HomeMy WebLinkAboutord2012-016clean WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-130
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: Frank Abaft 3 / 27 / 2012 Introduction
Division Head: Frank Abaft n ' (�v E i V . 1 U 4 / 10 / 12 Hearing
Dept. Heath Frank Aba //�� 3/4 MAR 2 0 2012 .
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Prosecutor: Dan Gibson % 03ri`�/rL WHATCOM COUNTY
COUNCIL
PurchasingBudgef:
Executive: Jack Lou -410 A 3 -• Vee ' v
TITLE OF DOCUMENT:
Ordinance amending WCC 10.34, Ferry Rates, and Unified Fee Schedule.
ATTACHMENTS:
Ordinance, Exhibits A and B
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( . ) NO
SEPA review completed? ( ) Yes ( X ) NO Requested Date:
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 and corresponding Whatcom County Unified Fee Schedule to
incorporate the Whatcom County Citizens' Task Force for the Lummi Island Ferry recommendation to offer free passenger
and pedestrian passage for all children under the age of nineteen ( 19) all year round .
COMMITTEE ACTION: COUNCIL ACTION:
3 / 27 / 2012 : Introduced
4 / 10 / 2012 : Council Adopted 7 -0
Ord . 2012-016
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2012-016
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.
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13 SPONSORED BY : Frank Abart
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15 PROPOSED BY : Public Works
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17 INTRODUCTION DATE : 3 / 27 / 2012
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21 ORDINANCE NO . 2012-016
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23 AMENDING WHATCOM COUNTY CODE CHAPTER 10. 34 FERRY RATES AND
24 CORRESPONDING WHATCOM COUNTY 2012 UNIFIED FEE SCHEDULE
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28 WHEREAS, Chapter 10 . 34 of the Whatcom County Code addresses administration of
29 ferry rates and an interpretation of the rate schedule included in the Whatcom County Unified •
30 Fee Schedule ; and
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32 WHEREAS, The Whatcom County Citizens' Task Force for the Lummi Island Ferry
33 recommended that free passenger and pedestrian passage be offered to all children under the
34 age of nineteen ( 19) all year round ;
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36 WHEREAS, Public Works has done a review and concurs with this recommendation ;
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38 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
39 County Code 10 . 34 is hereby amended as shown in Exhibit A to this ordinance, and
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41 BE IT FURTHER ORDAINED that the Unified Fee Schedule be amended as set forth in
42 the attached Exhibit B to this ordinance, and
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44 BE IT FURTHER ORDAINED that the amended fares set forth in Exhibit B shall be
45 effective fifteen ( 15 ) days after the date of signature of this ordinance by the Whatcom County
46 Executive or as otherwise enacted .
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3 ADOMRIj,his 10th day of April , 2012 .•6 ATE �k — ,.,, •�%'�� WHATCOM COUNTY, WASHINGTON
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12 Dan . ,provv'ra® ,. 'tili %lerk o[ he Council Kathy Kershner, Council Chair
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16 WHATCOM COUNTY EXECUTIVE
17 - WHATCOM COUNTY, WASHINGTON
18 APPROVED AS TO FORM :
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20 �����vi""I J Jam. 4A1. . 03l»i/17. __
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22 Civil Deputy Prosecutor Jack Lo s, Coun Executive
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24 ( X5 Approved ( ) Denied
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27 Date Signed : AIL
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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 . 2010-054 Exh . A, Ord . 2008-052 Exh . A, Ord .
2008-017 Exh . A; Ord . 2007001 Exh . A; Ord . 2005-090 Exh . A) .
10834.010 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 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; 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.
J . 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
income levels listed below. These special tickets will only be sold at the Whatcom County
treasurer's office in Bellingham and will require proof of income and family size . Eligibility
will be reviewed at least annually . Forms and procedures will be developed by the
Whatcom County treasurer's office .
1 . Family of four or more with less than $40, 000 total annual income ;
2 . Family of three with less than $ 30 ,000 total annual income ;
3 . Family of two with less than $ 20, 000 total annual income ;
4 . Individual with less than $ 10, 000 total annual income .
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 . Eligibility for a special "senior/disabled" discount is also available to all
Lummi Island residents that also qualify for medical assistance within the Medicaid
Program .
