HomeMy WebLinkAboutord2007-001WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006 -260
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
k'r
09 -06 -06
L J ��� u
J
September 12 2006
Introduction
—
Division Head:
k'r
09 -06 -06
September 26, 2006
Public Hearin
/
Dept. Head.
,,,,
'mnf01C
09 -06 -06
LP 0 6 2006
f { �t
��J { "liif�ll�f� i���`�t'F
10/10/2006
Public Hearing
Prosecutor-
10/24/2006
Public Works
Purchasin /Bud et:
11/21/2006
Council
12/05/2006
Introduction
Executive:
1/16/07
Public Hearin
TITLE OF DOCUMENT:
An ordinance amending Whatcom County Code 10.34 Ferry Rates, and the Unified Fee Schedule for user fees
for the Lummi Island Ferry. (Substitute Agenda Bill for 2006 -260)
ATTACHMENTS:
Memorandum, proposed Ordinance, Exhibit "A" Proposed changes to WCC 10.34, and Exhibit `B" Proposed
changes to the 2007 Unified Fee Schedule.
SEPA review required? ( ) Yes { X ) NO
Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date: September 26, 2006
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (Ifthis 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.)
Intended to replace Agenda Bill 2016 -260. An ordinance is proposed to change the provisions of Whatcom
County Code 10.34 Ferry Rates and the 2007 Unified Fee Schedule as it pertains to the user fees charged for the
Lummi Island Ferry.
COMMITTEE A CTION:
COUNCIL ACTION:
9/12/06: Introduced
10/10/06: Rescheduled to 10/24/2006
Public Works
10/24/06: Discussion held
11/21/06: Revised ordinance - will be
introduced at a later date
12/05/06: Introduction
1/16/07: Council Adopted 6 -1, Crawford
opposed Ord. 2007 -001
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2007 -001
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www .co.whatcotti.wa.us/couttcil.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
SPONSORED BY: Council
PROPOSED BY: Weimer & Brenner
INTRODUCTION DATE: December 5, 2006
ORDINANCE NO. 2007 -001
AMENDING WHATCOM COUNTY CODE
CHAPTER 10.34, FERRY RATES, AND THE
WHATCOM COUNTY UNIFIED FEE SCHEDULE
WHEREAS, Chapter 10.34 of the Whatcom County Code discusses
administration of ferry rates and an interpretation of the rate schedule, included in
the Whatcom County Unified Fee Schedule; and
WHEREAS, ferry rates are set forth in the Unified Fee Schedule; and
WHEREAS, it is necessary to amend the rates charged to users of the ferry;
and
WHEREAS, in order for the user fees to be amended as requested on Exhibit
B, it is necessary to amend Chapter 10.34 of the Whatcom County Code as shown
on Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 10.34 is hereby amended as indicated in Exhibit A to this
ordinance.
BE IT FURTHER ORDAINED that the Whatcom County Unified Fee Schedule is
hereby amended as set forth in the attached Exhibit "B ".
BE IT FINALLY ORDAINED that the amended fares set forth in Exhibit "B" shall
be effec,�iXfj„W ,9rch 1, 2007.
��'�•`� ' -pHA T 15 day of January , 2007.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan Y,148wff -C 4Council Clerk
YAPPROV D AS TO ZFORM:
uty P secutor
Carl Weimer, Council Chair
( Approved O Denied
Pee Kremen, County Executive
Date:
Z ---Z,, - �7
-2
Page 1
2
3
4
EXHIBIT A
Chapter 10.34
FERRY RATESl
5 Sections:
6 10.34.005 Definitions.
7 10.34.010 Effective date for ferry user fees.
8 10.34.020 Interpretation of rate schedule.
9 10.34.030 Use of ferry user fee revenues.
10
11 10.34.005 Definitions.
12 A. "Ferry system" means all physical elements of the Lummi Island
13 ferry operations, including both the Gooseberry Point and Lummi
14 Island vehicle and pedestrian staging areas, vehicle parking areas,
15 and ferry docks, and any and all boats utilized for transport
16 purposes.
