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ORDINANCE CSO#5564-09-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BURLESON, TEXAS, AMENDING CHAPTER 1, "GENERAL
PROVISIONS," BY ADDING SECTION 1-16 "PAYMENT OF FEES AND
OTHER COSTS BY CREDIT CARD/DEBIT CARDS OR ELECTRONIC
MEANS; CHARGE OF PROCESSING FEES" ALLOWING THE CITY TO
CHARGE AND COLLECT PROCESSING AND OTHER FEES ON
CREDIT CARD PAYMENTS AND ELECTRONIC PAYMENTS AND
SECTION 1-17 "NON-SUFFICIENT FUND FEE" ALLOWING THE CITY
TO CHARGE A NON-SUFFICENT FEE ON RETURNED PAYMENTS;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR THE INCORPORATION
OF THE RECITALS; FINDING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Burleson, 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, credit card processing fees are charged by third-party credit processors for
transactions where a credit card or debit card is used; and

WHEREAS, for purposes of credit card processing fees, credit cards and debit cards are defined
as the same; and

WHEREAS, Texas Local Government Code§ 132.002(b) authorizes municipalities to set credit
card processing fees in an amount that is reasonably related to the expense incurred by the
municipality in processing the payment by credit card and debit card; and

WHEREAS, the City Council desires to allow individuals who owe fees, costs, and other charges
to the City to be able to pay the same by credit card; and

WHEREAS, the City contracts with one or more third-parties for the purpose of collection of
payments for municipal fees, costs, or other charges by credit cards; and

WHEREAS, the City Council finds it would not be feasible for the City to provide a credit card
payment service without the reimbursement of processing fees; and

WHEREAS, the City Council further finds that the credit card processing fees charged by one or
more third-parties varies by City department; and

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