(A) Election to accept credit card payments. The village hereby elects to accept credit card payments to satisfy those types of monetary obligations set forth in Exhibit A to Ord. No. 2547-98, passed 3-4-98, a copy of which is attached hereto, and by reference, fully incorporated herein.
(B) Authorization to negotiate. The Village President, or such other person as he may designate, is hereby authorized and empowered to conduct negotiations with one or more financial institutions or other entities providing credit card acceptance or processing services for the purpose of entering into one or more agreements to enable the village to accept credit card payments in satisfaction of the obligations set forth in Exhibit A, as attached to Ord. No. 2547-98, provided, however, that no such agreement shall be effective or in any way bind the village until such time as the Village President and Board of Trustees duly and lawfully ordain or resolve to authorize the entry into and execution of such agreement or agreements.
(C) Required contents of service agreements. Any agreement entered into between and executed by the village and any financial institution or other provider of credit card acceptance or processing services shall, at a minimum, specifically identify the credit card acceptance or processing services to be provided thereunder, itemize all fees to be charged to the village or any person or entity making payment to the village with a credit card, specifically identify the means by which any such fees are to be paid, and expressly provide that the terms and conditions of and all performance under such agreement are subject to the provisions of the Local Governmental Acceptance of Credit Cards Act, ILCS Ch. 50, Act 345, § 1 et. seq. and all other applicable laws and statutes of the State of Illinois.
(D) Permitted contents of service agreements. Any agreement entered into between and executed by the village and any financial institution or other provider of credit card acceptance or processing services may contain terms or provisions which establish processing fees to be charged to the village by the financial institution or other provider of credit card acceptance or processing services, discounts to be taken by the financial institution or other provider of credit card acceptance or processing services from credit card payments to be remitted to the village to the extent that such discounts serve as compensation to the financial institution or other provider of credit card acceptance or processing services in question for rendering credit card acceptance or processing services, subject to Section 25 of the Local Governmental Acceptance of Credit Cards Act, ILCS Ch. 50, Act 345, § 1 et. seq., convenience fees or surcharges to be charged by the village to persons or entities making credit card payments to the village to the extent that such convenience fees or surcharges serve to offset any reduction in revenue to the village caused by the imposition of any fee or the taking of any discount by any financial institution or other provider of credit card acceptance or processing services.
(E) Commencement of acceptance of credit card payments. Notwithstanding the election made in division (A) above or any other term or provision of this section, the village shall in no way be obligated to accept any credit card payment from any person or entity with respect to the types of obligations set forth in Exhibit A, as attached to Ord. No. 2547-98, or any other obligations unless and until the village enters into and executes an agreement with a financial institution or other credit card service provider which conforms to the requirements of this section and the Local Governmental Acceptance of Credit Cards Act, ILCS Ch. 50, Act 345, § 1 et. seq.
(Ord. 2547-98, passed 3-4-98)