Memo- Second Reading of Ordinance 2011-1035CITY OF HOPKINS
• MEMORANDUM
To: Hopkins City Council
From: Jim Genellie
Date: September 19, 2011
Subject: Second Reading of Ordinance 2011-1035
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2011-1035 for second reading and order published and adopt Resolution
2011-048 establishing fees.
After the discussion at the September 6 City Council meeting regarding public data, staff is
recommending that the form require names and addresses and simply inform anyone registering that
all of the data on the form is public.
Attachments:
• Ordinance 2011-1035
• Resolution 2011-048
0 Registration Form
• Termination Form
0
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2011-1035
AN ORDINANCE ESTABLISHING
SECTION 1025 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 1025 be added to read as follows:
Section 1025 - Domestic Partnerships
1025.01 Purpose. The City of Hopkins 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 Hopkins and who share a life and home together
may document their relationship.
Hopkins'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 Hopkins 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
41 care and employment benefits.
1025.03 Definitions. The following words and phrases used in this Code have the meanings
given in this Section.
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 Hopkins.
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 Hopkins, and regardless of whether partners in either circumstance have sought
further registration with the City of Hopkins:
•
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.
1025.05 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 Section 1010 of this Code.
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.
40 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.
1025.07 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.
1025.09 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.
0 Section 3. The effective date of this ordinance shall be the date of publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
September 6, 2011
September 27, 2011
October 6, 2011
October 6, 2011
APPROVED AS TO FORM AND LEGALITY:
•
City Attorney Signature
•
Date
Gene Maxwell, Mayor
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2011-048
RESOLUTION ESTABLISHING A FEE
FOR DOMESTIC PARTNERS REGISTRATION
WHEREAS, the Hopkins City Code authorizes the City Council to set fees by
Resolution, and;
WHEREAS, the City Council has adopted an ordinance establishing a Domestic
Partners Registration;
WHEREAS, the City needs to offset the cost of providing fee based services;
THEREFORE BE IT NOW RESOLVED that the following fees shall be for
services in connection with Domestic Partners Registrations:
Registration Fee................$25.00
• Additional Certificates .......... $2.00 per certificate
Adopted by the City Council of the City of Hopkins this 27th day of September 2011.
ATTEST:
Terry Obermaier, City Clerk
CJ
Eugene J. Maxwell, Mayor
City of Hopkins
Application for Registration as a
Domestic Partnership
We hereby apply to register as Domestic Partners.
We have read and understand the terms and conditions of Section 1025 of the
Hopkins City Code of Ordinances attached to this registration.
We affirm that we meet the definition of Domestic Partners and are eligible for
registration.
We have enclosed a check for $25.00, made payable to the City of Hopkins for
the application fee.
Once application approved, one certificate will be issued to each applicant free of
charge. Extra certificates are available for $2.00 per copy.
Applicant Information
Names
Print Sig
Prin
Address
Street
W
City Hopkins State MN Zip
Date
Date
Information collected on this document is public and will be available to whoever
requests this data pursuant to the Minnesota Government Data Practices Act.
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged and signed before me this day
of ,
by
Applicant Name
Notary Public
My Commission expires on
and
Applicant Name
(.Seal)
• Return to: City Clerk's Office, 1010 1St St S, Hopkins, MN 55343
For information call the City Clerk's Office 952-548-6304
Section 1025 - Domestic Partnerships
1025.03 Definitions. The following words and phrases used in this Code have the meanings
given in this Section.
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 Hopkins.
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 Hopkins, and regardless of whether partners in either circumstance have sought
further registration with the City of Hopkins:
• 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.
1025.05 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 Section 1010 of this Code.
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.
1025.07 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.
1025.09 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.
•
0
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•
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City of Hopkins
Termination of a
Domestic Partnership
I request termination of my domestic partnership and affirm that I have reviewed and
complied with the termination provisions of Hopkins City Code, Section 1025.09.
Termination requested by
Print Name
Domestic Partner
Print Name
Current Address
Current Address
City
City
State and Zip Code
State and Zip Code
Signature
Date
Information collected on this document is public and will be available to whoever
requests this data pursuant to the Minnesota Government Data Practices Act.
Return to: City Clerk's Office, 1010 1st St S, Hopkins, MN 55343
For information call the City Clerk's Office 952-548-6304