HomeMy WebLinkAboutord2015-034strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO.
2014 -426B
CLEARANCES
Initial
Date
Date Received in Council Of ace
Agenda Date
Assigned to:
Originator:
Rob Ney
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/21/15
Introduction
Division Head:
Rob Ney
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JUL 14 2015
W H ATC O M COUNTY
COUNCIL
8/4/15
Hearing
Dept. Head:
Jon Hutch' s
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Prosecutor:
Dan Gibson
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Purchasing /Budget:
7% ,
Executive:
TITLE OF DOCfffjKT.
Ordinance, Whatcom County Code Chapter 10.34 Ferry Rates, and 2015 Unified Fee Schedule
ATTACHMENTS:
Memorandum with attachments, Agenda Bill from 6123115 PW Committee, Ordinance, Exhibit A, Exhibit B
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( X) Yes ( ) NO
SEPA review completed? ( )Fes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
0
This ordinance amends Whatcom County Code 10.34 paragraphs A, B, C, D, J, K, L, and M. Paragraphs A and B
are housekeeping changes that address "trailer" and "self- propelled heavy machinery" definitions and how fares are
calculated for these categories. Paragraph K and L are being updated as the changes have already been made
effective. Paragraph J has been updated to change the wording that addresses Lummi Nation passage on the
Whatcom County Ferry so that the wording now mirrors the language in the Tidelands Lease Agreement dated
10/24/11.
This ordinance also amends ferry user fees. Paragraph M discusses how multi -ride punch cards purchased prior to
the rate change will be handled.
The proposed Unified Fee Schedule removes the $3.00 surcharge (UFS # 2823) and adjusts the ferry fare line items
according.
All of these changes will be effective within sixty (60) calendar days from the adopted date of this ordinance.
COMMITTEE ACTION:
COUNCIL ACTION:
7/21/2015: Introduced 6 -0, Munn absent
8/4/2015: Adopted 6 -0, Mann absent, Ord. 2015 -034
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2015 -034
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: Public Works
2 SPONSORED BY: BY: Public Works
3 INTRODUCTION DATE: 7/21/2015
4
5
6 ORDINANCE NO. 2015 -034
7 AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND THE
8 WHATCOM COUNTY UNIFIED FEE SCHEDULE
9
10 WHEREAS, In December 2014, LIFAC (Lummi Island Ferry Advisory Committee)
11 requested the County review ferry fares and presented a fare proposal which the County
12 countered with an alternative proposal that ensured the viability of the ferry fund; and
13
14 WHEREAS, LIFAC unanimously approved the counter proposal; and
15
16 WHEREAS, The County Council's Public Work Committee recommended forwarding
17 the County's proposal for consideration; and
18
19 WHEREAS, Chapter 10.34 of the Whatcom County Code addresses administration
20 of the ferry rates and an interpretation of the rate schedule, included in the Whatcom
21 County Unified Fee Schedule; and
22
23 WHEREAS, Chapter 10.34 has been updated to address some housekeeping issues
24 such as "trailer ", "self- propelled heavy machinery" definitions and how fares are calculated
25 for these categories; and
26
27 WHEREAS, Chapter 10.34 has been updated to change the wording to paragraph J
28 that addresses Lummi Nation passage on the Whatcom County Ferry so that the wording
29 now mirrors the language in the Tidelands Lease Agreement dated October 27, 2011; and
30
31 WHEREAS, it is necessary to amend the rates charged to users of the ferry; and
32
33 WHEREAS, in order for the user fees to be amended as requested on Exhibit "B ", it
34 is necessary to amend Chapter 10.34 of the Whatcom County as shown on Exhibit A to this
35 ordinance; and
36
37 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
38 Whatcom County Code 10.34 is hereby amended as indicated in Exhibit "A" to this
39 ordinance.
40
41 BE IT FURTHER ORDAINED that the Whatcom County Unified Fee Schedule is
42 hereby amended as set forth in the attached Exhibit "B ".
