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2023-874 FILE ORDINANCE No. 2023-0874 An Ordinance creating Section 1-21(c) to collect a fee for Notary Public Services not related to official City Business Whereas, the City of Janesville has several Notary Publics within various departments who frequently are asked to perform Notary Public Services for members of the public; and Whereas, when Notary Public services are requested for non-city business, the City of Janesville seeks to recover a fee for services in order to continue to serve its customers efficiently and effectively; and Whereas the following section will be added to allow for Notary Public Services within the City of Janesville government for all non-city business to recover a fee as allowed in Wisconsin State Statutes 140.02(9)(d), as from time to time amended or renumbered. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 1-21 (c) of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "1-21 (c) 1. Pursuant to the laws of the State of Wisconsin, Notary Publics acting on behalf of the City of Janesville are witnessing signatures on various documents and often swearing-in persons on oath . The Notary Public does not verify the accuracy or legality of the document being signed. Prior to performing the notary services for the customer, all non-city business related Notary Public services shall require the customer to pay a fee to the City Clerk-Treasurer's Office for such service as set forth in State Statute 140.02(9)(d), as from time to time amended or renumbered. 2. City of Janesville Notaries shall: a. Notarize documents for signers who are physically present and can be properly identified. Customers may not pre-sign documents. b. Confirm the identity and signature of all individuals against a valid government-issued photo identification card (i.e. driver's license or state ID). c. Notarize documents written in English only. d. Notarize complete documents, which shall not contain blanks or missing information or pages. e. Notarize only `original' documents bearing the signer's original, wet-ink signature (not a photocopy or fax of a signed document) 3. City of Janesville Notaries shall not: a. Not notarize copies of passports, 1-9 forms, closing paperwork, financial documents, trusts or wills. b. Not be responsible for reviewing content of the paperwork presented or executing documents (ex.: mortgage documents should be taken to a bank or mortgage company). c. Not certify copies of documents or notarize that a record is an original or true copy of another record. If you need a 'certified true copy' of a document, customers must go to the place of origin to obtain it. d. Not certify that a statement is true or certify documents attesting that they are a citizen, are alive, etc. e. Not notarize documents that are post-dated. f. Not perform a notarial act electronically. 4. The City of Janesville staff does hereby reserve the right to refuse to notarize any document." Now therefore be it resolved that the City Council, acting as the governing body hereby adopt this section 1-21(c) that establishes a fee for Notary Public Services not related to City Business in an amount not to exceed the amount allowed by state statute, and as included in the Fee Schedule; and Be it further resolved that City of Janesville staff members who are Notary Public officials on behalf of the City within their official capacity shall begin collecting the fee when this Ordinance is enacted and shall follow the requirements and duties set forth in this Ordinance. ADOPTED: September 25, 2023 Motion by: Williams APPROVED: Second by: Marshick Councilmember Aye Nay Pass Absent Benson X Burdick X Kevin M. Lahner, City Manager Jackson X ATTEST: Marshick X /7/1/a/4& Miller X Neeno X Lorena Rae Stottler, City Clerk-Treasurer Williams X APPROVED AS TO FORM: ,e/ezicr/W Wald Klimczyk, City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer File Ordinance 2023-0874 establishing$5 Notary Fee for Non-city business Wald