ORDINANCE NO. BL2008-218

An ordinance to repeal Ordinance No. BL2001-777 in its entirety.

WHEREAS, Tennessee Code Annotated § 9-1-108 mandates local governments to set and collect a credit or debit card processing fee in an amount that is equal to an amount paid to a third-party processor and does not exceed five percent (5%) of the amount of the payment collected; and,

WHEREAS, Tennessee Code Annotated § 9-1-108 was amended by Chapter 348 of the Public Acts of 2001 to authorize a metropolitan government to waive the collection of a processing fee for accepting payment by use of credit or debit cards; and,

WHEREAS, Ordinance No. BL2001-777 was adopted to waive the fee for processing credit card or debit card payments when collecting funds on behalf of the Metropolitan Government; and,

WHEREAS, Ordinances No. BL2001-1093 and BL2006-1266 later modified the fee waiver provision of BL2001-777 by limiting the waiver to certain types of transactions; and,

WHEREAS, even though the fee waiver has been modified, the Metropolitan Government has continued to absorb a significant fiscal loss by paying the credit card fees for individuals who use credit cards in transactions with the Metropolitan Government; and,

WHEREAS, it is in the interest of the citizens of The Metropolitan Government of Nashville and Davidson County that the credit card fee waiver be repealed in its entirety.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Ordinance No. BL2001-777 is hereby repealed in its entirety.

Section 2. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erik Cole, Tim Garrett

Amendment No. 1
To
Ordinance No. BL2008-218

Madam President:

I move to amend Ordinance No. BL2008-218 as follows:

1. By deleting the fourth recital clause in its entirety and substituting in lieu thereof following:

“Whereas, Ordinances No. BL2006-1093 and BL2006-1266 later modified the fee waiver provision of BL2001-777 by limiting the waiver to certain types of transactions; and,”

2. By deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

“Section 1. That Ordinance No. BL2001-777, as amended by BL2006-1093 and BL2006-1266, is hereby repealed in its entirety.”

Sponsored by: Erik Cole

LEGISLATIVE HISTORY
Introduced:	May 6, 2008
Passed First Reading:	May 6, 2008
Referred to:	Budget & Finance Committee
Amended:	May 20, 2008
Deferred:	May 20, 2008
Passed Second Reading:	June 3, 2008
Passed Third Reading:	June 17, 2008
Approved:	June 23, 2008
By: