HomeMy WebLinkAbout2008-OR-34Ordinance No. 2008-OR-0034
An Ordinance Establishing Fees And Costs
Associated With The Closure of the Clark Memorial Bridae
WHEREAS, the City of Jeffersonville, Indiana is located on the historic and
beautiful Ohio River;
WHEREAS, Jeffersonville and Louisville, Kentucky are connected by several
bridges, one of which is the Clark Memorial Bridge:.
WHEREAS, the Clark Memorial Bridge is a four (4) lane bridge, two (2) lanes
traveling both North and South;
WHEREAS, the Clark Memorial Bridge terminates on the Jeffersonville side at or
near the Missouri Avenue, East Court Avenue, North Shore and West Market Streets;
WHEREAS, these streets are conducive to foot traffic, bicycle traffic and other
modes of transportation other than motorized vehicles;
WHEREAS, because of its location and the fact that it is conducive to ped-
transportation many events are conducted wherein the bridge is closed for vehicular
traffic and people are permitted to either run, walk or ride their bicycles across the
bridge;
WHEREAS, many, if not most, of these closures are precipitated by not-for-profit
organizations conducted runs, walks or rides to benefit their charity. Most, if not all, of
these benefits require participants to pay money to be given the opportunity to
ultimately traverse the closed bridge;
WHEREAS, when the bridge is closed the City of Jeffersonville must provide
police protection and other safety services in order to insure that vehicles do not enter
the bridge or the area adjacent thereto. This results in an additional cost to the city as
well as the reapportionment of manpower;
WHEREAS, the City of Louisville, Kentucky controls the entry/exit on the
southern side of the bridge. The City of Louisville charges each charity, organization or
other individual an hourly fee for each hour the bridge is closed;
WHEREAS, the City of Jeffersonville has never charged organizations,
individuals or other entities a fee for bridge closure:
WHEREAS, the City of Jeffersonville, like the City of Louisville, incurs costs as a
I'arie I nl
direct result of the bridge closures;
WHEREAS, not all citizen-taxpayers of Jeffersonville benefit from those charities
Howeveanaho 4zenhtaxpaye s contribute 9o the payment of those addit onag costs ure.
WHEREAS, in order to assist in defraying those costs and to insure an equitable
distribution of the tax burden upon the citizen-taxpayers of Jeffersonville, a fee shall be
assessed to those organizations, individuals or entities that request closure of the
bridge;
SO, BE IT ORDAINED THAT:
SECTION ONE: The City of Jeffersonville, Indiana shall assess a fee in the amount
Thousand Dollars) to be paid by any individual,
of $1,000 (One
organization or entity that request the Clark Memorial Bridge be
rder to facilitate that individual..
i
n o
closed for any period of time
organization or entities event that utilizes the Clark Memorial
Bridge;
SECTION TWO: The fee shall be paid not less than seven (7) business days prior to
the closure;
SECTION THREE: ThousandeDollars) foh closure of the C afrk Memorial Bridge
(
One
during that time frame and period prior to and subsequent to
Thunder Over Louisville;
SECTION FOUR: The monies collected as a result of assessing said fee shall be
the Jeffersonville Police Department Budget for the
i
n
deposited
payment of Major Moves Non-Reverting Fund.
SECTION FIVE: If any provision of this Ordinance or application thereof to any
erson or circumstance is held unlawful or otherwise invalid such
p
invalidity does not affect other provisions or applications of this
ithout the invalid application
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Ordinance which can be given effec
or provision and to this end each such invalid provision or
d t
o
application of this Ordinance is severable it is hereby declare
the intent of the Jeffersonville City Council that this Ordinance
be
uld have been issued had any such unlawful or otherwise invalid
wo
provision or application not be included.
Pale 2 of 2
Severabilitv Clause:
Should any section, paragraph, sentence. clause or phrase of this ordinance, or its application
to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason,
or should any portion of this ordinance be preempted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Voted Against:
Passe
Attest:
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
City of Jeffersonville, Indiana/on this _ day of , 2008.
t J'C~ z_ G ~ /1~~SL.~
Peg ilder, Clerk-Treasurer