Chapter 2.15
MUNICIPAL MATRIMONY BUREAU

Sections:

2.15.010    Creation.

2.15.020    Municipal matrimony bureau – Powers and duties.

2.15.030    Service charge schedule.

2.15.040    Waiver of charges authorized.

2.15.050    All charges belong to municipality – Personal fees prohibited.

2.15.010 Creation.

There is hereby authorized and established a municipal service, to be called the municipal matrimony service, to be a companion to and associated with marriage solemnizations performed by the proper officer pursuant to and under the authority of IC 31-7-5-1. [Ord. 1000, 1995. Code 2000 § 32.60].

2.15.020 Municipal matrimony bureau – Powers and duties.

(A) In order to support the organization and administration of the municipal matrimony service as well as carry out the collection of service charges, there is hereby established in the office of the town clerk-treasurer a municipal matrimony bureau to be under the supervision of its administrator, who shall be the clerk-treasurer.

(B) The municipal matrimony bureau (hereinafter sometimes referred to as the “bureau”) is:

(1) Hereby authorized and empowered:

(a) To charge and collect on behalf of the municipality such service charges as hereinafter may be identified and authorized for the performance of marriage solemnizations to be paid by the parties desiring the service; and

(b) To provide such materials and forms as may be desirable and proper to efficiently administer the purposes and objects of this chapter, including the development of a uniform application form to be used in support of the municipal matrimony service, subject to applicable provisions of IC 36-5-6-6(2) and (3) and 5-11-9-2;

(2) Hereby instructed and directed:

(a) To design and provide an application form to be used in support of the municipal matrimony service which contains the same information called for and indicated in the most current versions of State Form 27553, or the successor of that form, known as the record of marriage, time, date, place of the wedding service, and such other information as may be reasonably related to the administration of this service; and

(b) To develop, compile, and maintain records of the services offered, charges collected, and such other information as may be desirable and to transmit a report of the activities of the bureau from time to time to the municipal legislative body. [Ord. 1000, 1995. Code 2000 § 32.61].

    Statutory reference: Clerk-treasurer authorized to conduct solemnization of marriages, see IC 31-7-5-1.

2.15.030 Service charge schedule.

(A) The service charges as set forth and contained in the following schedule of charges are hereby found and determined to be reasonable and just rates reasonably related to the administration of the municipal matrimony bureau and its delivery of services.

(B) The users of services administered and provided by the municipal matrimony bureau will be charged a standard service charge to support the following basic services:

(1) Performance of the solemnization by the proper municipal officer authorized pursuant to IC 31-11-6 et seq. at the premises of the municipal building during regular business hours.

(2) A presolemnization meeting in which the users deliver to the clerk-treasurer the wedding license as issued by the proper authority outlined in IC 31-11-4.

(3) Authorization and selection of vows and ceremony by users and delivery of five copies of the marriage vows in pamphlet form to the users.

(4) Preparation of the license and forms by the clerk-treasurer and the posting by USPS completed certificates for delivery to the proper circuit court clerk as the issuing authority.

(C) The bureau may charge and collect charges for the additional services outlined in the schedule of charges. Such charges are cumulative and will be in addition to the standard ceremony charge to be paid by users of the services of the bureau.

(D) The following schedule of fees and charges is authorized:

SCHEDULE OF CHARGES

Municipal Matrimony Bureau

Standard Ceremony Fee

$40.00

Plus any surcharges in addition to the standard ceremony fee for the following additional services or conditions described:

Peak time or holiday surcharges

Scheduled after hours or on weekend

$20.00

Scheduled during a listed holiday, add to above

$35.00

Listed holidays include:

Memorial Day

Independence Day or day as observed as a holiday by municipality

Labor Day

Thanksgiving and the Friday and Saturday following:

Christmas Eve

Christmas Day

New Year’s Eve

New Year’s Day

The holiday commonly called Good Friday

The holiday commonly called Easter Sunday

Any regularly recognized holiday whether or not observed by the town of Highland with paid time off

Venue or site surcharge

Scheduled away from premises but within municipality

$20.00

Scheduled away from premises outside the municipality

$35.00

In order to reserve a date for services, the bureau shall charge and collect a scheduling and administration fee, which may serve as a nonrefundable deposit. The scheduling and administration fee shall be applied to the credit of all fees which may be charged to users pursuant to this code. However, if the user cancels without reasonable notice, the scheduling and administration fee may be charged as nonrefundable and deducted from the balance of any refund applied for by the user.

Scheduling and administration fee

$20.00

Additional vow booklets

$2.00 each

If the clerk-treasurer cancels for any reason, the nonrefundability of the fee will be waived and all charges will be refunded upon proper application.

[Ord. 1267 § 1, 2005. Code 2000 § 32.62].

    Statutory reference: Charges and fees required to be reasonably related to cost of service, see IC 36-1-3-8(6).

2.15.040 Waiver of charges authorized.

The clerk-treasurer may waive in part or in whole the service charges and fees herein authorized and established when, in the clerk-treasurer’s judgment, such waiver is proper and desirable; provided, that such waiver shall be regularly recorded with the user application and such waivers will be included in the bureau’s report made from time to time to the legislative body. [Ord. 1000, 1995. Code 2000 § 32.63].

2.15.050 All charges belong to municipality – Personal fees prohibited.

(A) All charges and amounts collected by the bureau pursuant to this chapter shall:

(1) Be deposited and credited to the general fund of the municipality upon its receipt;

(2) Not belong to or be the property of any public official, including the clerk-treasurer or a deputy, employee, or appointee serving under same, but shall belong to and be the property of the municipality;

(3) Not be construed as a personal fee for service contemplated under any other authority nor be construed as a fee, allowance, tax, or charge as outlined and proscribed under IC 5-7-2, 33-16-27, and 36-5-6-6(10);

(4) Be construed as collected and charged by the municipal matrimony bureau on behalf of the municipality, not for the benefit of any public officer or any individual.

(B) Any public official, including the clerk-treasurer or a deputy, employee, or appointee serving under 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 municipality, according to its terms. [Ord. 1000, 1995. Code 2000 § 32.64].