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Home My WebLink AboutO-11479• s J-97-156 3/12/97 ORDINANCE NO. 11479 AN ORDINANCE AMENDING SECTION 2-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREASING THE SERVICE CHARGE ON REFUSED CHECKS; ADDING A NEW SECTION 2-8 DEFINING ACCEPTABLE FORMS OF PAYMENT AND REQUIRING CERTAIN IDENTIFICATION FROM THE PERSON ISSUING A CHECK, DRAFT OR ORDER; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article I, Section 2-7 of the Code of the City of Miami, Florida, as amended, establishes a service charge of five dollars ($5.00) on refused checks; and WHEREAS, most local banks levy a refused check service charge of twenty-five dollars ($25.00); and WHEREAS, the City has not increased its service charge on bad checks for more than ten (10)years; and, WHEREAS, the City finds it necessary to identify acceptable forms of payment and to require identification when a check is issued or delivered for payment of money or its equivalent for any fee, lien, license, tax, certificate, penalty, or other matter; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami to amend the City Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11419 0 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article I, Section 2-7 of Chapter 2 of the Code of the City of Miami is hereby amended as follows:I/ Chapter 2 ADMINISTRATION ARTICLE I. IN GENERAL "Sec. 2-7. Service charge on refused checks. At any time the city is in possession of a check, draft or order and payment of the same has been refused by the drawee because of lack of funds or credit, a service charge for the handling of such instrument is hereby imposed upon the drawer and/or last endorser of the instrument, not to exceed rive—dellarT($5.00) twenty-five do'll ars ($2S _ 00) or five (5) percent of the face amount of the check, draft or order, whichever is greater The City may refer b - is -suer, drawer or deliverer of said worthless chesk, draft or order to tba state attorney for pros u-ion_" Section 3. Chapter 2 is hereby further amended by adding a new Section 2-8 to read as follows: Secs. 2-4B. 4-2-10. Reserved. OFIETA11 - I ell REIRzl- - • N-4 OPT- 00 11•�- • •- - - �- . 1- •�. �- . Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 11479 r00 its 144-r 1 =gl !- • - -r r.11- r • r- •-r - .•• - r•u- .r•r- r u.- . •- .r•r- r- • r . r• - r- -� • • r- .. iu-r .r r- r - - • • r• r- .•• - r •.u. •r Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 20th day of March 1997. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this loth day of April ,,1997. ATTEST: Q WALTER EMAN CITY CLERK PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY ATT EY W274:csk:bjr:ROD APPROVED AS TO FORM /CO(,/R`Jj/��/RECTNESS : ` , dl F `f 43 � i� A. QUINN JONES III ITY ATTORNEY -3- 11479 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Membf,rs of the City Commission FROM: Edward Mar4 City Manager RECOMMENDATION DATE: I•If'1fl 1 ' 19N FILE SUBJECT: Ordinance to Increase Bad Check . Charge and Define Forms of Payment REFERENCES: Agenda Item for March 20, 1997 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached ordinance authorizing an increase from $5.00 to $25.00 in the service charge on refused checks; and, a second provision adding a new section to the City Code which defines the types of acceptable payment along with identification needed if a check is used. BACKGROUND All local banks levy a service charge to the maker of a check when the check is dishonored. This charge is generally $25.00 or more. The City has a $5.00 service charge for bad checks which has not been increased for a number of years. We propose increasing the charge to $25.00. We broadened the types of acceptable payment to include credit cards. Additionally, the Ordinance details the type of identification information we must obtain and record from an individual paying by check. The identifying information is exactly as allowable under Florida Statutes 823.07. q,Please feel free to contact me should you wish further details. 