Ord 51-98
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ORDINANCE NO. 51-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39,
"RETURNED CHECK SERVICE CHARGE" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 39.01, "SERVICE CHARGE FOR RETURNED
CHECKS" , TO SET THE FEE FOR RETURNED CHECKS AT
TWENTY DOLLARS OR FIVE PERCENT OF THE FACE VALUE OF
THE CHECK, WHICHEVER IS GREATER, AND TO PROVIDE FOR
DISCRETIONARY LANGUAGE ALLOWING FOR EXTENUATING
CIRCUMSTANCES TO BE CONSIDERED REGARDING RETURNED
CHECKS; REPEALING CHAPTER 50, "UTILITIES GENERALLY;
PUBLIC SERVICE TAX", SECTION 50.02, "SERVICE CHARGE
FOR RETURNED CHECKS ON UTILITY BILL FOR WATER AND
SEWER SERVI CE" , AND CHAPTER 51, "GARBAGE AND
TRASH" , SECTION 51. 76, "COLLECTION CHARGE FOR
RETURNED CHECKS" , AS BEING UNNECESSARILY
DUPLICATIVE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 166.251, Florida Statutes, provides that a
municipali ty may adopt a service fee of twenty dollars ($20.00) or
five percent (5% ) of the face amount of the check, draft or order,
whichever is greater, for the collection of a dishonored check, draft
or other order for the payment of money to a municipal official or
agency; and
WHEREAS, the City Commission has determined that additional
flexibility is required to account for extenuating circumstances
regarding returned checks; and
WHEREAS, Section 50.02, "Service Charge for Returned Checks
on Utility Bill for Water and Sewer Service" , and Section 51.76,
"Collection Charge for Returned Checks" , are unnecessarily
duplicative of Section 39.01, "Service Charge for Returned Checks".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration" , Chapter 39,
"Returned Check Service Charge", Section 39.01, "Service Charge for
Returned Checks", of the Code of Ordinances of the Ci ty of Delray
Beach, Florida, is hereby amended to read as follows:
,
,
Section 39.01 SERVICE CHARGE FOR RETURNED CHECKS.
In the event a check given to the City in payment of a
permi t, license, utility bill or any other type of bill, or any
miscellaneous receipt issued by the City, is not paid by the bank
on which it is drawn but instead is returned, the City shall
assess a service fee of twentv dollars (S20.00) or five percent (5%)
of the face amount of each check , draft or order so returned.
whichever is qreater. $~~ /~~fft.rf.~ /rf.'/l,:trß~ /f.¢t /~Ø-rf.'/l /rf.'/l~rf.~ /~¢ /t~tÝJ.tý!~¢
Ø-ý!¢ However. this fee may be waived at the City's discretion in the
event of a bank error or other similar circumstance outside the
customer I s control. If a service fee is imposed, this service fee
rf.'/lØ-trß~ shall be billed to the customer. The service fee shall be in
addition to all other penalties imposed by law.
Section 2. That Title V, "Public Works", Chapter 50,
"Utilities Generally; Public Service Tax", Section 50.02, "Service
Charge for Returned Checks on Utility Bill for Water and Sewer
Service", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed in its entirety.
Section 3. That Title V, "Public Works", Chapter 51,
"Garbage and Trash", Section 51.76, "Collection Charge for Returned
Checks", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed in its entirety.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section S. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of Ja~ ~1998'
f/ MA OR
A1Jl~~g J/r¿{~
- CitY~k
First Reading December 1, 1998
Second Reading January 5, 1999
- 2 - Ord. No. 51-98
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER #1
SUBJECT: AGENDA ITEM /0 (!. - REGULAR MEETING OF JANUARY 5 I 1999
ORDINANCE NO. 51-98 (RETURNED CHECK POLICIES)
DATE: DECEMBER 30 I 1998
This is second reading and a public hearing for Ordinance No.
51-98 which makes certain changes to the City's returned check
policies. Specifically, it amends Section 39,01, "Service Charge
for Returned Checks" , of the code to afford the City increased
flexibility in imposing returned check fees. The amount charged
for a returned check would be changed from a fee of $25.00 to a
fee of $20.00 or 5% of the face amount of the check, whichever is
greater, Flexibility is increased by a provision stating that the
fee may be waived at the City's discretion if circumstances
warrant, In addition, language is added stating that the service
fee is in addition to other penalties imposed by law.
Ordinance No. 51-98 also repeals Section 50.02, "Service Charge
for Returned Checks on Utility Bill for Water and Sewer Service" ,
and Section 51.76, "Collection Charge for Returned Checks" , as
being unnecessarily duplicative of Section 39.01.
