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HomeMy WebLinkAboutOrdinance 63290, pFYErr v r7.. A u, ' 9gkAN5 �S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6329 File Number: 2020-0521 AMEND ORDINANCE NO. 6315: AN ORDINANCE TO AMEND ORDINANCE NO. 6315 TO INCLUDE ADDITIONAL EXEMPTIONS TO CREDIT CARD AND DEBIT CARD TRANSACTION FEES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the City Council passed Ordinance No. 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, while configuring the City's software, 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. NOW THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 1 of Ordinance No. 6315 so that it reads as follows: "Section 1: 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." Page 1 Printed on 719120 Ordinance: 6329 File Number.' 2020-0521 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2 of Ordinance No. 6315 so that it reads as follows: "Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the assessment of a 2.95% 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 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that the effective date for Development Services related transaction fees shall coincide with the implementation of the EnerGov online payment software. PASSED and APPROVED on 7/7/2020 Attest: C.\_ER K �`���';•'• CITY Q•;�9J: 14 a ,� • G :� • FgYEnEVICLE .mom= Kara Paxton, City Clerk Treasurer; nw,'fiCod Page 2 Printed on 719120 ;! City of Fayetteville, Arkansas 113 West Mountain Street �l 1 Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0521 Agenda Date: 7/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 AMEND ORDINANCE NO. 6315: AN ORDINANCE TO AMEND ORDINANCE NO. 6315 TO INCLUDE ADDITIONAL EXEMPTIONS TO CREDIT CARD AND DEBIT CARD TRANSACTION FEES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the City Council passed Ordinance No. 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, while configuring the City's software, 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. 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 amends Section 1 of Ordinance No. 6315 so that it reads as follows: "Section 1: 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 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2 of Ordinance No. 6315 so that it reads as follows: "Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the assessment of a 2.95% 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." City of Fayetteville, Arkansas Page 1 Printed on 7/8/2020 File Number 2020-0521 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that the effective date for Development Services related transaction fees shall coincide with the implementation of the EnerGov online payment software. City of Fayetteville, Arkansas Page 2 Printed on 71812020 City of Fayetteville Staff Review Form 2020-0521 Legistar File ID 7/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Keith Macedo 6/19/2020 INFORMATION TECHNOLOGY (170) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approving a revision of the Ordinance:6315 which authorizes a credit card fee structure for citywide online and over the counter credit card and debit card sales which are not incorporated in the fee being charged. This Ordinance was approved by the City Council on 05/19/2020. Budget Impact: Various Various Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20180321 Revised Memo 6/30/2020 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 7, 2020 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Keith Macedo, Director of Information Technology DATE: June 30, 2020 SUBJECT: Staff recommends approving a revision of the Ordinance:6315 which authorizes a credit card fee structure for citywide online and over the counter credit card and debit card sales which are not incorporated in the fee being charged. This Ordinance was approved by the City Council on 05/19/2020. RECOMMENDATION: Staff recommends approving the following amendment to Ordinance 6315: 1. To exempt transaction fees for Airport Invoices, Police invoices, Animal Control Invoices, Parks and Recreation, and Miscellaneous Billings because the transaction fee is or will soon be incorporated in the fee structure for those fees. These additional transaction fee exemptions are requested to be added to Section 1 of the Ordinance. 