HomeMy WebLinkAboutR-96-41 RESOLUTION NO. R-96-41
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-87-30
WHICH ESTABLISHED THE SERVICE FEE FOR A DISHONORED
CHECK, DRAFT, OR ORDER FOR THE PAYMENT OF MONEY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.251 of the Florida Statutes (1995), authorizes the City
Council to assess a service charge for the collection of a dishonored check, draft, or other
order for the payment of money, in addition to all other penalties imposed by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. AMENDED SERVICE FEE AMOUNT. Resolution No. R-87-30 is
hereby amended to reflect a service fee of $10.00 or 5% of the face amount of the check,
draft, or order, whichever is greater, up to a maximum amount of $20.00. The service fee
is authorized to be charged for each such instrument made payable to any department, or
agency (to include the Golf Course or Airport), or official of the City, or to the City as an
entity.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 3. SEVERABILITY. If any clause, section, or other part of this Resolution
shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and shall in no way affect
the validity of the other provisions of this Resolution.
Section 4. EFFECTIVE DATE. This Resolution shall become effective upon its
passage and adoption.
r~ Resolution was moved for adoption by Councilmember
' The motion was seconded by Councilmember
~~:~fl~~ and, upon being put to a vote, the vote was as follows:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Councilmember Norma Damp
Councilmember Richard Taracka
Councilmember Ray Halloran
thereupon declared this Resolution duly passed and adopted this ff~6( day of
,199~, .
CITY OF SEBASTIAN, FLORiDA
ATTEST:
Kathryn l~I. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifton A. McClelland,
City Attorney
Louise R. cartwrig~t,
2