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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