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 .
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 .
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Exhibit B - 2012 Unified Fee Schedule Amendment Department Fees and Charges
Public Works - Ferry & Docks
UFS# Description 2010 Rate 2012 Rate Rate Basis Authorization Authority
Pedestrians
1 . 5043 Passenger/Pedestrian $ 4. 00 $ 4. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
2 . 5045 Passenger/Pedestrian - Multiride $ 40 . 00 $ 40. 00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑
3. 5046 Children under 12 W/ Parent $ 0. 00 $ . 0. 00 1 Round Trip WCC 10.34 . Ordinance 2008-052 ❑
4. 5047 Children 12 to Under 19 yrs - $ 0. 00 $ 0. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
6. 5049 Needs Based Passenger/Pedestrian $ 17. 00 $ 17. 00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑
(Senior/Disabled/Income)
7. 5050 Post-High School Full-time Students $ 23. 00 $23. 00 25 Round Trips wcc 10.34 Ordinance 2008-052 ❑
8. 5051 Lummi Tribe W/ I . D. $ 0. 00 $ 0. 00 Foot Passage Only WCC 10.34 Ordinance 2008-052 ❑
Passenger Vehicles
9 . 5052 Bicycle W/Rider $ 4. 00 $ 4 . 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
10. 5053 Motorcycle W/Driver $ 5. 00 $ 5. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
11 . 5053PC Motorcycle W/Driver $ 80 . 00 $ 80. 00 25 Round Trips WCC 10.34 Ordinance 2008-052
12 . 5054 Vehicle W/Driver < 8 , 001 lbs. $ 10. 00 $ 10. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
13. 5055 Vehicle W/Driver <8, 001 lbs. - Multiride $ 72. 00 $ 72 . 00 10 Round Trips WCC 10.34 Ordinance 2008-052 ❑
14. 5056 Vehicle W/Driver <8, 001 lbs. - Multiride $ 160. 00 $ 160 . 00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑
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Exhibit B - 2012 Unified Fee Schedule Amendment Department Fees and Charges
Public Works - Ferry & Docks
UFS# Description 2010 Rate 2012 Rate Rate Basis Authorization Authority
15. 5057 Needs Based Vehicle W/Driver $ 36. 00 $ 36. 00 10 Round Trips WCC 10.34 Ordinance 2008-052
Senior/Disabled/Income ❑
Larger Vehicles
16. 5058 Vehicle W/Driver 8, 001 - 20, 000 lbs. $ 29. 00 $ 29 . 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
17. 5059 Vehicle W/Driver 8, 001 - 20 , 000 lbs. $ 207. 00 $ 207. 00 10 Round Trips WCC 10.34 Ordinance 2008-052 ❑
18. 5060 Vehicle W/Driver 20, 001 - 36, 000 lbs. $ 65. 00 $ 65. 00 1 Round Trip wcc 10.34 Ordinance 2008-052 ❑
19. 5061 Vehicle W/Driver 20, 001 - 36, 000 lbs. $494. 00 $ 494. 00 10 Round Trips WCC 10.34 Ordinance 2008-052 ❑
20. 5062 Vehicle W/Driver 36, 001 - 50, 000 lbs. $ 130. 00 $ 130. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
21 . 5063 Vehicle W/Driver 36, 001 - 50, 000 lbs. $ 1040. 00 $ 1040. 00 10 Round Trips WCC 10.34 Ordinance 2008-052 ❑
22. 5064 Trailer under 16 feet $ 15. 00 $ 15. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
23. 5065 Trailer 16 - 30 feet $ 31 . 00 $ 31 . 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
24. 5066 Trailer over 30 feet $ 60 . 00 $ 60 . 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑
25. 5067 Over width Vehicle/Trailers > 1 Lane 50%Surcharge 50%Surcharge Surcharge WCC 10.34 Ordinance 2008-052 ❑
Special Trips
26. 5068 Special Trips after regularly $575 . 00 $575 . 00 Per trip surcharge WCC 10.34 Ordinance 2008-052 ❑
scheduled runs
Surcharge
27. 5044 Per Trip Surcharge $0. 00 $3. 00 1 Round Trip WCC 10 . 34 Ordinance 2010-054