HomeMy Public PortalAbout056-2009 - General - Creating Matrimony BureauORDINANCE 56-2009
A GENERAL ORDINANCE CREATING CHAPTER 36 OF RICHMOND CITY CODE
ESTABLISHING A MUNICIPAL MATRIMONY BUREAU
WHEREAS, Indiana Code 31-11-6-1 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 should be 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 a new
Chapter of the Richmond City Code is enacted 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 ESTABLISHMENT AND 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 solemnizations 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 Controller'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 Controller 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 Controller'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 _15th day of _September 2009, by the Common Council of the City of
Richmond, Indiana.
_S/S Clay Miller Vice President
(Clay Miller)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this _14th _ day of _September_, 2009, at
9:00 a.m.
_S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _141h _ day of
_September__, 2009, at 9:05 a.m.
_S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen , City Clerk
(Karen Chasteen)