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ORD 916 12/08/2009 ORDINANCE NUMBER 916 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, REPEALING ORDINANCE 650 AND ESTABLISHING A FEE OF THREE PERCENT (3%) FOR THE USE OF CREDIT AND DEBIT CARDS FOR THE PAYMENT OF CITY DEBT FOR THE USE OF A CREDIT CARD FOR PAYMENT OF CITY DEBT WHEREAS, the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS, the City Council of the City of Cibolo authorizes the collection of fees, fines and any other form of debt to the City through the use of credit and debit cards; and WHEREAS, Chapter 132 of the Local Government Code provides for the collection of processing fees to cover the cost of providing such services; WHEREAS, the City Council repeals Ordinance 650; and WHEREAS, the City will collect a processing fee of three percent(3%)per transaction. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO TEXAS: SECTION 1 That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTON 2 ADOPTION That Ordinance 650 is repealed and this Ordinance requires the City to collect a processing of three percent (3%) per transaction for the payment of fees, fines or other debt owed to the City paid by credit or debit card. SECTION 3 CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinance, in which event the conflicting provisions of such Ordinance are hereby repealed. SECTION 4 SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrases, clause, sentence,paragraph or section. SECTION 5 SAVINGS That all rights and privilege of the City of Cibolo are expressly saved as to any and all violations of the provision of any Ordinances affecting the water rates, which have accrued at the time of the effective date of this Ordinances; and, as to such accrued at the time of the effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6 EFFECTIVE DATE That this Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas and the publication of the fees twice in the newspaper of record AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 7 for to 0 against this 8th day of December, 2009. SIGNED: Ter n, Mayor ATTEST: Peggy Cimics, City Secretary