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Home My WebLink Aboutord2013-042 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-253 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: FrankAbart 7/9/2013 Introduction R E C E �l � D 7/23/2013 Hearing Division Head: Frank Abart f Dept.Head: Frank Abart ' ,'"/1I'% JUL 1 2013 Prosecutor: ..__ WWI WHATCOM COUNTY 413 COUNCIL Purchasing/Budget.• i Executive: JackLouws pp. �,2t S' TITLE OF DOCUMENT: Ordinance amending WCC , erry Rates ATTACHMENTS: Ordinance, Exhibit A SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ()() Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 7 123/2013 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends Whatcom County Code 10.34 paragraphs K and L. Both paragraphs concern the Needs Based ticket program. This ordinance amends the income limits from a set amount to the Dept. of Housing and Urban Development(HUD) Very Low Income Levels which are modified each year. It also changes the Needs Based ticket sales location from the Whatcom County Treasurer's Office to the Whatcom County Public Works Administration Building. These changes will occur within sixty(60) calendar days from the adoption date of the ordinance. COMMITTEE ACTION: COUNCIL ACTION: 7/09/2013: Introduced 7/23/2013: Council Adopted 7-0 Ord. 2013-042 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2013-042 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 1 PROPOSED BY: Frank Abaft 2 SPONSORED BY: Public Works 3 INTRODUCTION DATE: 7/9/2013 4 5 6 ORDINANCE NO. 2013-042 7 8 AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES 9 10 WHEREAS, Chapter 10.34 of the Whatcom County Code addresses administration 11 of the special Needs Based discount for Lummi Island residents; and 12 13 WHEREAS, the Public Works Department would like to change the income levels to 14 the Department of Housing and Urban Development (HUD) Very Low Income Levels; and 15 16 WHEREAS, the sales location of the Needs Based tickets requires a change from the 17 Whatcom County Treasurer's Office to the Whatcom County Public Works Administration 18 Office; and 19 20 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 21 Whatcom County Code 10.34 is hereby'amended as shown in Exhibit A to this ordinance, 22 and 23 24 BE IT FURTHER ORDAINED these changes will occur within sixty (60) calendar 25 days from the adopted date of the ordinance. 26 27 ADOPT,IfiDIttilsrr�j3rc1 day of July , 2013 28 ••,N`�� C,0 Li A;"/./F 29 30 A � • y'AP 0 • � WHATCOM COUNTY COUNCIL 31 ATT - 4 . VN WHATCOM COUNTY, WASHINGTON 32 - �111111 -`" 33 may ► ... a • 34 � r�lG./, 35 Dana .�owri-i .i , '•.• 0-Council Kathy Ke - er/ouncil Chair 37 i/i��ll"��11`*�� 38 WHATCOM COUNTY EXECUTIVE 39 APPROVED AS TO FORM: WHAT COUNTY, WASHINGTON 40 41 _ 42 C) 43 Civil Deli ty Pros€:utor Jack Lo s Count Executive 44 45 46 Approved ( ) Denied 47 48 Date Signed: 7/30/1 3 Page 1 EXHIBIT A Chapter 10.34 FERRY RATES Sections: 10.34.005 Definitions. 10.34.010 Effective date for ferry user fees. 10.34.020 Interpretation of rate schedule. 10.34.030 Use of ferry user fee revenues. 10.34.005 Definitions. A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B. "Operating cost" means all actual daily running expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system. C. "Capital cost" means all capital expenditures, including financing and depreciation expenses applied to the replacement, expansion, or creation of ferry system physical elements. D. "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time minus any revenue from the motor vehicle fuel tax meant for ferry operations, or from interest. E. "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the Unified Fee Schedule. F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system. (Ord. 2012-016 Exh A, Ord. 2010-054 Exh. A, Ord. 2008-052 Exh. A, Ord. 2008-017 Exh. A; Ord. 2007001 Exh. A; Ord. 2005-090 Exh. A). 10.34.010 Effective date for ferry user fees. Ferry user fees are set forth in the Whatcom County Unified Fee Schedule and become effective as set forth in the ordinance adopting or amending such schedule. (Ord. 2012-016 Exh A, Ord 2010-054 Exh. A, Ord. 2008-052 Exh. A, Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005090 Exh. A; Ord. 2002-012; Ord, 2001-064; Ord. 93-080 Exh. Q). 10.34.020 Interpretation of rate schedule. The following provisions should be observed in application of the ferry rate schedule: A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. B. Special trips are a surcharge in addition to the applicable fare. C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over-width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over-width trailers shall also be charged a 50 percent surcharge. G. Student multi-ride cards shall be sold to full-time post-high school students only. Proof of post-high school enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. Children 12 to under 19 (nineteen) years of age will receive free passenger and pedestrian passage all year round. No special child discount is available for drivers of vehicles. I. County employees on official county business shall be exempt from fares. All county employee trips exempt from fares will be tracked, and $10.00 per trip will be credited toward the fare box recovery rate each year. 3. Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. K. A special Needs Based discount is provided for Lummi Island residents who meet the very low income levels set annually by the Dept. of Housing and Urban Development(HUD). The current year's levels will be posted on the Whatcom County Public Work's Ferry web page. The Reviewing Authority will screen all applicants to determine eligibility. The number of needs-based applications processed annually, regardless of approval, will depend on the constraints of the Ferry Operations budget for each year. These special needs based tickets will only be sold at the Whatcom County Public Works Administration Building in Bellingham and will require a valid voucher issued from the Reviewing Authority and valid ID. Eligibility will be reviewed at least annually by the Reviewing Authority. Forms and procedures will be developed by the Whatcom County Public Works and the Reviewing Authority. These changes will take place within sixty (60) calendar days of the adopted date of the ordinance. L. Eligibility for a special "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458-16-020 and 458-18020, and as these may be hereafter amended. These special needs based tickets will only be sold at the Whatcom County Public Works Administration Building in Bellingham and will require valid ID. These changes will take place within sixty (60) calendar days of the adopted date of the ordinance. M. Intentionally left blank. N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward. An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. Beginning January 1, 2007, any interest income or income from state motor vehicle fuel tax for ferry operation will be deducted from the actual operating costs before the actual 55 percent fare box recovery rate is calculated. (Ord. 2012-016 Exh. A, Ord. 2010-054, Exh A, Ord. 2008-052 Exh. A; Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064). Prior legislation: Ord. 89-103