HomeMy Public PortalAboutORD-CC-2013-18ORDINANCE #2013-18
AN ORDINANCE ADOPTING CHAPTER 9.44 OF THE MOAB MUNICIPAL CODE,
RELATING TO THE ESTABLISHMENT OF A MUTUAL COMMITMENT REGISTRY
WHEREAS, Utah Code Annotated Section 10-8-84 (1) provides that cities may pass
ordinances intended to preserve the health and promote the prosperity of the city and its
inhabitants; and
WHEREAS, the City of Moab finds that it is within its powers and duties to ensure that its
citizens have access to adequate health benefits and other basic privileges; and
WHEREAS, the City of Moab and other employers within city limits may elect to provide
health benefits and other benefits to people who are in relationships of mutual
commitment but who are not married, such as adult dependents, people in same or
opposite sex relationships, people in committed friendships, or other types of familial
relationships; and
WHEREAS, the City of Moab finds that it is in the City's purview to help facilitate the
provision of health care benefits and other privileges in cases in which two individuals
desire to declare that they have a relationship of mutual commitment, support and
caring, and that they participate in the financial and physical welfare of each other and
plan to continue to do so; and
WHEREAS, two individuals may wish to declare such a relationship and to designate
one another as the recipients of such benefits and privileges by making a Declaration of
Mutual Commitment; and
WHEREAS, the City can offer a mechanism whereby such individuals may make such a
declaration by establishing a Mutual Commitment Registry;
NOW, THEREFORE, be it ordained by the City of Moab that Chapter 9.44 of the Moab
Municipal Code Relating to the Establishment of a Mutual Commitment Registry is
hereby adopted as follows:
CHAPTER 9.44
MUTUAL COMMITMENT REGISTRY
Sections:
9.44.010
9.44.020
9.44.030
9.44.040
9.44.050
9.44.060
9.44.010 Purpose
The City is committed to promoting justice, equality and inclusiveness in the
provision of health care and many other benefits that may be offered by the City or other
employers within city limits. It is the purpose of this Chapter to allow any two adults in a
committed relationship who meet the Mutual Commitment Registry criteria to register with
the City and to obtain a certificate attesting to their status.
9.44.020 Eligibility Requirements for the Mutual Commitment Registry
To be eligible to register a relationship of mutual commitment with the City of Moab,
two individuals (the "declarants") must meet the following criteria:
A. Be persons eighteen years of age or older and be unmarried according to the
laws of the State of Utah;
B. Freely declare that they are solely and mutually committed to each other;
C. Be competent to contract;
D. Be directly dependent upon, or interdependent with, each other, sharing a
common financial obligation that is evidenced by acceptable documentation.
Acceptable documentation shall include any three (3) of the following five (5)
documents:
1. A joint loan obligation, mortgage, or a lease of joint ownership of a
vehicle;
2. A life insurance policy, retirement benefits account, a will of trust of one
declarant designating the other declarant as beneficiary thereto, or a will
of trust of one declarant which designates the other declarant as
executor or successor trustee;
3. A mutually granted power of attorney for purposes of health care of
financial management;
4. Proof showing that one declarant is authorized to sign for purposes of
the other declarant's bank or credit account;
5. Proof of a joint bank or credit account.
E. Currently share a primary residence within Moab city limits. For these
purposes, primary residence means the place where both declarants reside. The
legal right to occupy the residence need not be joint; and,
F. Execute a Declaration of Mutual Commitment, attesting to the foregoing
requirements and attesting that the parties are in a relationship of mutual
commitment, support and caring, that they are responsible for the each other's
physical and financial welfare, and that they have the intention to remain in that
relationship.
9.44.030 Declaration of Mutual Commitment
A. Mutual Commitment declarants shall make an official record of their
relationships by executing a Declaration of Mutual Commitment on the form
prescribed by the City.
B. The Declaration must include a statement that the persons are in a relationship
of mutual commitment, support and caring and are responsible for each other's
welfare.
C. The Declaration must include a statement that both persons agree to file a notice
of the termination of the relationship if there is a change in the status of their
relationship such that they cease to meet the criteria of the Mutual Commitment
Registry.
D. The sworn Declaration shall include the date on which the Mutual Commitment
was registered, the mailing address (es) of both declarants, and the notarized
signatures of both declarants. The Declaration shall further state that the
declarants meet all the criteria for the Mutual Commitment registry set for in
Section 9.44.020.
E. The City shall have no duty to verify the information provided by the individuals
filing the Declaration of Mutual Commitment.
9.44.040 Termination of Mutual Commitment
A Mutual Commitment ends when:
A. Either of the declarants dies; or
B. One or both declarants execute a notice of termination, stating that one or more
of the criteria listed in section 9.44.020 no longer applies. if only one of the
declarants executes the notice of termination, then that declarant shall attest to
the fact that he or she has sent a copy of the notice of termination to the other
declarant at the other declarant's last known address. This notice requirement
does not apply if the termination of the Mutual Commitment is due to the death
of one of the declarants.
C. A person cannot register a Mutual Commitment until at least six months after
any other Mutual Commitment of which he or she was a declarant ended and a
notice that the Mutual Commitment ended was given. This does not apply if the
earlier Mutual Commitment ended because one of the individuals died.
9.44.50 Registration, Fee and Amendment
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A. The City Recorder's Office will keep a record of all Declarations of Mutual
Commitment and of all notices terminating a Mutual Commitment.
B. The fee for filing a Declaration of Mutual Commitment shall be $25.00. The
payment of this fee entitles the persons filing the Declaration of Mutual
Commitment to two (2) certified copies of the official Declaration.
C. No fee will be charged for filing a notice terminating a Mutual Commitment.
D. An amendment to a Declaration may be filed by a declarant with the City
Recorder's Office at any time to show a change in his or her mailing address. The
record will be maintained so that amendments and notices terminating a Mutual
Commitment are filed with the Declaration of Mutual Commitment to which they
apply.
9.44.60 Privileges and Benefits
A. Use and Access to City Facilities and Programs. All facilities owned and operated
by the City, including but not limited to recreational facilities and programs,
shall allow those listed on the Mutual Commitment Registry, and his or her
children, to be included in the privileges and benefits accorded a spouse and
children for the purpose of access to city facilities and programs. For employee
health insurance, benefits shall be provided within the parameters of the City's
in -effect health insurance contract.
B. Other Benefits. The City may, from time to time, be requested by the City
Council or Administration or private employers within the City to have the
registry act as verification of Mutual Commitment status for other benefits
which meet the purpose of this ordinance to promote the public health, safety
and welfare of its citizens. Such requests may be granted by the City Council.
This ordinance shall go into effect 30 days after the day of passage.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of
Moab City Council on the 22''d day of October, 2013.
SIGNE
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David L. Saicriscn, Mayor
Rachel Stenta, Recorder