Ordinance No. 15,954 ORDINANCE NO. 15,954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V
"FINANCE", DIVISION 2 "ADMINISTRATIVE FEES AND CHARGES",
SECTION 2-621 OF THE CITY OF BAYTOWN CODE OF ORDINANCES TO
BE ENTITLED "PROCESSING FEE FOR CREDIT CARD TRANSACTIONS";
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
******************************************************************************
WHEREAS. the City of Baytown adopted its budget for Fiscal Year 2025 on September 26,2024,
which included provisions for addressing operational cost and revenue generation;
WHEREAS, the City Council of the City of Baytown desires to implement a 40a processing fee
for all credit card transactions, including, but not limited to, utility payments, permits, licenses and other
municipal services; and
WHEREAS,the implementation of the 40 o fee will assist in recovering the expenses incurred from
merchant fees associated with processing credit card transactions and will be assessed in addition to the
amount of the transaction;
WHEREAS, Texas Local Government Code Section 132.002(b) provides that the City Council
may authorize a municipal official who collects fees, fines, court costs or other charges to: (i) accept
payment by credit card of a fee, fine, court cost, or other charge, and (ii) collect a reimbursement fee for
processing the payment by credit card; and
WHEREAS, Texas Local Government Code Section 132.003 provides that in establishing a
reimbursement fee,the City Council shall set the reimbursement fee in an amount that is reasonably related
to the expense incurred by the municipal official in processing the payment by credit card; not to exceed
five percent of the fee, fine,court cost or other charge NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Chapter 2 "Administration", Article V "Finance", Division 2
"Administrative Fees and Charges", Section 2-621, of the Code of Ordinances, Baytown, Texas,
is hereby amended to be entitled"Processing Fee for Credit Card Transactions", and shall read as
follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 2. ADMINISTRATIVE FEES AND CHARGES
Sec. 2-621.—Processing fee for credit card transaction
Establishment of Credit Card Processing Fee. Whenever in this code or in any ordinance
of the City, a utility charge, fee, fine, penalty or other charge is established, the City may
accept credit card payments for any such payment owed to the City. A processing fee of
four percent (4%) of the total transaction amount is hereby established and shall be
assessed each time a credit card is used to make payment for utility services, permit fees,
license fees, and any other municipal fees, fines, costs, or other charges owed to the City.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision,section,exception, subsection,paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the set of circumstances,
shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 24th day of October, 2024i;iRANDON
CAPETILLO, Mayor
AT' EST: r i,(T���'
.ri n
ANGELAQVKSQN, City 0'6rk�lk
APPROVED A� TO ORM:
1
SCOTT LEMO D, City Attorney
R:Ordinances and Resolutions Ordinance Drafts 2024-10-24 Ordinance Establishing 4aa Credit Card Processing Fee kh docx
2