HomeMy WebLinkAbout26-28787 - City Council - OrdinanceORDINANCE 26-28787
AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION," OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS
AMENDED, TO REVISE SECTION 2-11, "CONVENIENCE FEES AND
SERVICE CHARGES"; MAKING THIS ORDINANCE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, credit cards provide a convenient method for members of the public to pay
amounts owed to the City of Fort Worth such as water bills, court fines, and permitting fees; and
WHEREAS, when an individual makes a payment with a credit card, financial institutions
known as merchant processors handle the transaction and charge fees for their services, with such
fees generally ranging from 1.5 percent to 3.5 percent of the transaction amount; and
WHEREAS, when two customers pay identical bills to the City and one uses a payment
method that processes as a credit card, which imposes a merchant processing fee, and the other
uses a form of payment such as cash that does not require a merchant processing fee, the City
receives less revenue from the individual using the card; and
WHEREAS, Chapter 132 of the Texas Local Government Code authorizes government
entities, including cities, to accept various means of payment such as credit cards and authorizes
cities to collect a fee of up to 5.0 percent for processing credit card payments; and
WHEREAS, in September 2025, the City Council adopted Ordinance 27978-09-2025
enacting a convenience fee of 2.5 percent for credit card use, with such amount based on staff's
calculation of the City's organization -wide average merchant processing fee; and
WHEREAS, specialty merchant processors utilized by some City departments impose a
merchant processing fee in excess of 2.5 percent; and
WHEREAS, staff recommends revising the ordinance and set the fee as the lesser of 5.0%
or the amount the merchant processor charges so that residents are not paying more than is required
but the City stops incurring merchant processing costs for transactions where those fees are
between 2.5 and 5.0 percent; and
WHEREAS, other payment methods such as cash continue to be available for customers
wishing to make payments without incurring such a fee.
Ordinance No. 26-28787
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH THAT:
SECTION 1.
The findings set forth above form the basis for adoption of this ordinance and are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2.
Chapter 2, "Administration," Article I, "In General," of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby revised to amend Section 2-11, "Convenience Fees and
Services Charges," to adjust the amount of the convenience fee for payment transactions utilizing
a payment method that processes as a credit card in order to offset the merchant processing fees
such payment methods incur and to read as follows:
Section 2-11 Convenience Fees and Services Charges
Pursuant to Chapter 132 of the Texas Local Government Code, as amended, to the extent
any fine, permitting fee, or other financial obligation owed to the City is paid utilizing a
Davment method that processes as a credit card, there is hereby established and authorized
a convenience fee charge to the customer equal to the lesser of five percent (5.0% we -
and one half percent (2.5%) of the amount of such payment or such lower percent as
char4ed by the merchant processor _as aconvenienee e to the customer in order to
ramburze the City for cover the merchant processing costs such credit transaction
would otherwise impose on the City.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall 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 and section of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance No. 26-28787
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SECTION 5.
That all rights and remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the City Code, or any amendments thereto that 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, same shall not be affected by this ordinance but may be prosecuted until final
disposition of the courts.
SECTION 6.
This ordinance shall take effect on adoption, and the convenience fee charge authorized
hereby may be applied to any and all payments made on or after that date, regardless of when the
underlying payment obligation first arose.
APPROVED AS TO FORM AND LEGALITY
Denis McElroy
Assistant City Attorney
ADOPTED: September 15, 2026
EFFECTIVE: September 15.2026
Ordinance No. 26-28787
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CITY SECRETARY
Jannette S. Goodall
City Secretary
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