The URL can be used to link to this page

Home My WebLink AboutOrdinance 6856113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6856 File Number: 2025-379 REPEAL ORDINANCE 6315/6329 & APPROVE 3.5% FEE ASSESSMENT (ORDINANCE): AN ORDINANCE TO REPEAL ORDINANCE 6315 AND ORDINANCE 6329 AND APPROVE THE ASSESSMENT OF A 3.5% FEE FOR CERTAIN CREDIT CARD AND DEBIT CARD TRANSACTIONS WHEREAS, on May 19, 2020, the City Council passed Ordinance 6315 approving the assessment of a 2.95% fee for credit card and debit card transactions other than utility bill and parking fee payments; and WHEREAS, following the passage of Ordinance 6315, City staff identified several additional invoice types that should be exempted because the transaction fees are effectively incorporated in the fee structure of the invoice being produced so Ordinance 6329 was passed on July 7, 2020 to amend Ordinance 6315 and recognize those additional all-inclusive fees; and WHEREAS, Tyler Technologies LLC, the City's credit card processor has increased the fee for Development Services transactions, which are paid by customers, to 3.5% while all other transaction fees paid by the City will remain at 2.95%. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance 6315 and Ordinance 6329. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines, pursuant to Ark. Code Ann. § 14-59-119(b)(3) that the credit card or debit card transaction fee is included in the amount charged for utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and miscellaneous billings. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves the assessment of a 3.5% fee for credit card and debit card transactions other than payment of utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and miscellaneous billings. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the effective date for the new 3.5% transaction fee established in Section 3 shall be April 15, 2025. Page 1 Ordinance: 6856 File Number. 2025-379 PASSED and APPROVED on April 1, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $191.52 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 1, 2025 CITY COUNCIL MEMO 2025-379 TO: Mayor Rawn and City Council THRU: Steven Dotson, Interim Chief Financial Officer FROM: Keith Macedo, Interim Chief of Staff SUBJECT: REPEAL ORDINANCE 6315 AND 6329 & APPROVE 3.5% FEE ASSESSMENT (ORDINANCE): RECOMMENDATION: Staff recommends approving the repeal of ordinance 6315 and ordinance 6329 and approve the assessment of a 3.5% fee for certain credit card and debit card transactions and approve a Tyler Technologies sales quote for the implementation of Tyler Payments for development services related transactions. BACKGROUND: City Council approved ordinance 6315 on May 19, 2020, and ordinance 6329 on July 7, 2020 which set the type of fees and the amount of fees for all credit card and debit card payments received by the city. The city currently absorbs all credit card related fees except for Development Services related transactions, which currently are assessed as a 2.95% fee for credit card payments and a $1.00 eCheck per transaction. The city recently implemented a new payment processor for all Tyler Technology related products called Tyler Payments which has resulted in proposed increase in pass -through credit card fees from 2.95% to 3.5% and eCheck from $1.00 to $1.95 per transaction. DISCUSSION: Tyler Technologies requires all customers to move to Tyler Payments in 2025 to support their new enterprise payments platform. City staff worked with Tyler Technologies staff for several months to negotiate the per transaction rate from an initial 3.95% to 3.5%. The city has been using Tyler Payments for other payment transactions since July 2024, but all of the current transactions or configured for the city to absorb the fees. This ordinance change and attached sales quote will allow the city to move all development services related fees, within the Enterprise, Permitting, and Licensing, and Tyler Cashiering software systems Tyler Payments BUDGET/STAFF IMPACT: There will be no additional budgetary cost or staff impact by approving these recommended changes ATTACHMENTS: SRF (#3) , Tyler Payments - 07292025 (#4), ORD - Repeal 6315 and 6329 (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-379 REPEAL ORDINANCE 6315 AND 6329 & APPROVE 3.5% FEE ASSESSMENT (ORDINANCE): AN ORDINANCE TO REPEAL ORDINANCE 6315 AND ORDINANCE 6329 AND APPROVE THE ASSESSMENT OF A 3.5% FEE FOR CERTAIN CREDIT CARD AND DEBIT CARD TRANSACTIONS WHEREAS, on May 19, 2020, the City Council passed Ordinance 6315 approving the assessment of a 2.95% fee for credit card and debit card transactions other than utility bill and parking fee payments; and WHEREAS, following the passage of Ordinance 6315, City staff identified several additional invoice types that should be exempted because the transaction fees are effectively incorporated in the fee structure of the invoice being produced so Ordinance 6329 was passed on July 7, 2020 to amend Ordinance 6315 and recognize those additional all-inclusive fees; and WHEREAS, Tyler Technologies LLC, the City's credit card processor has increased the fee for Development Services transactions, which are paid by customers, to 3.5% while all other transaction fees paid by the City will remain at 2.95%. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance 6315 and Ordinance 6329. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines, pursuant to Ark. Code Ann. § 14-59-119(b)(3) that the credit card or debit card transaction fee is included in the amount charged for utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and miscellaneous billings. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves the assessment of a 3.5% fee for credit card and debit card transactions other than payment of utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and miscellaneous billings. Page 1 Ordinance: 6856 File Number: 2025-379 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the effective date for the new 3.5% transaction fee established in Section 3 shall be April 15, 2025. Page 2 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2025-0379 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/14/2025 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Staff recommends approving the repeal of ordinance 6315 and ordinance 6329 and approve the assessment of a 3.5% fee for certain credit card and debit card transactions and approve a Tyler Technologies sales quote for the implementation of Tyler Payments for development services related transactions. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget General Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # 6315, 6329 Change Order Number: Approval Date: Original Contract Number: Comments: • • Quoted By: Miguel Aleman •00 •• ••• er Quote Expiration: 7/29/25 •• technologies Quote Name: Sales Quotation For: Keith Macedo City of Fayetteville 113 W Mountain St Fayetteville AR 72701-6083 Phone: +1 (479) 587-3555 Payments Payments - Payer Card Cost - Service Fees Enterprise Permitting & Licensing Enterprise Permitting & Licensing Payments Enterprise Permitting & Licensing Payments Enterprise Permitting & Licensing Payments Enterprise Permitting & Licensing Payments Enterprise Permitting & Licensing Payments Payer eCheck Cost 2025-520587-X4X4N 6 Tax Remittance 3.50% $ 2.50 X X Code Enforcement 3.50% $ 2.50 X X Planning 3.50% $ 2.50 X X Licenses 3.50% $ 2.50 X X Permits 3.50% $ 2.50 X X $ 1.95 CONFIDENTIAL Page 1 eCheck Rejects Credit Card Chargebacks Payer Card Cost Payer eCheck Cost eCheck Rejects Credit Card Chargebacks Third Party Payments PCI Service Fee (Per Device) Hardware Payments Lane 7000 Terminal Purchase Summary Total Services Total Third -Party Hardware, Software, Services Summary Total Contract Total $ 5.00 $ 15.00 Per card transaction with Visa, MasterCard, Discover, and American Express. Per electronic check transaction. When an eCheck Transaction comes back as declined (e.g bounced check) If a card payer disputes a transaction at the card issuing bank (e.g. stolen card) TOTAL 1 $0 $0 1 $ 529 $ 0 One Time Fees $0 $ 529 $ 529 $ 709 $0 $180 $ 529 $ 529 Recurring Fees $0 $ 180 $ 180 $0 $0 $180 $0 $0 $ 180 2025-520587-X4X4N6 CONFIDENTIAL Page 2 Customer Approval: Print Name: Mayor Molly Rawn Date: P.O.#: Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms: • License fees for Tyler and third party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available for download by the Client; • Fees for hardware are invoiced upon delivery; • Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. • Expenses associated with onsite services are invoiced as incurred. Comments SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer. Fees for year one of hardware maintenance will be invoiced as of the first day of the calendar month following the date the hardware is delivered and may be prorated to end coterminous with the Annual Support Maintenance term. Subsequent annual hardware maintenance fees shall be invoiced together with the Annual Support Maintenance term in accordance with the terms of the Agreement. Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment-card- processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms. Please see attached Payments fee schedule. 