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Home My Public Portal About110-1984 - ORDINANCE AMENDING ORDINANCE NO 73-1984 AND AUTHORIZING THE CITY CONTROLLER TO ASSESS THE SERVICE FEE IN THE MAX AMOUNT SET BY INDIANA CODEORDINANCE NO. 110-1984 AN ORDINANCE AMENDING ORDINANCE NO. 73-1984 AND AUTHORIZING THE CITY CONTROLLER TO ASSESS THE SERVICE FEE IN THE MAXIMUM AMOUNT SET BY INDIANA CODE I.C. 35-43-5-5 FOR ANY CHECKS MADE PAYABLE TO THE CITY OF RICHMOND OR ANY OF ITS DEPARTMENTS OR AGENCIES THAT HAVE NOT BEEN PAID DUE TO INSUFFICIENT FUNDS OR NO ACCOUNT WHEREAS, Indiana Code I.C. 35-43-5-5 authorizes the payee or holder of a check which has been returned for insufficient funds or no account to assess a service fee in an amount permitted by that statute. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond that Ordinance No. 73-1984 be amended to read as follows: SECTION 1. The drawer or maker of any check or other commercial instrument, which has been returned to the City of Richmond or its agencies or departments as unpayable due to insufficient funds or no accounts, shall be assessed a service fee in the maximum amount permitted by Indiana Code I.C. 35-43-5-5 by the City Controller. SECTION 2. Resolution No. 20-1964 as adopted by the Richmond Board of Sanitary Commissioners on August 20, 1984 and Resolution No. E-1984 as adopted by the Board of Directors of Richmond Power and Light on 1984, are hereby ratified. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this 7 day of President of t enon Council ATTEST:223ai44: �:r -��.-- Mary Merchanthouse City Clerk _2_ PRESENTED by me to the May r of the City of Richmond, Indiana, this day of , 1984. Mary Merchanthouse City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this 2m ^-/ day of �� , 1984. Frank H. Waltermann Mayor ATTEST: 4.& _�� Mary Merchanthouse, City Clerk cowwow couwczL vuT'Iwo nmnno ELSTRO ANC Seconded �movemcnd read` [,.—....^. ' SSAGE IS ELSTRO 1kcSOLUT toOOKBANK MORRA RT� NOTICE OF HEARING Caki ORDINANCE NO. 110-1984 Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 17th day of September, 1984 at 7:30 P.M. in the Council Chambers of the Richmond Municipal Building on Ordinance No. 110-1984 - AN ORDINANCE AMENDING ORDINANCE NO. 73-1984 AND AUTHORIZING THE CITY CONTROLLER TO ASSESS THE SERVICE FEE IN THE MAXIMUM AMOUNT SET BY-',INDIANA CODE I.C. 35-43-5-5 FOR ANY CHECKS MADE PAYABLE TO THE CITY OF RICHMOND OR ANY OF ITS DEPARTMENTS OR AGENCIES THAT HAVE NOT BEEN PAID DUE TO INSUFFICIENT FUNDS OR NO ACCOUNT. All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance. Publish Date: September 7, 1984 /s/ Mary Merchanthouse City Clerk Delivered by MM Received by n Date Received Inv.# 090764-6 'perm Prwrlbed by state )bard of Aee6nnta General Form No. M P (Rev. INT) City Clerk —City of Richmond To palladium Publishing Corporation Dr. (Governmental Unit) 1175 North A Street WaY.ne........ County, Indiana .4khrAoPar.144iAAA �7371....... PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines 3........ Head —number of lines 24 Body —number of lines • • .... • . • . • .... . 2........ Tail —number of lines Total number of lines in notice ... • 29........ COMPUTATION OF CHARGES ...... 29.....lines. .....nne..... columns wide equals .......29..... equivalent lines at ........'. 16. cents per line Additional charge for notices containing rule or tabular work (50 ner cent of above amount) Charge for extra proofs of publication (50 cents for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions ...1.... Size of type 6 point Size of quad upon which type is cast ...... ................ 6.26 $................ Pursuant to the provisions. and penalties of Ch. 155, Acts 1953, r hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid. Date: Sept . a %n...., 198 .... Title.... C3shier I. ..... PUBLISHER'S AFFIDAVIT State of Indiana ) ss ...... Wayne .......County) Personally appeared before me, a notary public in and for said county and state, . who, the undersigned.......Ronald .............D ........Erk ........................................ Cashier being duly sworn, says that ...he is. ...•.••• ••••••...••••... of the...... Palladium -Item, .......................... a ...... Daily............... newspaper of general circulation printed and published in the English language in the Richmond, Indiana_ .. . . ................ in state and county (city) of .................................. aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for One time..., the dates of publication being as follows: 5ept...�.t..1984....... .......... _ ...... .... .. ,.... Subscribed and sworn to before s.....1 �h..dayoff.�t_ RX....... 19.. $4 C. Notary PublicCo eman My commission expires... `fnUB .. ��a.. l9$7........ RESOLUTION NO. 20 1984 WHEREAS, Indiana Code I.C. 35-43-5-5- authorizes the payee or holder of a check which has been returned as unpaid due to insufficient funds or no account to assess a service fee up to a maximum of the greater of Fifteen Dollars ($15.00) or 5% of the amount due (not to exceed $250.00). NOW, THEREFORE, BE IT RESOLVED by the Board of Sanitary Commissioners of the Richmond Sanitary District that The drawer or maker of a check or other commercial instrument, which has been returned to the Richmond Sanitary District as unpayable due to insufficient funds or no account, shall be assessed a service fee in the maximum amount permitted by Indiana Code I.C. 35-43-5-5. PASSED AND ADOPTED by the Richmond Sanitary Board of Commissioners this AT?'t` day of A.5wst- 1984, A T T E S T: 0A'-a A 4aa-j Carol Holliday RESOLUTION NO. S — 1984 WHEREAS, Indiana Code I.C. 35-43-5-5 authorizes the payee or holder of a check which has been returned as unpaid due to insufficient funds or no account to assess a service fee. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Richmond Power & Light that The drawer or maker of any check or other commercial instrument, which has been returned to Richmond Power & Light as unpayable due to insufficient funds or no account, shall be assessed a service fee of the greater of Fifteen Dollars ($15.00) or five percent (5%) (but not more than $250.00) of the amount due. Furthermore, this provision shall be made a part of the terms and conditions of Richmond Power and Light, PASSED AND ADOPTED by the Board of Directors of Richmond Power & Light, this 17-14 day of , 1984. if Preside ATTEST: CITY OF RICHMOND OF RICK y0 50 NORTH FIFTH STREET u p o RICHMOND, INDIANA 47374 • '�I`'I�.1jl',��I� + TELEPHONE (317) 966-556I �hDIANP August 28, 1984 Mr. Jack Elstro, President and Members of the Richmond Common Council FRANK H. WALTERMANN MAYOR KENNETH E. BARDEN CITY ATTORNEY RE: ORDINANCE NO. 110- 1984 Dear President Elstro and Mlembmers of Common Council, Several meetings ago, the Common Council passed Ordinance No. 73-1984 which permitted the City Controller to assess the service fee of Ten Dollars ($10.00) for bad checks returned to the City. Several members of the Council expressed concern that the Ten Dollar:($10,00) service fee was insufficient to cover the costs associated with processing of bad checks. The Indiana Legislature has recently amended Indiana Code I.C. 35-43-5-5 to permit a larger service fee to be assessed. That statute provides that the payee or holder of a check returned as unpaid due to insufficient funds or no account may assess a service fee which shall not exceed the greater of Fifteen Dollars ($15.00) or 5% (but not more than $250.00) of the amount due, Ordinance No. 110- 1984 amends�iOrdinance No. 73-1984 to permit the City Controller to asses's the maximum service fee for bad checks allowed by law. Sincerely, I, Kenneth E. Barden City Attorney KEB/bd cc: Mayor City Clerk Sanitary District City Controller File