AN ORDINANCE PROVIDING OR PROCEDURES FOR THE COLLECTION FOR THE COLLECTION FOR NON-SUFFICIENT FUNDS CHECKS
WHEREAS, the Town Council of the Town of CIaypool, Indiana, has reviewed Ordinance No. 05- 10-1 and its procedures for the collection of non-sufficient funds checks issued to the Town and the payment of costs and fees associated therewith; and
WHEREAS, the Town Council has determined that these procedures should be modified and restated.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CLAYPOOL, INDIANA as follows:
Section 1. That Ordinance No. 05-10-1 shall be rescinded and is now null and void.
Section 2. That non-sufficient funds checks issued by an individual and/or business entity to the Town of Claypool shall be processed and collection attempted through the Check recovery program with Fiserv, through the Lake City Bank of Warsaw. Further the Town Clerk-Treasurer and/or the Town Council President are hereby authorized to execute all documents necessary to enroll the Town in this program.
Section 3. That should any non-sufficient funds check not be collected through the Check Recovery program, and should the same be returned to the Town, the check may be referred to the Office of the Prosecuting Attorney for Kosciusko County for collection of same, and in addition to the face amount of the check, all fees and penalties to which the Town is entitled to recovery as a matter of law will be sought and collected.
Section 4. That any and all ordinances in conflict herewith are hereby repealed and this ordinance shall be in full force and effect from and after its passage and publication as required by Law.
Section 5. If paying by check, if two or ore checks are returned within any six-month period of time for insufficient funds, or for any other reason, future payments will only be accepted by cash, money order or cashier's check.
Passed and adopted by the Town Council of the Town of Claypool on this 17th day of July, 2018.