43
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BE IT FINALLY ORDAINED that the amended fares set forth in Exhibit "B" shall be
effective within sixty (60) calendar days from the adopted date of this ordinance.
ADOPTED this 4th day of August , 2015
`NO%J11IIftill,,fl,�
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Dan&,Vb 9 - C'. Clem of the Council
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APPROVED AS TO FORM:
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Chief Civil Deputy Prosecutor
Page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
WHATCO_M " -C NTY >ECUTIVE
WHOM c6UNTY, WASHINGTON
Jack Louwg, County E4cutive
(Approved ( ) Denied
Date Signed: 's ' S
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. 2013 -042 Exh. A; 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).
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. 2013 -042 Exh. A; 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; 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. X- Buses, Trailw -s. mobile homes, motor homes, fifth wheels in bed of pickup, and trailers
including -goosenecks are charged by total length. Length includes tongue, hitch, and projections
to the rear. -.,hall innl e, but _Ret„be_ A ball hitrhes mili+nr� hiF �* n bed of
pjGW , du -try: lers, reoreation Vane— a^ - imGbile-"h @s:
B. Tow vehicles with trailers shall be charged a combined rate based on total length of the trailer
as defined in ara ra h A. above, and weight of the tow vehicle based on the gross vehic #e wei ght of the
desi_q nation of the vehicle. H eavy mach inery that is self-propelled onto the ferry shall be char ed at the
corresponding vehicle weight. A
9.8. Special trips are a surcharge in addition to the applicable fare.
D.G. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public
works department and published appropriately.
D'I -r -,. &&and-tG vetviclaFYwith trailers h�l1_be- GharCgC d--a.- ratSe-based -an ",4 end weight: Heavy
masl3in3, and-M. .tor- home"halt- burned -at-- the -ser-r nding vehicle -rate:
E. All trucks shall be charged regular round -trip rates based on gross vehicle weight, legal hGense
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 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. ;=nFelled -m e m-bers of the Lumm m 1 ndi4n- 41bee- IMho_ar$1ssued s7 pmpria e rovern ifiG"on� card & -by4he
tribe- er (;iN 0 cards and he -have
legtiiatek- 1t�Fiiit���al-- b+uswi�r-/seysss- upon -- Lauri Island as- inLdfc�a+}t�ayd by the Ll u m �b Indian TF",- shall ••na�IfFe 1�-ryf�o t
.�' up(N -and' across the ferry Yi�e�tya LCiVI.n' Cl'lYJS'I�y'i�e - 4-and Lu-r r-ni
Islam- During the terra of the Tidelands Lease kgreement dated 10124111, Lessee (Whatcom County_)
shall grant free foot and non - commercial passenger vehicle passage upon and across the ferry operated
by Lessee between Gooseber Point and Lummi Island to those persons,going to Lummi Island for
legitimate tribal business who are either enrolled members of the Lummi Nation or emolovees thereof,
and who also present appropriate identifiofation issued by the Nation, including Lummi Indian Business
Council Identification cards or current fishing cards/ tenses as issued by the Lummi Nation.
K. A special needs -based discount is provided for Lummi Island residents who meet the very low income
levels set annually by the Department of Housing and Urban Development (HUD). The current year's
levels will be posted on the Whatcom County public works 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. -wall- take - LWA— ##i salendar days of he- 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 45818 -020, 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. T "„ COC��t'anges will take plane ■ itNn 60 nalesdar days of he adapted- date- {of-t-he- or4inam'e.
M. I- ntentionaity --left blank- Multi -ride cards ,purchased prior to the most current fare change shall be valid
until six (6) months after the effective date of this ordinance- Multi -ride cards purchased at the prevous
rate rather higher or lower than the new rate will be accepted for use as one punch equals one round trip.
No credit or refund will be allowed or issued. These rate changes will take place within sixty (60)
calendar days of the adopted date of this ordinate.
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. 2013 -042 Exh. A; 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; 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.
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. 2013 -042 Exh. A; 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).
1
Prior legislation: Ord. 89 -103.
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