State Authorizes Creation of Guemes Ferry District

Excerpts from SENATE BILL 6787 signed by Governor Gregoire March 29, 2006, to be effective June 6, 2006. The bill primarily was intended to facilitate county operation of passenger-only ferries but has been broadened to include all county ferry operations. The stricken text was language removed from the original bill as it passed through the legislature.

The bill allows the county commissioners to define and create a ferry district and then apply for a one time disbursement of funds from the sale of the existing south sound passenger-only vessels, estimated to be about $9 million. The county is also authorized to collect a property tax within whatever boundaries they establish for the ferry district.

 9 (1) The legislative authority of a county ((with a population over
10 one million persons and having a boundary on Puget Sound)) may adopt an
11 ordinance creating a ferry district in all or a portion of the area of
12 the county, including the area within the corporate limits of any city
13 or town within the county. The ordinance may be adopted only after a
14 public hearing has been held on the creation of a ferry district, and
15 the county legislative authority makes a finding that it is in the
16 public interest to create the district. ((A ferry district is limited
17 to providing passenger-only ferry service.))

18 (2) A ferry district is a municipal corporation, an independent
19 taxing "authority" within the meaning of Article VII, section 1 of the
20 state Constitution, and a "taxing district" within the meaning of
21 Article VII, section 2 of the state Constitution.

22 (3) A ferry district is a body corporate and possesses all the
23 usual powers of a corporation for public purposes as well as all other
24 powers that may now or hereafter be specifically conferred by statute,
25 including, but not limited to, the authority to hire employees, staff,
26 and services, to enter into contracts, and to sue and be sued.

27 (4) The members of the county legislative authority, acting ex
28 officio and independently, shall compose the governing body of any
29 ferry district that is created within the county. The voters of a
30 ferry district must be registered voters residing within the boundaries
31 of the district.

Sec. 9. RCW 36.54.130 and 2003 c 83 s 303 are each amended to read
36 as follows:

1 (1) To carry out the purposes for which ferry districts are
2 created, the governing body of a ferry district may levy each year an
3 ad valorem tax on all taxable property located in the district not to
4 exceed seventy-five cents per thousand dollars of assessed value. The
5 levy must be sufficient for the provision of ferry services as shown to
6 be required by the budget prepared by the governing body of the ferry
7 district.

8 (2) A tax imposed under this section may be used only for providing
9 ((passenger-only)) ferry services, including the purchase, lease, or
10 rental of ((passenger-only)) ferry vessels and dock facilities, the
11 operation and maintenance of ((passenger-only)) ferry vessels and dock
12 facilities, and related personnel costs.

Full text of 6787

Excerpt from the minutes of County Commissioners' session:

RECORD OF THE PROCEEDINGS
TUESDAY, MARCH 28, 2006

PAGE NO. 2

2) Mr. Martin raised the idea of modifying existing statutes, which would allow the Commissioners to establish their own ferry district. He said he would pursue the thought further.