91-304 RESOLUTION NO. 91R-304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM RELATING TO FEES FOR RETURNED
CHECKS TENDERED IN PAYMENT OF OBLIGATIONS
AND RESCINDING RESOLUTION NO. 87R-135
WHEREAS, Section 1.01.400 of the Anaheim Municipal Code
authorizes the City Council to establish a handling fee for
checks and other instruments returned or otherwise dishonoredby
any bank or other paying institution; and
WHEREAS, the City Council heretofore adopted Resolution
No. 87R-135 establishing such a fee; and
WHEREAS, the City Council desires and by this
Resolution intends to revise said fee in the manner hereinafter
set forth; and
WHEREAS, said fee does not exceed the reasonable cost
to the City of Anaheim of processing and handling said checks and
other instruments returned or otherwise dishonored.
NOW, THEREFORE, BE IT RESOLVED by the City Council that
a handling fee of Fifteen Dollars ($15.00) is hereby established
pursuant to Section 1.01.400 of the Anaheim Municipal Code for
each check or other negotiable instrument tendered to the City as
payment for any debt or obligation due and owing to the City and
which check or instrument is returned due to insufficient funds,
or a stop payment order, or for any other reason dishonored by
any paying bank or institution.
BE IT FURTHER RESOLVED that, notwithstanding the
preceding paragraph, the City Treasurer or his or her designee
(hereinafter collectively referred to as the "city Treasurer")
may waive payment of any or all of said fee otherwise due and
payable to the city pursuant to the preceding paragraph provided
that the City Treasurer finds and determines that either:
(i) the person or entity tendering said check or
instrument to the city and otherwise responsible for payment
of said fee (hereinafter referred to as the "obligor") could
not have reasonably foreseen that such check or instrument
would be dishonored; or
(ii) such waiver is otherwise reasonably necessary
to avoid an unjust penalty upon the obligor.
Prior to approving any such waiver, the City Treasurer shall
require written proof from the obligor justifying such waiver.
Approval or denial of such waiver shall be at the sole discretion
of the City Treasurer. The decision of the City Treasurer with
regard to any such waiver shall be final and conclusive. In the
event any fee or portion thereof is waived pursuant to the
provisions of this resolution, the findings required in
connection therewith shall be set forth in writing and maintained
in the books or records of the City Treasurer and shall be
maintained on file in the office of the City Treasurer for a
minimum of two years following the date of any such waiver.
BE IT FURTHER RESOLVED that Resolution No. 87R-135 be,
and the same is hereby, rescinded provided, however, any Dayment
obligation heretofore accruing pursuant to the terms of
Resolution N. 87R-135 shall be unaffected by such rescission.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 5th day of November ,
1991.
ATTEST: ~
ASSISTANT CITY OF ANAHEIM
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ANAHEIM )
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby ~
certify that the foregoing Resolution No. 91R-304 was introduced and adopted at
a regular meeting provided by law, of the Anaheim City Council held on the 5th
day of November, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-304 on the 6th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the ~
City of Anaheim this 6th day of November, 1991.
ASSISTANT CITY OF ANAHEIM
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 91R-304~ duly
passed and adopted by the City Council of the City of Anaheim on November 5,
1991.
ASSISTANT CIT Y OF ANAHEIM