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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 o o 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 ,/,/,,Th David L. Saicriscn, Mayor Rachel Stenta, Recorder