At first reading on December 1 , 1998, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 51-98 on second and final
reading,
5/0
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ref:agmemo17
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[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090· FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRA Y BEACH
F lOR I D A
......
AII·America City MEMORANDUM
, ~ II I! DATE: November 23, 1998
1993 TO: City Commission
David T. Harden, City Manager
FROM: Jay T. Jambeck, Assistant City AttorneY)~
SUBJECT: Recommended Change in Returned Check olicies
Attached is a proposed ordinance making certain changes to the City's Returned Check
provisions that were requested by Finance (this is a second draft, reflecting changes suggested by
the City Manager). The ordinance should be placed on the agenda and would make the following
changes regarding the City's returned check policies:
1. Section 39,01, "Service Charge for Returned Checks" would be amended to afford
the City increased flexibility in imposing returned check fees. The amount charged
for a returned check would be changed from a fee of $25 to a fee of $20 or 5 % of
the face amount of the check, whichever is greater. Flexibility is increased by a
provision stating that the fee may be waived at the City's discretion if circumstances
warrant. In addition, language would be added stating that the service fee is in
addition to other penalties imposed by law.
2. Section 50.02, "Service Charge for Returned Checks on Utility Bill for Water and
Sewer Service" would be repealed in its entirety as being unnecessarily duplicative
of Section 39.01.
3. Section 51.76, "Collection Charge for Returned Checks" would be repealed in its
entirety as being unnecessarily duplicative of Section 39. ° 1.
Attachment IS{~
cc: Allison MacGregor Harty, City Clerk
Joseph M. Safford, Finance Director f~ 119S
Susan Ruby, City Attorney
Milena Walinski, Assistant Finance Director I 6,,0
Barbara Schooler, Utilities Customer Services Manager
Check-ord-Iet.j~
/ :;. .(! .
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te It ú/urn
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·.C Boca Raton News,Wednesday, December 23, 1998
'.. -
í CII'f__'_~
...._.-uc_
I A I'UIIUC tEARING wi! be MId on the
IaIOwIng -= ordinlnc:eS at 7:00
p,m. on if, January 5, 1_
t. ~ COIIIInIllllon Of SUCh meet-
wh' Is lit II!' the Corm1ission),
" the CI¥ CormiIIIon ChlnUrs,
100 N,W, 1. Avenue, ~ BadI,
IIorIda. at v.tIIct1 _ the C0n>-
I million wi! ~ 1liii, adoption,
, 'lilt topONd onIiAances may be
== at the 0IIí0e of the CIty CIeri<
: II HIlI, 100 N,W 1st Avenue, DeI-
lIlY 1!eId\, Rotiáa. _the hours
01 8:00 a.m, and 5:00 p,m" Monday
IvOUgh Frilly, ~hoIìdays All
-..-, )lilies are 10 -.,
and be hIIrd wiIt1 '--=' to !he pro-
,.., onIInancos,
.....-œ..., _
AN ORDINANCE OF TIE CrTY COM-
MISSION OF '!liE CrTY OF DElRAY
. BEACH. fLORID.\ AMENDING SEC-
, ì10N 4,8,16, "lANDSCAPE REGULA-
~ ì1ONS:, SUBSECTION 4,6,I6{A),
"PURPOSE', OF TIE lAND DEVEL-
t OPMEIlf REGULATIONS OF THE
CrTY OF DELAAY BEACH, TD PRD-
, VIDE fOR PROPER 1RE SELEC-
TION ADJACENT TO OR WITHIN
UTlLrTY EASEMENTS; AMENDING
\ SUBSec110N ua "SITE
. DeSIGN REQUIRE ", BY
~, ENACTING SUBPARAGRAPH
~~~~~w1fIf,r~ITY
EASEMENTS', TD PROVIDE FOR
RESTRICTIONS ON TREES PLANmJ
ADJACENT TO OR WITHIN UTILITY
EASEMENTS; PROVIDING A GENER-
AL ÆP£Al.ER ClAUSE, A SAVING
ClAUSf, AND AN EFfECTIVE DATE
CIII*MΠ"'_114
AN ORDINANCE OF '!liE CITY COM-
MISSION OF '!liE CITY OF DELRAY
BEACH, FLORIDA. AMENDING
ClW'TER 39, "RETURNED CHECK
SERV/ΠCHARGE", OF TIE CODE
~ OF ORDINANCES OF TIE CrTY OF
.. DElRAY BEACH, BY AMENDING
. SECTION 39,01, "SERVICE CHARGE
~ FOR RETURNED CIECKS", TO SET
f TIE fEE FOR RETURNED CHECKS
, I;f 1WEIlTY DOU.ARS OR F1VE 1'£11-
carr OF THE FACE VALUE OF THE
ClECK WHICHM:R IS GREATEII,
> AND TD PROVIDE fOR DISCAE-
i TlONARY LANGUAGE ALLOWING