2. To establish an effective date for Development Services related fees to begin with the implementation of EnerGov's online payment software. This should be added as a new Section 3 to the Ordinance. BACKGROUND: City staff began configuring the City's software applications to address Ordinance 6315 and identified several invoice types that should be exempted because the transaction fees were effectively incorporated in the fee structure of the invoices being produced. DISCUSSION: To comply with Ordinance 6315 staff developed a detailed list of every invoice type in the City to ensure the associated payment system was properly configured. The recommended ordinance revisions listed above will allow staff to properly configure each payment system to comply with state law and Ordinance 6315. BUDGET/STAFF IMPACT: There will be no additional budgetary cost or staff impact by approving these recommended changes. Attachments: Staff review form, staff review memo, state statue 14-59-119, Ordinance: 6315 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 6/19/2020 https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=Oae83ce5-558f-465c-aab9-9e5b79bd5e2f&ecomp=... Lexis Advance° Document: A.C.A. § 14-59-119 A.C.A. § 14-59-119 Copy Citation Current through all legislation of the 2020 First Extraordinary Session and the 2020 Fiscal Session (through all legislation enacted and approved in 2020) AR - Arkansas Code Annotated Title 14 Local Government Subtitle 3. Municipal Government Chapter 59 Arkansas Municipal Accounting Law 14-59-119. Debit card and credit card payments. (a) A municipality may accept a legal payment and any associated costs through a debit card or credit card in accordance with applicable state and federal law. (b) (1) A municipality may enter into a contract with a credit card or debit card company and pay any fee normally charged by the credit card or debit card company for allowing the municipality to accept the credit card or debit card as payment as authorized under subsection (a) of this section. (2) When a payment is made through a credit card or debit card, the municipality shall assess a transaction fee equal to the amount charged to the municipality by the credit card or debit card company. (3) A municipality shall not assess a transaction fee for payments made through a credit card or debit card if the governing body of the municipality determines that the transaction fee is included in the amount charged for the service or product for which a credit card or debit card payment is made. History Acts 2019, No. 195, § 1; 2019, No. 773, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2020 by the State of Arkansas All rights reserved Content Type: Terms: https://advanGe.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=0ae83ce5-558f-465c-aab9-9e5b79bd5e2f&ecomp=y3_dkkk&prid ... 1 /2 6/19/2020 https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=Oae83ce5-558f-465c-aab9-9e5b79bd5e2f&ecomp= Narrow By: -None- Date and Time: Jun 19, 2020 01:17:23 p.m. CST Copyright About Privacy Cookie Terms & Sign ©2020 (t� LexisNexis LexisNexis® All Policy Policy Conditions Out LexisNexis. rights reserved. RELX G . J 1�.. -prim https://advance.lexis.com/documentpdntldocumentprintclickl?pdmfid=1000516&crid=0ae83ce5-558f-465c-aab9-9e5b79bd5e2f&ecomp=y3_dkkk&prid ... 2/2 113 West Mountain Street Fayetteville AR 72701 (479) 575-8323 Ordinance: 6315 File dumber: 2020-0389 CREDIT CARD AND DEBIT CARD TRANSACTION FEES: AN ORDINANCE TO APPROVE THE ASSESSMENT OF A 2.95% FEE FOR CREDIT CARD AND DEBIT CARD TRANSACTIONS OTHER THAN UTILITY BILL AND PARKING FEE PAYMENTS WHEREAS, the City currently accepts credit card payments for utility bills. recycling and trash invoices. airport hangar rental and supply purchases, animal shelter fees, building permits, business licenses, miscellaneous billing of City services, parking, and miscellaneous Police fees and has always absorbed the transaction fees for those payments; and WHEREAS, in 2019. the Arkansas General Assembly passed Ark Code Ann § 14-59-119 which requires the City to assess transaction fees associated with debit card and credit card payments unless the Citi, Council "determines that the transaction fee is included in the amount charged for the service or product for which a credit card or debit card payment is made.": and WHEREAS. the City is in the process of implementing a new Development Services software called FnerGov that will allow customers to pay by credit or debit card for permits, inspections. HMR and supplemental beverage taxes. and business licenses through a new streamlined portal; and WHEREAS, staff is recommending the