for the final collection of such payments.
(Ord. 010-07. Passed 2-17-07.)