2025-520587-X4X4N6 CONFIDENTIAL Page 3 ORDINANCE NO. AN ORDINANCE TO REPEAL ORDINANCE 6315 AND ORDINANCE 6329 AND APPROVE THE ASSESSMENT OF A 3.5% FEE FOR CERTAIN CREDIT CARD AND DEBIT CARD TRANSACTIONS WHEREAS, the City Council passed Ordinance 6315 on May 19, 2020, to approve the assessment of a 2.95% fee for credit card and debit card transactions other than utility bill and parking fee payments; and WHEREAS, following the passage of Ordinance 6315, City staff identified several additional invoice types that should be exempted because the transaction fees are effectively incorporated in the fee structure of the invoice being produced so Ordinance 6329 was passed to amend Ordinance 6315 and recognize those additional all-inclusive fees; and WHEREAS, Tyler Technologies LLC, the City's credit card processor has increased the fee for Development Services transactions, which are paid by customers, to 3.5% while all other transaction fees paid by the City will remain at 2.95%. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance 6315 and Ordinance 6329. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines, pursuant to Ark. Code Ann. § 14-59-119(b)(3) that the credit card or debit card transaction fee is included in the amount charged for utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and miscellaneous billings." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves the assessment of a 3.5% fee for credit card and debit card transactions other than payment of utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and miscellaneous billings." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the effective date for the new 3.5% transaction fee established in Section 3 shall be April 15, 2025. PASSED and APPROVED this 1st day of April, 2025. APPROVED: ATTEST: MOLLY RAWN, Mayor KARA PAXTON, City Clerk/Treasurer Form 0.54 N\AiAea media Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 496267 PO #: Matter of: ORD 6856 AFFIDAVIT • STATE OFARKANSAS ECEIV"E 04/07/2025 CRY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONGENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORll 6856 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona tide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $191.52. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 04106125, NWA nwaonline.com 04106125 .9 Legal Clerk State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 7th day of April, 2025 a�h�_ NOTARY PUBLIC B Rq S'y �:� v� ..� ��S S',^i, ' •, cis,'% '�10T�iRY r: ��•.�� "UBLtC or7 Ordinance: 6856 File Number: 2025-379 REPEAL ORDINANCE 6315/6329 8 APPROVE 3.5% FEE ASSESSMENT (ORDI- NANCE): AN ORDINANCE TO REPEAL ORDINANCE 6315 AND ORDI- NANCE 6329 AND APPROVE THE ASSESSMENT OF A 3.5% FEE FOR CERTAIN CREDIT CARD AND DEBIT CARD TRANSACTIONS WHEREAS, on May 19, 2020, the City Council passed Ordi- nance 6315 approving the as- sessment of a 2.95% fee for credit card and debit card trans- actions other than utility bill and parking fee payments; and WHEREAS, following the pas- sage of Ordinance 6315, City staff identified several addi- tional invoice types that should be exempted because the trans- action fees are effectively incor- porated in the fee structure of the invoice being produced so Ordinance 6329 was passed on July 7, 2020 to amend Ordi- nance 6315 and recognize those additional all-inclusive fees; and WHEREAS, Tyler Technologies LLC, the City's credit card processor has increased the fee for Development Services trans- actions, which are paid by cus- tomers, to 3.5% while all other transaction fees paid by the City will remain at 2.95%. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1: That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals Ordi- nance 6315 and Ordinance 6329. Section 2: That the City Coun- cil of the City of Fayetteville, Arkansas hereby determines, pursuant to Ark. Code Ann. § 14-59-119(b)(3) that the credit card or debit card transaction fee is included in the amount charged for utility bills (includ- ing recycling and trash collec- tion charges that are Included in monthly utility bills), paid park- ing fees, Airport invoices, Police invoices, Animal Control in- voices, Parks and Recreation fees, and miscellaneous billings. Section 3: That the City Coun- cil of the City of Fayetteville, Arkansas hereby approves the assessment of a 3.5% fee for credit card and debit card trans- actions other than payment of utility bills (including recycling and trash collection charges that are included in monthly utility bills), paid parking fees, Airport invoices, Police invoices, Animal Control invoices, Parks and Recreation fees, and mis- cellaneous billings. Section 4: That the City Coun- cil of the City of Fayetteville, Arkansas hereby determines that the effective date for the new 3.5% transaction fee es- tablished in Section 3 shall be April 15, 2025. PASSED and APPROVED on April 1, 2025 Approved: Molly Flown, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $191.52 April 6, 2025 496267