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O488ORDINANCE NO. 488 AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING SECTION 2 OF ORDINANCE NO. 353; AMENDING THE FEE SCHEDULE TO REFLECT THE SAME; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 132.002 of the Texas Local Government Code provides that the governing body of a municipality may authorize a municipal official who collects fees, fines, court costs or other charges to accept payment for these by credit card; and WHEREAS, Section 132.003 of the Texas Local Government Code also provides that the official may collect a fee for processing the payment by credit card; and WHEREAS, the City Council desires to amend the code of ordinance and the fee schedule to update the credit card processing fee at an amount that is reasonably related to expenses that are incurred by the City when municipal officials process the payment by credit card. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That Ordinance No. 353 is hereby amended by repealing Section 2 thereof. SECTION 2. The Credit Card Payment Processing Fee heretofore adopted and set forth in Section 2.3(a) of the Kennedale City Code is hereby amended by updating the following to Administrative Fees: Credit Card Fees: When payment of any fee, fine, court cost or other charge related to Kennedale Municipal Court is made by credit card (over the phone, in person and online), a fee equaling three percent (3 %) per fee, fine, court cost or other charge paid by credit card will be added to the fee, fine, court cost or other charge paid. When payment of any fee or other charge related to Kennedale Utility Billing is made by credit card (over the phone only), a fee equaling five dollars ($5.00) per fee or other charge paid by credit card will be added to the fee or other charge paid. When payment of any fee or other charge related to Kennedale Permitting is made by credit card (over the phone, in person and online), a fee equaling three percent (3 %) per fee or other charge paid by credit card will be added to the fee or other charge paid. When payment of any fee or other charge related to any other miscellaneous activity is made by credit card (over the phone, in person and online), a fee equaling one dollar ($1.00) per fee or other charge paid by credit card will be added to the fee or other charge paid. If, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the City shall collect the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds from the person who owes the fee, fine, court cost or other charge in addition to the original fee, fine, court cost or other charge. SECTION 3. This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provision of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which the event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 11th day of August 2011. .... s Mayor, Bryan Lankhorst ATTEST: Amethyst Cirmo, City Secretary INVOICE Sta.--Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 CITY OF Misc Fee p I3580 1 29 Customer ID: CIT33 Invoice Number: 317435421 Invoice Date: 8/19/2011 Terms: Net due in 21 days Due Date: 8/31/2011 PO Number: Order Number: 31743542 Sales Rep: 073 Description: CITY OF KENNED Publication Date: 8/19/2011 �nagez M z\ Re A>rnount 29 LINE $6.23 $180.74 $12.00 Net Amount: $192.74 CITY SECRETARY/APPROVED AS •�� ►1lIIIIIIIt���`• THE STATE OF' TO TY F aR M IS/ A`€NE K. OLSON, � County of Tarranr Before me, a Notary Public in and for said County and State, this day personally appeared De orah aylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publis in the above named paper on the listed dates: BIDS & LEGAL DEPT. TAR TELEGRAM (817) 215 -2323 ter\ t SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Notary Public, 3.2011. Thank You For Your Payment