17
18 B. "Operating cost" means all actual daily running expenses and ail
19 actual regular and routine maintenance and administrative
20 expenses associated with the use and operation of all physical
21 elements of the ferry system.
22
23 C. "Capital cost" means all capital expenditures, including financing
24 and depreciation expenses applied to the replacement, expansion,
25 or creation of ferry system physical elements.
26
27 D. "Fare box recovery rate" means the calculated percentage of total
28 revenue generated through ferry user fees in comparison to total
29 actual operating costs for the same period of time.
30
31 E. "Ferry user fees" means the rates and charges required of and
32 collected from any and all users of the ferry system, as established
33 and periodically amended in the unified fee schedule.
34
35 F. "Rate schedule" means the combination of ferry user fees and
36 operational policies affecting the use of the ferry system. (Ord.
37 2005 -090 Exh. A).
38 10.34.010 Effective date for ferry user fees.
39 Ferry user fees are set forth in the Whatcom County unified fee
40 schedule and become effective as set forth in the ordinance adopting or
41 amending such schedule. (Ord. 2005 -090 Exh. A; Ord. 2002 -012; Ord.
42 2001 -064; Ord. 93 -080 Exh. Q).
43 10.34.020 Interpretation of rate schedule.
44 The following provisions should be observed in application of the ferry
45 rate schedule:
46
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
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 multiride cards shall be sold to full -time students only.
Proof of age and enrollment shall be required at time of purchase.
No special student discount is available for drivers of vehicles.
H. A special rate may be applied to children under 12 and children 12
to 18 years of age. No special child discount is available for drivers
of vehicles.
I.. County employees on official county business shall be exempt from
fares.
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
• Family of 4 or more with less than $40,000 total annual income
• Family of 3 with less than $30,000 total annual income
• Family of 2 with less than $20,000 total annual income
• Individual with less than $10,000 total annual income
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
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 -18 -020, 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. Multiride cards shall be valid until six (6 months after rates change.
No Ocredit or refund will be allowed.
afteF Get..be - 1st m ham, F e d at the eeu -the , e towards eaFds
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. (Ord. 2005 -090 Exh. A; Ord. 2002 -012;
Ord. 2001 -064; Ord. 93 -080 Exh. Q).
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. (Ord. 2005 -090 Exh. A; Ord.
2002 -012; Ord. 2001 -064).
Footnotes
'Prior legislation: Ord. 89 -103.
Page 4
N
4a
O
M
A
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
co
co
(v)
Cl)
Cl)
co
(9
Cl)
co
co CT
Cl)
Cl)
Cl)
O
O
O
O
O
O
N
O
N
O
N
O
N
O
N
O
N
O
N
O
O
N
O
N
O
N
O
N
O
N
O
O
N
N
N
N
N
N
N
N
O
N
O
N
O
N
O
N
t
y
ro
ro
ca
ca
ca
C_
C
C
C
C
C
9
V
V
V
�2
'2
9
V
9
9
9
O
O
O
O
O
O
O
O
O
O
O
O
O
N
d1
01
m
0
0
t
m
M
A
A
M C,
Ar
A
A
O
O
4
4
4
O
G
O
Ca
O
O
O
O
6
c
d
LL
c
d
E
�
a
c
O
CL
a
cn
Q
Q
a
cn
Q
a
Q
N
w
H
H
H
N
H
H
CL
CL
(U
H
H
m
:3
a-
c
c
c
a
0
c
W
c
W
>
O
>
O
c
C
O
O
O
O
T
N
T
T
N
N
N
LL
T
T
T
N
m
O
O
O
O
O
O
O
p
O
O
p
O
O
Q±
ti
N
L0
N
LO
T
O
O
p
G
ui
N
O
N
tYj
L`
�
E
p
N
69
69
69
69
69
N
69
4
69
CA
69
69
_
fOD
69
E
(9
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
o
O
O
O
O
O
r
N
O
O
O
1.6
10
O
r
C6
4
N
ti
CD
O
M
N
69
69
69
69
69
69
69
69
to
69
69
69
69
64
t
�
c
v
•L
W
V
�
N
L
ca
�
�
L
CO
Q±
�•
R3
•�
Q)
'�
T
O Q)
T •6
ACV!
v
U.
7
y=,
c
N
N
a
y=3
Cn
y
w
vi
U
c
c�
w
E
H
(U
T
C
T
T
r_
ca
ro
�
cps
C'
N
N
N
N
O
U M
� M
V N
N
U-
Q
Q)
oV0-
°d
('D
0
a d
o
(
•�
o
Q
(i
Q
o
M
w
a
U
N
L
!
>
L
•L
•L
L
C
O
3
N
rn
a)
O)
m
0)
m
m
(L) i
m
�
•E
L
m
U
m
U
m
N
w
w
'a
:
L
O
I�
o
o
L
m
w
(U
C
a� a)
m
d
o
:3
CD
'C
I
�
�
U)
LM
U')
LO
LPL
O
d
O
O
O
O
O
O
O
11O
O
10
O
f fl
m
O
O
O
O
O
O
1n
�!
.Q
a
U)
U)
0
1n
1n
LAD
1n
LO
1.0
a
O
1O
O
W
a
N
C i
L6
(6
r;
ao
ai
°
M
N
4�
O
N
N
Pr
N
O
OI
L
IZ
V
C
IQ
N
O
d
U.
w
C
O
E
b
CL
as
O
E
10
d
E
a
.r.
v+
d
d
d
N
m
W
O
L
7
2
C
O
w
ld
N
O
L
7
al
N
0
R
4l1
a
LQ
a
n
0
0
N
2
a
N
0
0
N
U
O
0
L C
O O
!L C,
L a
O
U LL
7
a
❑ ❑
❑
❑
❑
❑
❑
❑
❑
❑ ❑
Cl) Cl)
Y
m
(7
C7
C7
Cl)
m
L7
(7 Cl)
0 0
T
o
T
9
T
o
^
T T
4 0
N N
N
N
N
N
N
N
N
N N
O O
O
9
O
O
9
O
O
O 9
N N
N
N
N
N
N
N
N
N N
C C
C
C
C
C
C
C
C
C C
C C
C
G
C
C
C
C
C
G C
v
E
P
P
O O
O
O
O
O
O
O
O
O O
L�7 L�7 Ci
O O C) Q O O O O O O O
T T T T T T T T
U U U U U U U U U U U
U U U U U U U U U U U
O
CD
L-
4 N 0L N Q N 4 Q Q t
ALL Q L _a •L Q ALL ALL .L V
r •L •� r •L r r C 7
G C "O C no C "O C C C @ CL
C 7 C 7 C :3 C 7 7 7 ,C
O O O [If O O O ` L
O O O O :3 N
W
L
C O O O O O O O p p p O O O O O O O p O :3
O
co N C> d N 0) 'd Cl N �d o cn O
V3 69 64 6p). EF? EF? 69 E,9 Ei4 69 L U91
0)
CD
@
L
O O O O O O O O O O
06 O LT O O O ti O (D LO
m C) ce) C3 04
69 69 69 69 to (a 69 6p 69- Ln 69
N
O O O cu
O
C O
3 D ^ O O O O O co � O
CD O co n (n
04 N I
(D @
d E O O O O (p :3
O O O O O O O i LT
L C 00 00 N N m m N N
d i i w U C
�>! N > > > > > > p p (0
v .�L •L •LL •L •L
IA y 0 D Q
m D d p b N
U) 0 v N 0) 0) N N N L ` 3 N iU
'G •E z U
D a�i ai ai aLi (a F F L
Z�� > > > > 7 7 I— H O R CO w
ti Qti 00 O O N CO Nt LL-) (D ti 00
0 Ln L() (D CD (D O (D (D to to of to
G la O O O O O O O O O O O
Lo J In L(7 L() L() L(7 L(7 LLB Ln Ln Lfl
ui (D ti 00 o) C r N c7 4 Ln 00
r t- �- T r N N N N N N N