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HomeMy WebLinkAboutORD 1989-013 ORDINANCE N0. 89-13 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 15 OFFENSES AND MISCELLANEOUS PROVISIONS BY ENACTING A NEW ARTICLE IV "FEE FOR UNPAID RETURNED CHECKS" ; PROVIDING FOR CITY RIGHT OF REFUSAL TO ACCEPT ��' CHECKS, DRAFTS OR INSTRUMENTS AS TENDER FOR AMOUNTS DUE THE CITY; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALER; �� �ECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas, upon full consideration of the matter, has determined that for the welfare of it citizens, it is desirable to establish a fee for checks, drafts, or instruments tendered to the City as payment for amounts owed which are returned through the City' s depository as unpaid and uncollected funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 15 of the Grapevine Code of Ordi- nances is hereby amended by the addition of a new Article IV entitled "Fee for Unpaid Returned Checks" which shall read as follows: "Section 15-48. Service charge on returned checks for ,,K.. , non-sufficient funds. A. That there shall be a service fee of Ten Dollars ($10 . 00) per occurrence for all checks, drafts, or instruments tendered to the City as payment for amounts owed to the City which are returned unpaid through the City depository as uncollected funds, excluding any occurrence resulting from any documentable depository error or omission. Section 15-49 . Method of payment on returned checks. A. That the City may refuse to accept any method of payment other than United States Currency or Coin, Certified Checks, or Cashier ' s Checks in the event the payor has presented more than three (3) separate checks, drafts, or instruments returned unpaid to the City by the City' s depository within any twelve month period. " Section 2 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, which holding shall not affect the validity of the remaining portions of this ordinance; and the *� City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 3 . All ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of FPhriiar� , 1989 . APPROVED: � -...�Ca�.� "'�� Mayor Pro Tem w�. ATTEST: -!/K-•Qd/ Ci Secretary APPROVED AS TO FORM: � City Attorney � �w