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ORDINANCE NO. 92-0-11
AN ORDINANCE AMENDING SECTION 2-10 (DISHONORED
CHECK POLICY) OF CHAPTER 2 (ADMINISTRATION) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA, BY INCREASING THE FEE FOR A
DISHONORED CHECK FROM FIFTEEN TO TWENTY
DOLLARS; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Section 2-10 of the Code of Ordinances currently
establishes a fifteen dollar fee for dishonored checks.
2. Section 166.251, Florida Statutes, which authorizes the
imposi tion of a fee for dishonored checks has been amended to
increase the allowable fee from fifteen to twenty dollars.
3. In order to discourage the practice of submitting checks
which will be dishonored, Section 2-10 of the Code of Ordinances
should be amended to impose the maximum fee authorized by law.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF SECTION 2-10 (DISHONORED CHECK POLICY) OF
CHAPTER 2 (ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Section 2-10 is hereby amended to read as follows:
Section 2-10. Dishonored Check po1icv
(a) The follmdng penal tieo ohall be impooed for
diohonored oheoko, drafto or other payment of money in aooordanee
'iith Florida Statute Pursuant to Section 166.251+, Florida
Statutes, ~ 1~here shall be collected as a service fee for the
collection of any the firot dishonored check, draft or other order,
for the payment of money to an official or agency of the City of
Edgewater, the sum of twenty fifteen dollars ($20.00) ($15.00) or
five (5) percent of the face amount of the check, draft or order,
whichever is greater. This service fee shall be in addition to all
other penalties imposed by law.
In addition, a ~iritten ,mrning
'iill be iooued by regiotered mail to the oonoumer, giving notioe
that io the event a oeoond diohonored oheok io reoeiTJ"ed, the
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account 'iidll be marked "Do Not Accept Peroonal Checlco. "
(2)~here oRal1 be collected ao a oervice fee for the collection of
a oecond diohonored check, d raft or other order, by the oame
cuotomer, for the payment of money to an official or agency of the
City of Edge'lll7Uter, the oum of fifteen dollaro ($15.00) or fi~Je (5)
percent of the face amount of the check, draft or order, whichever
io greater, and the account 'iidll be marlted "Do Not hccept Peroonal
Checko" and the neceooary otepo taken for collection of oaid
diohonored check.
fbt In the event that the bank that returned the check ohould
not have done 00, then the conoumer io informed to bring a letter
from the bank otating they made an error and they ohould not Rave
returned the checlt. Then the indication on the conoumer'o account
"Do Not hccept Peroonal Checko" will be deleted from oaid
conoumer'o account, and peroonal checko will again be accepted in
payment of oaid conoumer'o account.
l..Ql te+ All consumers opening up new accounts shall be
advised of the foregoing service fee. penaltieo.
All existing
consumers will be advised of the increased service fee for'lliarded a
copy of the foregoing penaltiea with their next water bill.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
Struck through passages are deleted.
Underlined passages are added.
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of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This ordinance shall take effect on August 1, 1992.
PART F. ADOPTION.
After Motion by Councilperson Gillespie and Second by
Councilman Hays, the vote on the first reading of this ordinance
held on June 15, 1992, was as follows:
Mayor Tanya B. Wessler Absent
Councilman Kirk Jones AYE
Councilperson Louise Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
After Motion by Councilperson Gillespie and Second by
Councilman Hays, the vote on the second reading of this ordinance
was as follows:
Mayor Tanya B. Wessler AYE
Councilman Kirk Jones AYE
Councilperson Louise Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
PASSED AND DULY ADOPTED this 6th day of July, 1992.
CITY COUNCIL OF THE
CITY OF EDGEWATER,. LORIDA
By:
Tanya B. Vessler
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
i
/Krista A. StoreyO
City Attorney
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Underlined passages are added.
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