: ~~~~~~~
AE6ARDING RETURNED CHECKS;
REÆAJ.ING CHAPTER SO, "UTlll-
T£S GENERALLY; PUBLIC SERVICE
TAX", SECTION SO,02, "SERVICE
CHARGE fOR RETURNED CHECKS
ON UTllrTY BILL FOR WIIŒR AND
SEWER SERVICE", AND CHAPTER
~~~=~
FOR RETURNED CHECKS', Þ.s
EING UlN:CESSARILY DUPLICA-
1M; PROVIDING A SAVING
ClAUSE, A GENERAL REPEAl£R
CLAUSE, AND AN B'fEC1lVE DATE,
I'IIIoe be IIMIed \hat " I pnon
cIIIciIos to ~ dIcIsion IIIIde
II!' 1IIe CIty wiIt1 '--='
10 -'Y ..... considInId at 1hese
'-""os. SUCh _ mIY need to
....1hII a YIIII>a1im IIICOnI
Indudes 1IIe ~ and Mdenœ
~ which the --' Is to be _,
CI¥ does not ptDVicIe nor P/IPIR!
SUCh 1IICOnI, Pursuant to F.S,
21!6.11105, .
NIIIh: December 23, 1.
IIacI AI1Dn _
M #2lX114
.
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ORDINANCE NO. 61;CfZ
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39
"RETURNED CHECK SERVICE CHARGE" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
SECTION 39.01, "SERVICE CHARGE FOR RETURNED
CHECKS" , TO SET THE FEE FOR RETURNED CHECKS AT
TWENTY DOLLARS OR FIVE PERCENT OF THE FACE VALUE
OF THE CHECK, WHICHEVER IS GREATER AND TO PROVIDE
FOR DISCRETIONARY LANGUAGE ALLOWING FOR
EXTENUATING CIRCUMSTANCES TO BE CONSIDERED
REGARDING RETURNED CHECKS; REPEALING CHAPTER 50,
"UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION
50.02, "SERVICE CHARGE FOR RETURNED CHECKS ON
UTILITY BILL FOR WATER AND SEWER SERVICE" , AND
CHAPTER 51, "GARBAGE AND TRASH" , SECTION 51.76,
"COLLECTION CHARGE FOR RETURNED CHECKS", AS BEING
UNNECESSARILY DUPLICATIVE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Section 166.251, Florida Statutes provides that a
municipality may adopt a service fee of twenty (20 ) dollars or five (5)
percent of the face amount of the check, draft or order, whichever is
greater, for the collection of a dishonored check, draft or other order
for the payment of money to a municipal official or agency.
WHEREAS, the City Commission has determined that additional
flexibility is required to account for extenuating circumstances
regarding returned checks.
WHEREAS, Section 50.02, "Service Charge for Returned Checks on
Utility Bill for Water and Sewer Service", and Section 51.76, "
Collection Charge for Returned Checks" are unnecessarily duplicative of
Section 39.01, " Service Charge for Returned Checks".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 39, "Returned Check Service
Charge" , Section 39.01, "Service Charge for Returned Checks", is hereby
amended to read as follows:
I
-
,
Section 39.01 Service Charge for Returned Checks.
In the event a check given to the City in payment of a
permit, license, utility bill or any other type of bill, or any
miscellaneous receipt issued by the City, lS not paid by the bank
on which it is drawn but instead is returned, the City shall assess
a service fee of twenty (20) dollars or five (5) percent of the
face amount of each check, draft or order so returned, whichever is
greater. $25 3crvicc ch<J.rgc for c<J.ch chcck 30 rcturncd <J.nd However,
this fee may be waived at the City's discretion in the event of a
bank error or other similar circumstance outside the customer's
control. If a service fee is imposed, this service fee ch<J.rgc shall
be billed to the customer. The service fee shall be in addition to
all other penalties imposed by law.
Section 2. That Chapter 50, "utilities Generally; Public
Service Tax" , Section 50.02, "Service Charge for Returned Checks on
Utility Bill for Water and Sewer Service", is hereby repealed In its
entirety.
Section 3. That Chapter 51, "Garbage and Trash" , Section
51.76, "Collection Charge for Returned Checks" , lS hereby repealed In
its entirety.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
2 ORD NO,
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ATTEST:
City Clerk
First Reading
Second Reading
3 ORD NO.
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