HomeMy WebLinkAboutResolution No. 2025-041R S,
CLER' M, CITY OF CLERMONT
«dam RESOLUTION NO.2025-041R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT,LAKE COUNTY,FLORIDA,ESTABLISHING A UNIFORM
POLICY IMPOSING SERVICE CHARGES FOR PAYMENTS MADE BY
CREDIT CARD, CHARGE CARD, DEBIT CARD, OR OTHER
ELECTRONIC FUNDS TRANSFER METHODS; PROVIDING AN
EXEMPTION FOR ELECTRONIC CHECK PAYMENTS; PROVIDING
FOR THE ELIMINATION OF THE DIRECT DEBIT PROGRAM;
PROVIDING FOR CONSISTENT APPLICATION ACROSS ALL CITY
DEPARTMENTS; PROVIDING FOR CONFLICT, SEVERABILITY,
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS,Chapter 166, Florida Statutes,authorizes municipalities to adopt ordinances
and resolutions in the exercise of its municipal powers; and
WHEREAS, section 215.322, Florida Statutes, authorizes local governments to impose a
service charge to cover the costs associated with processing credit cards,charge cards,bank debit
cards, and electronic funds transfers for the payment of taxes, fees, fines,penalties, court-ordered
payments,court costs,or other statutorily prescribed revenues; and
WHEREAS,the City currently operates a Direct Debit program that provides an automatic
payment option to utility customers; and
WHEREAS,the City Council of the City of Clermont finds it necessary and appropriate to
implement a uniform service charge policy applicable when consumers make payment by credit
cards,charge cards,debit cards,or electronic funds transfers in order to ensure equitable treatment of
consumers and to recover the City's administrative costs associated with payment processing;and
WHEREAS,the City Council finds it in the public interest to absorb the minimal processing
costs associated with electronic check payments to encourage the use of this secure and efficient
payment method and to facilitate a smooth transition for customers currently enrolled in the Direct
Debit program;and
NOW, THEREFORE, be it resolved by the City Council of the City of Clermont, Lake
County,Florida,that:
SECTION 1: UNIFORM APPLICATION OF SERVICE CHARGES
All payments made to the City of Clermont for any taxes, fees, fines, penalties, court-ordered
payments, court costs, utilities, permits, or other statutorily prescribed revenues, when made by
credit card,charge card, debit card,or any other form of electronic funds transfer, shall be subject
to a service charge imposed by the City to recover the costs of processing such transactions and
subject to the following conditions:
fQ-
CITY OF CLERMONT
9da.,,,v, RESOLUTION NO.2025-041R
(a) This policy shall apply uniformly across all City departments and to all consumers
regardless of account status or participation in automatic payment programs.
(b) The amount of the service charge shall not exceed the cost incurred by the City in
processing the payment and may be adjusted administratively as necessary to reflect actual
processing costs.
(c)Consumers may avoid service charges by making payments via cash, check, or money
order,delivered directly to the City at designated payment locations or by electronic check
(E-Check)as provided in Section 2 of this Resolution.
SECTION 2: EXEMPTION FOR ELECTRONIC CHECK PAYMENTS
No consumer shall be assessed a service charge when paying any City-imposed taxes, fees, fines,
penalties, court-ordered payments, court costs, utilities, permits, or other statutorily prescribed
revenues by electronic check("E-Check").
For purposes of this Resolution,"Electronic Check"or"E-Check"means a payment method where
funds are transferred directly from the customer's bank account using the Automated Clearing
House(ACH)network by providing bank account and routing information.
This waiver applies to all E-Check payments regardless of whether such payments are processed
as automatic payments (Auto-Pay) or entered manually by the customer for each transaction.
Payments made by credit card, charge card, debit card, or other electronic transfer methods shall
remain subject to service charges as outlined in Section 1.
SECTION 3: ELIMINATION OF DIRECT DEBIT PROGRAM
The City's existing Direct Debit program for automatic utility payments is hereby eliminated,
effective February 1,2026.
The City Manager or designee is authorized to establish a transitional period and implement a
public information campaign to notify current Direct Debit program participants of the program
elimination and to provide information regarding alternative payment options, including the E-
Check payment method described in Section 2.
The City Manager or designee is authorized to take all necessary administrative actions to facilitate
the orderly transition of customers from the Direct Debit program to alternative payment methods.
SECTION 4: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
S-
CITY OF CLERMONT
CR RESOLUTION NO.2025-041R
SECTION 5: SEVERABILITY
If any portion of this Resolution is declared invalid,the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 6: ADMINISTRATIVE CORRECTION
This Resolution may be re-numbered or re-lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee,without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 7: EFFECTIVE DATE
This Resolution shall be effective on February 1, 2026.
S-
CLFR' M, CITY OF CLERMONT
da.�. RESOLUTION NO.2025-041R
NOW, THEREFORE, BE IT RESOLVED, that the above said resolution of the City
Council of the City of Clermont,Lake County,Florida be adopted on this 18th day of November,
2025.
r
CITY OF CLERMONT, FLORIDA
T Tim Murry. May __.,.
ATT1✓•ST:
Tracy Ackroyd Ho e, M C
City Clerk
Approved as c form and legality
ristian . Waugxl City Attorney