assessment of a 2.95% fee, which is the average of transaction fees for payments to the City based on 2019 data, on all 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) and parking fees which include the transaction fees in the amounts charged for those services and products. NOW, THEREFORE, BE IT ORDAINED M 1111 CITY COUNCIL OF THE CITY OF Pape 1 Printed on WSW Ordinance 6315 File Number 2020-0389 FAYETTEVILLE, ARKANSAS: Section I: That the CitN Council of the ON of Fayetteville. Arkansas herehv determines. pursuant to Ark. Code Ann. § 14-59-11(00) that the credit card or debit card transaction tee is included in the amount charged for utility hill; (including recycling and trash collection charges that are included in monthly utility bills) and paid parking fees. Section 2: What the City Council of the City of Fayetteville. Arkansas hereby approves the assessment of a 2.95% fee for credit card and debit card transactions other than payment of utility bills (including recycling and trash collection charges) and paid parking fees. PASSED and APPROVED on 5/19/2020 Approved Attest: s�s•��RKt/ 7R •Ar,� �G\1 { OF l` = FOil AY= c`JIL�E Lioneld Jo . M or Kara Paxton. City Clerk Treasured Pow 2 Prfnw on 3HOM See Revised Memo CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 7, 2020 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Keith Macedo, Director of Information Technology DATE: June 19, 2020 SUBJECT: Staff recommends approving a revision of the Ordinance:6315 which authorizes a credit card fee structure for citywide online and over the counter credit card and debit card sales which are not incorporated in the fee being charged. This Ordinance was approved by the City Council on 05/19/2020. RECOMMENDATION: Staff recommends approving the following amendment to Ordinance 6315: 1. To exempt transaction fees for Airport Invoices, Police invoices, Animal Control Invoices, and Miscellaneous Billings because the transaction fee is or will soon be incorporated in the fee structure for those fees. These additional transaction fee exemptions are requested to be added to Section 1 of the Ordinance. 2. To establish an effective date for Development Services related fees to begin with the implementation of EnerGov's online payment software and to establish an effective date of October 1, 2020 for Parks and Recreation related fees. This should be added as a new Section 3 to the Ordinance. BACKGROUND: City staff began configuring the City's software applications to address Ordinance 6315 and identified several invoice types that should be exempted because the transaction fees were effectively incorporated in the fee structure of the invoices being produced. DISCUSSION: To comply with Ordinance 6315 staff developed a detailed list of every invoice type in the City to ensure the associated payment system was properly configured. The recommended ordinance revisions listed above will allow staff to properly configure each payment system to comply with state law and Ordinance 6315. BUDGET/STAFF IMPACT: There will be no additional budgetary cost or staff impact by approving these recommended changes. Attachments: Staff review form, staff review memo, state statue 14-59-119, Ordinance: 6315 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE W4W ARKANSAS MEETING OF JULY 7, 2020 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Keith Macedo, Director of Information Technology DATE: June 30, 2020 SUBJECT: Staff recommends approving a revision of the Ordinance:6315 which authorizes a credit card fee structure for citywide online and over the counter credit card and debit card sales which are not incorporated in the fee being charged. This Ordinance was approved by the City Council on 05/19/2020. RECOMMENDATION: Staff recommends approving the following amendment to Ordinance 6315: 1. To exempt transaction fees for Airport Invoices, Police invoices, Animal Control Invoices, Parks and Recreation, and Miscellaneous Billings because the transaction fee is or will soon be incorporated in the fee structure for those fees. These additional transaction fee exemptions are requested to be added to Section 1 of the Ordinance. 