Ordinance No. 2020-13 Creating Section 2-234 for Transaction Convenience Fees - November 10, 2020 ORDINANCE NO. 2020-13
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, ENTITLED "ADMINISTRATION," OF THE CITY CODE BY
CREATING SECTION 2-234, ENTITLED "TRANSACTION
CONVENIENCE FEES"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura (the "City") incurs additional costs and expenses
when it allows persons to pay bills owed to the City by credit card, charge card, bank
debit card, or electronic funds transfer (the "Alternate Means of Payment") in lieu of
payment by cash or check; and
WHEREAS, the City Commission desires to impose, and to enable City staff to
collect transaction convenience fees, as authorized herein, when the City accepts an
Alternative Means of Payment, in order to off-set the cost and expenses incurred by the
City in accepting said Alternative Means of Payment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Section 2-234, entitled "Transaction
Convenience Fees," of Chapter 2, "Administration", of the City Code is hereby created
to read, as follows:
1 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicted by stFilke
City of Aventura Resolution No. 202043
Chapter 2 — ADMINISTRATION
Section 2-234.Transaction Convenience Fees.
(a) The City, in the interest of convenience to its customers, desires to make more
accessible the ability to transact business with various City agencies by accepting
Payment via City approved credit card, charge card, bank debit card, and
electronic funds transfer (the "EFT"). In order to help defray the costs incurred by
the City when authorizing payment by City approved credit card, charge card,
bank debit card, or EFT, and pursuant to Section 215.322(5), Florida Statutes, a
convenience fee shall be imposed. The convenience fee shall be imposed upon
the payment of City rates, fees, and charges, including, but not limited to, cost
recovery charges, permit and license fees, local business tax receipts, park and
recreation fees, code enforcement fines and costs, service charges, or other
revenues prescribed for payment to City, hereinafter referred to as "Statutory
Fees."
When a customer elects to pay a Statutory Fee via approved credit card, charge
card, bank debit card, or EFT, the customer shall pay any reasonable service
charge or convenience fee charged by the financial institution, credit card
company, or other entity for the processing of such payments in an amount
sufficient to pay the service charge or convenience fee charged by the financial
institution, credit card company, or other entity for such services. The service
charge or convenience fee shall be separate and in addition to the Statutory Fee,
shipping and handling costs and any other rate, fee or charge authorized by
applicable law, and is not refundable. The service charge or convenience fee
shall not exceed the total cost imposed on the City for such service by the
financial institution, credit card company, or other entity for such services.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura; that the sections of this
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City of Aventura Resolution No. 202043
Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved
its adoption on second reading. This motion was seconded by Commissioner Narotsky
and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 202043
PASSED on first reading this 6th day of October, 2020.
PASSED AND ADOPTED on second reading on this 10th day of November, 2020.
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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