HomeMy WebLinkAboutOrdinances (O-10-1754)-06/15/2010,~
ORDINANCE 0-10-1754
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
AMENDING ORDINANCE 0-91-838 SECTION 1 REGARDING METHOD OF PAYMENT
ON RETURNED UNPAID CHECKS AND REGARDING ACTIONS TO BE TAKEN ON
RETURNED UNPAID CHECKS IN THE EVENT OF NON-PAYMENT OF THE RETURNED
UNPAID CHECK AND DELETING SECTION 2 AND PROVIDING AN EFFECTIVE DATE
WHEREAS, when a deposited check for a payment is returned to the City by the bank
unpaid for any reason (account closed, non-sufficient funds, refer to maker,
or stop payment), the City attempts to collect the funds from the maker of the
check by mailing a letter to the maker of the check stating the check was
returned to the City unpaid and requesting payment of the unpaid check with
United States currency or coin, certified check, cashier's check, or credit
card; and
WHEREAS, per the City Attorney, a returned check constitutes non-payment for a
service, and if the returned check remains unpaid, action is taken by the City
depending on the payment purpose of the check, such as disconnection of
water service for utility bill payments, issuance of a capias warrant for
municipal court citation payments, or suspension of issuance of a certificate
of occupancy for building inspection payments, and this policy is not currently
in ordinance form and the City Council desires to place this policy in
ordinance form; and
WHEREAS, Section 1 of Ordinance 0-91-838 currently states that "The City may refuse
to accept any method of payment other than United States currency or coin,
certified checks, or cashier's check if the payor has presented more than
three separate checks, drafts, or instruments returned unpaid to the City by
the City's depository within any twelve month period." and the desired
revision to Section 1 is "The only method of payment for an unpaid check
returned to the City is United States currency or coin, certified check,
cashier's check, money order, or credit card."; and
WHEREAS, Section 2 of Ordinance 0-91-838 is contained in the Colleyville Code of
Ordinances Water and Sewer Procedures Manual, AppendixA Section D 2A
and 3A and the language contained in Section D 2A and 3A duplicates
language contained in Section 2-27 of the Colleyville Code of Ordinances
regarding unpaid checks, and it is desired by City Council that Section 2 of
Ordinance 0-91-838 as contained in the Colleyville Code of Ordinances
Water and Sewer Procedures Manual, Appendix A Section D 2A and 3A be
deleted and all references to unpaid checks now be contained in Section 2-
27 of the Colleyville Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Ordinance 0-10-1754
Page 2 of 2
Sec. 1. THAT Section 1 of Ordinance 0-91-838 as contained in the Colleyville Code
of Ordinances Section 2-27 (b) is revised to state "The only method of
payment for an unpaid check returned to the City is United States currency
or coin, certified check, cashier's check, money order, or credit card."
Sec. 2. THAT Section 2-27 (c) is established in the Colleyville Code of Ordinances
providing that "In the event the returned check remains unpaid seven working
days after notice is sent to the maker of the check, the following actions will
be taken depending on the purpose for which the returned check was
presented to the City: discontinuance of water service (utility bill payment
(s)), issuance of a capias warrant (municipal court citation(s) payment), and
suspension of issuance of a certificate of occupancy (building inspection
payment)."
Sec. 3. THAT Section 2 of Ordinance 0-91-838 as contained in the Colleyville Code
of Ordinances Water and Sewer Procedures Manual, AppendixA Section D.
2A and Section D. 3A be deleted, and all references to unpaid checks now
be contained in Section 2-27 of the Colleyville Code of Ordinances.
Sec. 4. THAT the effective date of this ordinance shall be upon approval.
AND IT IS SO ORDERED.
The firs reading and public hearing being conducted on the ~ day of
~~ 2010.
The/sec dreading and public hearing being conducted on the /.~~~ day of
~--'Y-~-A-- 2010.
ATTEST: r CITY OF COLLEYVILLE
C nthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C.G. Boyle
City Attorney