2. To establish an effective date for Development Services related fees to begin with the implementation of EnerGov's online payment software. This should be added as a new Section 3 to the Ordinance. BACKGROUND: City staff began configuring the City's software applications to address Ordinance 6315 and identified several invoice types that should be exempted because the transaction fees were effectively incorporated in the fee structure of the invoices being produced. DISCUSSION: To comply with Ordinance 6315 staff developed a detailed list of every invoice type in the City to ensure the associated payment system was properly configured. The recommended ordinance revisions listed above will allow staff to properly configure each payment system to comply with state law and Ordinance 6315. BUDGET/STAFF IMPACT: There will be no additional budgetary cost or staff impact by approving these recommended changes. Attachments: Staff review form, staff review memo, state statue 14-59-119, Ordinance: 6315 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 NORTHVEST ARKA-`SAS Ordinance:6329 File Number: 2020-0521 ..'`1 AMEND ORDINANCE NO.MEND 5: Democrat ( izetk AN ORDINANCE TO AMEND A4,.___—..___ Y ORDINANCE NO.63(5 TO INCLUDE P.C.BOX 1607,FAYETTEVILLE,AR,72702•479-4142-1700•FAY:479.69S-l118• WWW.NWADG.COM ADDITIONAL EXEMPTIONS TO CREDIT CARD AND DEBIT CARD TRANSACTION FEES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS,the City Council passed AFFIDAVIT OF PUBLICATION Ordinance No.6315 on May 19,2020, to approve the assessment of a 2.95% fee for credit card and debit card I, BrittanySmith, do solemnlyswear that I am the AccountingLegal Clerk of the transactions other than utility bill and parking fee payments;and Northwest Arkansas Democrat-Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this WHEREAS,while configuring the r5' City's software,City staff identified publication at and during the publication of the annexed legal advertisement several additional invoice types that the matter of:Notice pendingin the Co in said County, and at the dates of should be exempted because the � tY transaction fees are effectively the several publications of said advertisement stated below, and that during said incorporated in the fee structure of the periods and at said dates, said newspaper was aprinted and had a bona fide invoiceBE being produced. P P NOW THEREFORE,B IT circulation in said County; that said newspaper had been regularly printed and ORDAINED BY THE CITY COUNCIL published in said County, and had a bona fide circulation therein for the period of ARKANF THE CITY OF FAYETTEVILLE, tY� ARKANSAS: one month before the date of the first publication of said advertisement; and that Section I: That the City Council of the said advertisement waspublished in the regular dailyissues of said newspaper City of Fayetteville, Ordinance herebyN . gamends Section 1 of Ordinance No. as stated below. 6315 so that it reads as follows: "Section I:That the City Council of the City of Fayetteville,Arkansas hereby City of Fayetteville determines,pursuant to Ark.Code Ann. Ord 6329 § 14-59-119(b)(3)that the credit card or debit card transaction fee is included in the amount charged for utility bills Was inserted in the Regular Edition on: (including recycling and trash collection are that are included in monthly July 12,2020 utility bills),paid parking fees,Airport invoices,Police invoices,Animal Control invoices,Parks and Recreation Publication Charges: $162.64 fees,and miscellaneous billings." Section 2:That the City Council of the City of Fayetteville,Arkansas hereby amends Section 2 of Ordinance No. K_" ' Sat 6315 so that it reads as follows: .�`y)7� "Section 2:That the City Council of the Brittany Smith City of Fayetteville,Arkansas hereby approves the assessment of a 2.95%fee • for credit card and debit card �5 �-0. ., transactions other than payment of utility Subscribed and sworn to before me � �q�c�0 ?' bills(including recycling and trash /�'' a,,�' 2e collection charges that are included in This 15 day o t AY t, 2020. P��.<z s� �ipCv,, monthly utility bills),paid parking fees, U G �� F���` X Airport invoices,Police invoices, U -• o !. OL'e';',4•P�/-` Animal Control invoices,Parks and ti0.yt `� c ., Recreation fees,and miscellaneous 1. di' billings." �� Q/ -`�,,a ,#�: ,/' Section 3:That the City Council of the •Notary Public �j -'.�;.:1:1`;%'/ City of Fayetteville,Arkansas hereby My Commission Expires: 2 0 120�-S determines that the effective date for Development Services related transaction fees shall coincide with the implementation of the EnerGov online payment software. **NOTE** PASSED and APPROVED on 7/72020 Approved: Please do not pay from Affidavit. Lioneld Jordan,Mayor Invoice will be sent. Attest: Kara Paxton,City Clerk Treasurer 75294218 July 12,2020