ORD 773 12/12/2006 ORDINANCE NO. 7 7 3
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
ORDINANCE NO. 584 RETURNED CHECK POLICY; PROVIDING FOR
INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING FOR A
CUMULATIVE CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas, 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 of Cibolo, Texas, is governed by a Home Rule Charter that was
approved by the Citizens of Cibolo in a duly called election held on September 11, 2004;
and
WHEREAS, the City of Cibolo collects monies for payment of legitimate debts and
charges as prescribed by City Ordinance, City Charter and State Law; and
WHEREAS, the City of Cibolo is determined to establish a policy for the collection of
fees for all returned checks; and
WHEREAS, the City Council wishes to minimize the occurrence of receiving returned
checks.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Texas, and amend Ordinance No. 584.
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SECTION 3.
AMENDMENTS
That Ordinance 584 shall be amended to read as follows:
"The City of Cibolo shall collect a twenty-five (25) dollar administrative charge
for each time a check issued to the City of Cibolo is returned for non-payment
by the finance institution in which the check is drawn.
Any person, account, or household that has had two (2) checks returned to the
City of Cibolo for non-payment shall lose the privilege of paying debts to the
City of Cibolo with a check and shall be "Cash Only." For purposes of this
Ordinance, "Cash Only" shall mean payment by currency, cashier's check,
money order or bank certified check. Said cash only status may be changed
back to a regular account status after two (2) years from the date of the second
returned check at the discretion of the City Manager, or his/her designee."
SECTION 4.
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 Ordinances, in which event the more restrictive provision shall apply. •
SECTION 5.
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 this Ordinance, since the same would have
been enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 6.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provisions of any Ordinances pertaining to the payment of debts to the
City of Cibolo, which have accrued at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
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