1147b. • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review Vk(a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11479 Inthe........................XX..XXX..................................... Court, was published in said newspaper in the issues of May 5, 1997 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached Copy of.advertlsement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou , rebate, commisst for the purpose of secur g this advertise o ublic tion in the said news pe .. ....i 5 Of (SEAL) Octelma V 1rn to and subscribed before me this May . /' 97 ............,�...,..., ./�.. D. 19...... wwriairyvr�Pwn U)nIlri�Z7T LLERENA V., �000MMBSSIOtt NUMBER QCC566004 le, �� MY COMh11SSiOfd EXPIRES OF FLO JUNE 23,2000 CITY OF MIAMIVFLORIDA LEGAL- NOTICE All interested persons wilt take notice that on the 10th day of April, 1997, the City Commission of Miami; Florida, adopted, the 'following .titled ordinances:..' ORDINANCE NO. 11476 AN ORDINANCE, WITH ATTACHMENT($), -APPROVI NG CREATION OF THE "BAY HEIGHTS- ROVING -,SECURITY GUARD SPECIAL TAXING DISTRICT' BY METROPOLITAN } DADE COUNTY .FOR THE BAY HEIGHTS NEIGHBOR- HOOD,. MIAMI, FLORIDA, FOR THE PURPOSE OF PRO- j 'VIDING ROVING -POLICE FATROLSERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS; A0_ ` PROVING NECESSARY EXPENDITURES FOR -SAID ROV- ., ING OFF, -DUTY POLICE PATROL SERVICE;" REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING' EXECUTION OF INTERLOCAL AGREEMENT;. IN SUB STANTIALLY'THE FORM ATTACHED HERETO, BETWEEN THE CITY AND 'METROPOLITAN DADE- COUNTY; CON- TAINING 'A REPEALER PROVISION, •SEVERABILITY CLAUSE; AND PROVIDING FOR -AN EFFECTIVE DATE. ORDINANCE NO. 11477 }. AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL " REVENUE FUNDS'. UNDER THE FOUR TITLES LISTED ' _ BELOW AND APPROPRIATING FUNDS FOR THE.OPERA- TION OF EACH �- ':OF'THE FOUR (4) NEW SPECIAL . REVENUE -FUNDS IN 'THE AMOUNTS SPECIFIED AS" FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT' (TWENTY-THIRD . YEAR). $13,106;000; HOME INVEST- MENT PARTNERSHIP (HOME) GRANT $4,203,000; EMERGENCY SHELTER GRANT (ESG) $346,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOWPA). GRANT - $8,832,000; FURTHER , APPRO- PRIATING THE. SUM OF $2,500,000 FROM COMMUNITY DEVELOPMENTBLOCK GRANT (CDBG) PROGRAM- IN.- COME AS' APPROVED BY U.S. HOUSING AND URBAN DEVELOPMENT FOR A .TOTAL. APPROPRIATIONS OF. $28,987,000;."CONTAINING A°REPEALER PROVISION AND- SEVERABILITY CLAUSE. ORDINANCE NO.11478, AN ORDINANCE ESTABLISHING A; SPECIAL REVENUE.,; FUND 'ENTITLED:."S.T:O.P. PROGRAM AND APPRO- PRIATING FUNDS FOR THE OPERATION'OF SAME, IN THE AMOUNT OF $47,250:00, CONSISTING, OF A GRANT. ;FROM JHE •U.S:DEPARTMENT OF JUSTICE; 'AUTHOR- IZING 'THE CITY, -.MANAGER TO.ACCEPT SAIW GRANT, AND TO EXECUTE THE ;NECESSARY DOCUMENTS, :IN -A -FORM ACCEPTABLE TO�THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A. `SEV ERABIUTY"CLAUSE. ORDINANCE NO. 11479 - AN .ORDINANCE AMENDING SECTION 2-7 OF .THE ,CODE OF THE CITY OF MIAMI; FLORIDA,.AS;AMENDED, THERE- -- BY INCREASING THE.SERVICEICHARGE ON REFUSED CHECKS; ADDING A NEW SECTION -2-8 DEFINING -ACCEPTABLE FORMS' OF PAYMENT";kND REQUIRING _ I CERTAIN IDENTIFICATION�FROM .THE•PERSON ISSUING A CHECK, DRAFT OR ORDER;_CONTAINING A REPEALER, PROVISION; SEVERABIL'ITY •CLAUSE; .AND PROVIDING.. FOR,AN EFFECTIVE ORDINANCE N0: 11480 . r.II- AN ORDINANCE AMENDING SECTION 22 37(f) OF THE - CODE OF THE CITY, OF; MIAMI; FLORIDA, AS AMENDEDi . 1 :TO IMPOSE AN ADMINISTRATIVE, - FEE OF $100.00 OR TEN PERCENT, WHICHEVER IS� GREATER, IN ADDITION TO THE ACTUAL EXPENSES. INCURRED BY, THE `CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY A -VIOLATIVE <CONDITIOWONfA'•;LOT,,PROVIDING• FOR A REPEALER PROVISION:.AND A,SEVERABI' TY_ CLAUSE. ORDINANCE NO. 11481 f AN. ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF PRO - PE (TIES LOCATED AT APPROXIMATELY 215 LEJEUNE Dnnn enat Cn11THW9=CT 9Nn TFRRACF AND 4100 Lij MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI NOTICE OF PROPOSED ORDINANCES APRIL 10, 1997 ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: 11S.T.O.P. PROGRAM tr , ETC. Inthe ........................ XxX.X.X...................................... Court, was published in said newspaper in the issues of Mar 31, 1997 . Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matterat the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant turf ys that she has neither p nor promised an n, firm or corporation any dis unt, rebate, comp*refund or the purpose of se uringitft}s adve f r public ion in the said to and subscribed re me this 31 March 97 dayof ...... .................................. ......, D.19...... (SEAL) pnYLl� WrIWAL 14V I AM OrAL 1 �� JANETT LLERENA Octeima V. Ferb Oe 110novJ IONWMO ! NUMBER c� Io z" �I CC566004 s'f�O Oho MY COMM�ION UNE23 2000ES CITY'OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCES Notice is hereby, given that the City Commission of the City. of Mi- ami, Florida,.will consider the following ordinances on -.second and final reading on AFI its commencing'at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami; Florida: . ORDINANCE NO. AN ORDINANCE. ESTABLISHING FOUR (4) NEW SPECIAL.- f REVENUE FUNDS UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS IN 1 f ' THE -AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY u DEVELOPMENT BLOCK GRANT (TWENTY-THIRD YEAR). - $13,106,000;, HOME :INVESTMENT PARTNERSHIP1 (HOME) I GRANT - $4,203,000; EMERGENCY SHELTER GRANT (ESG) - . $346,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT '- , $8,832,000; FURTHER APPROPRIATING THE SUM OF $2,500,000 FROM COMMUNITY. DEVELOPMENT BLOCK `GRANT •(CDBG) PRO- ; GRAM INCOME- AS APPROVED 'BY'' U'S: HOUSING. AND .URBAN DEVELOPMENT FOR A TOTAL APPROPRIATION OF 1I $28,987,000; CONTAINING A REPEALER PROVISION AND 1 SEVERABILITY CLAUSE. 'ORDINANCE NO. AN ORDINANCE ESTABLISHINGA SPECIAL REVENUE FUND ENTITLED: "S.T.O.P: PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE'AMOUNT OF $42,250.00, CONSISTING OF A GRANT FROM THE U.S. DE " PARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPTSAID GRANT AND TO EXECUTE THE NECES- SARY -DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS:PURPOSE; CONTAINING A REPEALER PROVISION AND'A SEVERABILITY CLAUSE. ORDINANCE.NO. AN ORDINANCE AMENDING SECTION 2-7 OF THE CODE -OF THE CITY,OF:MIAMI„ FLORIDA, AS AMENDED; THEREBY. IN-, ,. CREASING; THE SERVICE CHARGE ON REFUSED CHECKS; ADDING A -NEW SECTION. 2-k DEFINING. ACCEPTABLE FORMS OF PAYMENT AND REQUIRING CERTAIN. IDENTIFI- CATION FROM THE PERSON ISSUING A CHECK, DRAFT -OR, ORDER; CONTAINING A REPEALER PROVISION, SEVER-, ABILITY. CLAUSE; AND PROVIDING- FOR AN EFFECTIVE DATE.. f ORDINANCE -NO. AN ORDINANCE'AMENDING SECTION 22-37(f) OF THE CODE r OF THE CITY OF MIAMI,, FLORIDA, AS AMENDED, TO IMPOSE AN , ADMINISTRATIVE FEE OF $100.00 OR TEN PERCENT, f WHICHEVER IS GREATER,'IN ADDITIONAL TO THE ACTUAL 1 EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE I ` ACTION IS TAKEN TO REMEDY,A VIOLATIVE CONDITION ON A LOT;•P,ROVIDING FOR A REPEALER PROVISION AND.A SEVERABILITY CLAUSE, t Said proposed: `ordinances may be inspected'by the, public at the Office of theryCity-Clerk,:3500 Pdn_JAmerican Drive, Miami;',Florida, i Monday through -Friday, excluding holidays, between the hours yof.8 1 a.m. and 5 p.m. _ All interested persons may appear at the meeting and be heard with respect to the .proposed. ordinances.-.Sh6uld.ariy;;person desire to appeal any decision of the City Commission wittb. re ect• to amatter to be considered at this meeting, that persor),s*alltensuTim el -that verbatim record of the proceedings is made in ulffingiall testimony an - , evidence upon which any appeal may be base�"•�d, `j M I-: pri'Yi F� 9� no V °9pf ewalw WALTERtJ. F.OEMAN 1� CITY CL•ERK�.)� f, L(#4545). /31 _ r __ _.___ _ _-97_4:033112M, ;