HomeMy WebLinkAboutres2014-007 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 — 93
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 2/11/2014 2/11/2014 Other Business
Division Head:
Wit.Head: -
Prosecutor'
Purchasing/Buddet:
Executive:
TITLE OF DOCUMENT:
Res to amends RCW 82.47 to conform to RCW 36.72 re:transportation Improvements
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) 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.)
Calling on the Washington State Legislature to amend RCW 82.47 as needed to conform to RCW 36.72 with respect to the transportation
Improvements that may be supported with funds derived from a motor vehicle fuel excise tax duly fixed, imposed and collected by a Border Area
Transportation Benefit District
COMMITTEE ACTION: COUNCIL ACTION:
2/11/2014:Council Approved 7-0 Res.2014-007
Related County Contract#: Related File Numbers: Ordinance or Resolution
Number: R2014-07
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.
PROPOSED BY: BRENNER
SPONSORED BY: BRENNER
INTRODUCTION DATE: 2/11/2014
RESOLUTION NO. 2014-007
CALLING ON THE WASHINGTON STATE LEGISLATURE TO AMEND RCW 82.47 AS NEEDED
TO CONFORM TO RCW 36.72 WITH RESPECT TO THE TRANSPORTATION IMPROVEMENTS
THAT MAY BE SUPPORTED WITH FUNDS DERIVED FROM A MOTOR VEHICLE FUEL
EXCISE TAX DULY FIXED, IMPOSED AND COLLECTED BY A BORDER AREA
TRANSPORTATION BENEFIT DISTRICT
WHEREAS, the Washington State Legislature has authorized counties and cities to
establish special Transportation Benefit Districts (TBDs) to achieve a broad range of
"transportation improvements," including public transportation (RCW 36.73); and
WHEREAS, the Washington State Legislature has authorized TBDs with an international
border crossing within its boundaries to impose a fuel excise tax, not to exceed one cent per
gallon, subject to the approval of a majority of the registered voters of the TBD, and to use such
revenues solely for the purposes of border area jurisdiction "street maintenance and construction"
(RCW 82.47); and
WHEREAS, the Whatcom County Council has created the Point Roberts Transportation
Benefit District (PRTBD), governed by the Whatcom County Council acting ex officio and
independently and with the Whatcom County Treasurer acting as the ex officio treasurer of the
PRTBD (Ordinance 91-217A); and
WHEREAS, a proposal for enactment of the local option gasoline tax, pursuant to
Whatcom County Council Resolution 91-059, was approved by the voters of the PRTBD at the
general election of November 5, 1991; and
WHEREAS, the Whatcom County Council resolved that there shall be levied, and the
proceeds therefrom collected by the Whatcom County Treasurer, a tax of one cent per gallon on
the retail sale of gasoline within the boundaries of the PRTBD, to be used solely for transportation
purposes as allowed by state law (Resolution 92-002); and
WHEREAS, the citizens of Point Roberts, as represented by the Point Roberts Registered
Voters Association, Point Roberts Taxpayers Association, Point Roberts Parent Teacher
Organization, and Point Roberts Community Advisory Committee, have proposed using PRTBD
fuel tax revenues to improve public transportation services, in particular and most immediately to
fund or reimburse the costs of providing "turnout" school bus service by the Blaine School District
(or other provider) to accommodate Point Roberts students attending Blaine Middle and
Secondary Schools who remain late for sports or other extracurricular activities; and
WHEREAS, the Blaine School District provides return school bus service to Point Roberts
only for those students departing immediately after classes, thereby imposing transportation
hardships on students and their parents if they wish to remain after school for sports or other
extracurricular activities; and
WHEREAS, the Superintendent of Blaine School District has expressed his willingness and
support for providing additional "turnout" school bus services if a their costs can be separately
funded; and
WHEREAS, the fuel excise tax revenues collected by the Whatcom County Treasurer and
controlled by the Whatcom County Council on behalf of the PRTBD do not constitute "state
revenues" and, therefore, are not subject to the restrictions imposed by the 18th Amendment to
the Washington State Constitution.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that it is in the
interest of the PRTBD and other border area TBDs within Whatcom County, to allow fuel excise
tax revenues to be used for a broad range of transportation improvements, as defined in RCW
36.73, under which TBDs are authorized generally within the State of Washington.
BE IT FINALLY RESOLVED that the Whatcom County Council calls upon the Washington
State Legislature to revise RCW 82.47, under which border area TBDs may impose a fuel excise
tax, to conform v h RCW 36.73 with respect to the allowed uses of all funds available to border
osii area TBDs 0° U ��,fr�fJ
�ycl R�i,is. c l t 1 day of February , 2014.
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ATTI S ;: 1:3\\ ,x = WHATCOM COUNTY COUNCIL
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Dana I ;owri cads ':clerk`of tote Council Carl Weimer, Council Chair
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ivil Deputy Prosecutor