133.05 PROCESSING FEE ON ALL PAYMENTS MADE BY USE OF A CREDIT CARD.
   (a)   As used in this section the term "credit card" means a credit card or debit card, or similar acceptable devise used to make purchases on credit, debit, or to borrow money (hereinafter "Credit Card");
   (b)   Acceptable means of payment by Credit Card, as defined in subsection (a) hereof, shall always be processed as a Credit Card;
   (c)   Depending on rates charged by the Credit Card companies or banks, duly authorized agents of the Waverly Water Department may accept payment by Credit Card that shall include a nonrefundable processing fee between 1.5% and 4% of the total amount paid by Credit Card to be due and payable at the time of the payment;
   (d)   Duly authorized agents of the Waverly Mayor's Court may accept payment by Credit Card for payment of credit of fines, bonds, fees, costs, and other similar charges assessed by the Mayor's Court that shall include a nonrefundable processing fee per each transaction of $0.50 or a 3%, whichever is greater, of the total amount paid by credit card to be due and payable at the time of the payment;
   (e)   No person making any payment by Credit Card to a Village of Waverly entity shall be relieved from liability for the underlying obligation except to the extent that the Village entity realizes final payment of the underlying obligation in cash or its equivalent, provided, however, if final payment is not made by the Credit Card issuer or other guarantor of payment in the transaction, then the underlying obligation shall survive and the Village entities shall retain all remedies for enforcement that would have applied if
the transaction had not occurred;
   (f)   The remedies and procedures provided in this section are in addition to any other available civil or Criminal remedies provided by law;
   (g)   A Village of Waverly official or employee who accepts or otherwise mandates a Credit Card payment in accordance with this Chapter, court order, or Ohio law shall be immune from personal liability and shall be entitled to defense by the Village;
(Res. 10-2018. Passed 3-6-18.)