HomeMy WebLinkAboutOrdinance - 3-2012 - Amending City Code 5.73 Relating to Domestic Partnership - 02/02/2012 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.3-2012
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5, BY CHANGING THE TITLE AND BY ADDING SECTION
5.73 RELATING TO REGISTRATION FOR DOMESTIC PARTNERSHIP, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. The Title of City Code Chapter 5 is amended to read "OTHER
BUSINESS AND PERSONAL REGULATONS, LICENSING AND REGISTRATION.
Section 2. City Code Chapter 5 is amended by adding Section 5.73 entitled Domestic
Partnerships as follows:
SECTION 5.73 ❑OMESTIC PARTNERSHIPS
Subd. I. Purpose and Findings. The City of Eden Prairie authorizes and establishes a
voluntary program of registration of domestic partners. The domestic partnership registry is a
means by which unmarried, committed couples who reside in Eden Prairie and who share a life
and home together may document their relationship. Eden Prairie's Domestic Partnership
ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are
available to married couples under state or federal law. The City of Eden Prairie cannot provide
legal advice concerning domestic partnerships. Applicants and registrants may wish to consult
with an attorney for such advice including but not limited to: wills, medical matters, finances and
powers of attorney, children and dependents, medical, health care and employment benefits.
Subd. 2. Definitions. The following words and phrases used in this Section have the meanings
given in this Section.
A. Domestic Partner. Any two adults who meet all the following:
1. Are not related by blood closer than permitted under marriage laws of the state.
2. Are not married.
3. Are competent to enter into a contract.
4. Are jointly responsible to each other for the necessities of life.
5. Are committed to one another to the same extent as married persons are to each
other, except for the traditional marital status and solemnities.
6. Do not have any other domestic partner(s).
7. Are both at least 18 years of age.
8. Reside in Eden Prairie.
B. Domestic Partnership. The term "domestic partnership" shall include, upon production of
valid, government-issued documentation, in addition to domestic partnerships registered
with the City of Eden Prairie, and regardless of whether partners in either circumstance
have sought further registration with the City of Eden Prairie:
a) Any persons who have a currently-registered domestic partnership with a
governmental body pursuant to state, local or other law authorizing such
registration. The term domestic partnership shall be construed liberally to
include unions, regardless of title, in which two individuals are committed
to one another as married persons are traditionally committed, except for
the traditional marital status and solemnities.
b) Marriages that would be legally recognized as a contract of lawful
marriage in another local, state or foreign jurisdiction, but for the
operation of Minnesota law.
Subd 3. Registration of Domestic Partnerships.
A. The City Clerk shall accept an application in a form provided by the City to register
domestic partners who state in such application that they meet the definition of domestic
partners.
B. The City Clerk shall charge an application fee for the registration of domestic partners
and shall charge a fee for providing certified copies of registrations, amendments, or
notices of termination. The fees required by this Section shall be in the amount set forth
in the Fee Resolution adopted by the City Council, as the same may be amended from
time to time.
C. The City Clerk shall provide each domestic partner with a registration certificate. The
registration certificate shall not be issued prior to the third working day after the date of
the application.
D. This application and certificate may be used as evidence of the existence of a domestic
partner relationship.
E. The City Clerk shall keep a record of all registrations of domestic partnership,
amendments to registrations and notices of termination. The records shall be maintained
so that amendments and notices of termination are filed with the registration of domestic
partnership to which they pertain.
F. The application and amendments thereto, the registration certificate, and termination
notices shall constitute government data and will be subject to disclosure pursuant to the
terms of the Minnesota Government Data Practices Act.
Subd. 4 Amendments. The City Clerk may accept amendments for filing from persons who
have domestic partnership registrations on file, except amendments which would replace one of
the registered partners with another individual.
Subd S. Termination of Domestic Partnership. Domestic partnership registration terminates
when the earliest of the following occurs:
1. One of the partners dies; or
2. Forty-five days after one partner: a) sends the other partner written notice, on a form
provided by the City, that he or she is terminating the partnership; and b) files the notice
of termination and an affidavit of service of the notice on the other partner with the City
Clerk.
Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation"and Section 5.99, entitled
"Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3'd day
of January 2012, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 17`h day of January, 2012.
K leen Porta, City Clerk N nc a- ns, or
PUBLISHED in the Eden Prairie News on the 6',101441 4T
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.3-20I2
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 5, BY CHANGING BY CHANGING THE TITLE AND BY ADDING
SECTION 5.73 RELATING TO REGISTRATION FOR DOMESTIC PARTNERSHIP,AND
ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS.
Summary: The Title of City Code Chapter 5 is amended to read "OTHER BUSINESS AND
PERSONAL REGULATONS, LICENSING AND REGISTRATION.
The Ordinance defines Domestic Partner and Domestic Partnership, provides a process for two
individuals to register and amend as Domestic Partners with the City and provides when a Domestic
Partnership terminates.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
K thleen Porta, City Clerk AN ncy a- or
PUBLISHED in the Eden Prairie News on January 26, 2412.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
11RY NESOTA
OF
SUMMARY OF ORDINANCE State of Minnesota )
NO. 2-20I2 )SS.
AN ORDINANCE OFTHE CITY
OF EDEN PRAIRIE,MINNESOTA County of Hennepin }
AMENDING CITY CODE CHAP-
TER 2 BY AMENDING SECTION
2.96,SUBDIVISION-%RELATING
TO DISPOSAL OF UNCLAIMED
PROPERTY,AMENDING SECTION Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the
2.86,SUBD.8,RELATING TO DIS- publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
POSAL OF EXCESS PROPERTY, herein stated as follows:
AND ADOPTING BY REFERENCE
CITY CODE CHAPTER I AND SEC- (A)This newspaper has complied with the requirements constituting qualification as a legal
TIOAI2 CIi.Al13ONGOTHER
TWNGS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
CONTAIN A PENATLY PROVISION. amended.
Summary: The ordinance
amends Chapter 2 of the City Code (B)The printed public notice that is attached to this Affidavit and identified as No,��
by amending Section 2.86, Subdi- was published on the date or dates and in the newspaper stated in the attached Notice and said
vision 2 to establish a process by Notice is hereby incorporated as part of this A1Fdavit.Said notice was cut from the columns of
which a finder of property may the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
claim found property deposited inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
with the City. and ub]ication of the Notice:
The ordinance also amends p
Chapter 2 of the City Code by
amending Section 2.86.Subdivision abcdefghijkimnopgrstuvwxyz
3 by changing the value of excess
property that may be sold by salenegoti-
ated y
sale,public auction,or sale to $ G(
the highest bidder.
Effective Date: This Ordi- Laurie A.Hartmann
nance shall take effect upon pub-
lication.
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Kathleen Porte,City Subscribed and sworn before me on
Cleric
(A full copy of the text of this
Ordinance is available from City
Clerk.) thisl day of 12
(Published in the Eden Prairie
News on Thursday January 26,
2012F No. 271) .r v r• �.. .�+.r�v
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