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HomeMy Public PortalAbout009-2017 - General Ordinance - Amending Chapter 36 - Matrimony BureauORDINANCE 009-2017 A GENERAL ORDINANCE AMENDING CHAPTER 36 OF RICHMOND CITY CODE WHICH ESTABLISHED A MUNICIPAL MATRIMONY BUREAU WHEREAS, Indiana Code 3 1 - 1 1-6-1 authorizes certain individuals, including the Clerk of the City of Richmond, to perform matrimony services, but public officials may not be paid a fee personally for such services; and WHEREAS, The Clerk of the City of Richmond, as authorized by state code to be able to perform matrimony services, has expressed a desire to perform such matrimony services for a fee within the Municipal Building, with said fee being paid to the City of Richmond; and WHEREAS, In order to support the organization and administration of these services within the Municipal Building there could be established a Municipal Matrimony Bureau (the `Bureau") to be under the supervision of an administrator, who shall be the City Clerk; and WHEREAS, Reasonable and just rates related to the administration of the Municipal Matrimony Bureau could be established by Common Council; and WHEREAS, The establishment of a Municipal Matrimony Bureau would permit the Clerk to Perform solemnization services and enable the City to charge and collect reasonable and just rates for the administration of said Bureau; and WHEREAS, A new Chapter to the Richmond City Code was created as Chapter 36 which sets forth provisions regulating the Municipal Matrimony Bureau and establishing reasonable and just rates for the administration of that Bureau. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that Chapter 36 of the Richmond City Code is amended as follows: CHAPTER 36: MUNICIPAL MATRIMONY BUREAU SECTION 36.01 Establishment and Authorization 36.02 Solemnization Services 36.03 Schedule of Fees 36.04 Amounts Collected 36.05 Effective Date 36.98 Unconstitutionality Clause 36.01 ESTABLISHMENTAND AUTHORIZATION The Municipal Matrimony Bureau (hereinafter `Bureau") is hereby authorized and empowered: (1) To charge on behalf of the City such service charges as hereinafter may be identified and authorized for the performance of marriage solemnization to be paid by the parties desiring the solemnization services; and (2) To execute forms as may be proper to efficiently administer the actions of the Bureau. 36.02 SOLEMNIZATION SERVICES The Bureau is hereby instructed and directed to provide the following services: (1) To develop, compile, and maintain records of the services offered, charges developed, and such other information as may be desirable and to transmit a report of the activities of the Bureau on a monthly basis to the City of Richmond Controller. (2) Performance of the solemnization of marriages by the City Clerk authorized pursuant to Indiana Code 31-11-6 et seq., by appointment at the premises of the Municipal Building during regular business hours. (3) Performance of the solemnization of marriages by the City Clerk authorized pursuant to Indiana Code 31-11-6 et seq., with no appointment ("walk in") at the premises of the Municipal Building during regular business hours, at the discretion of the City Clerk. (4) Preparation of the license and forms by the City Clerk and the posting by United States Postal Service completed certificates for delivery to the proper circuit court clerk as the issuing authority. 36.03 SCHEDULE OF FEES The following schedule of fees and charges is authorized as follows: (1) Residents of the City of Richmond — Scheduled Ceremony Fee $25.00 (2) Residents of the City of Richmond — Unscheduled Ceremony Fee $35.00 (3) Non -City of Richmond Residents — Scheduled Ceremony Fee 35.00 (4) Non -City of Richmond Residents — Unscheduled Ceremony Fee $45.00 If an individual is a resident of the City of Richmond and the spouse -to -be is not a resident of the City of Richmond, the couple shall be charged the appropriate resident rate. 36.04 AMOUNTS COLLECTED (a) All charges and amounts collected pursuant to this Chapter shall: (1) Be collected in the City Clerk's office and a receipt shall be provided; (2) Be deposited and credited to the general fund of the City of Richmond upon its receipt; (3) Not belong to or be the property of any public official, including the City Clerk or a deputy, employee, or appointee serving under the same, but shall belong to and be the property of the municipality; (4) Be construed as charged by the Bureau and collected by the City Clerk on behalf of the City of Richmond, not for the benefit of any public officer or any individual. (b) Any public official, including the City Clerk or a deputy, employee, or appointee serving under the same, is hereby prohibited from personally receiving and shall not charge or collect any fee or amount for services performed under this Chapter that is not authorized or not deposited with the City of Richmond, according to its terms. Fees or amounts charged under this chapter shall be collected by the City Clerk's office on behalf of the City of Richmond. 36.05 EFFECTIVE DATE This Ordinance shall be effective thirty (30) days after its passage and adoption. 36.98 UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause or phrase of this Chapter be properly declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby. Passed and adopted this�day the Common Council of the City of Richmond, Indiana. President Misty Ho lis ATTESK.�_YL� 1� Karen Chasteen P ENTED to the Mayor of the City of Richmond, Indiana, this day of at 9:00 a.m. ty Clerk Karen Chasteen APPROVYD by me, David M. Snow, Mayor of the City of Richmond, Indiana, this �. day o�2009, at 9:05 a.m. Mayor David ATT Karen Chasteen